According to data from the Center for Analytics and Research in Transportation Safety (CARTS), commercial vehicles—including trucks—caused just over 47% of all crashes in 2020. Commercial vehicles caused 28% of fatal crashes and 45% of injury-causing crashes out of all the accidents in Louisiana that year.
However, the blame may not only lie with the driver but also with the manufacturer of a faulty part, or the mechanic who missed a problem. The blame may also lie with the trucking company for poor maintenance on the truck.
A thorough investigation of the accident can determine who is responsible for a truck accident. Both the police and the insurance companies will investigate the cause of a truck accident. You can also hire a personal injury lawyer to conduct an independent investigation on your behalf and help you seek damages.
How Louisiana’s Negligence Laws Can Affect Your Case
People who are injured or lose a loved one in an accident may be entitled to financial compensation, or damages, from the other driver. If one driver causes the accident through negligent driving behavior, the other driver can seek damages through an insurance settlement or lawsuit.
Louisiana Civil Code (CC) §2323 establishes comparative negligence in Louisiana. This law takes into account each driver’s contribution to the accident when determining who can request damages and how much they can receive. If a driver is partially responsible for the accident, their damages will be reduced in proportion to the contribution.
For example, if you were involved in an accident with a truck and the investigators determine that you were 30% responsible, then you can only claim 70% of the value of your damages. If the truck driver falsely overstates your contribution to the accident, a personal injury lawyer can fight on your behalf.
For a free legal consultation, call (337) 777-7777
What a Personal Injury Lawyer Can Do to Help with a Truck Accident Case
A personal injury lawyer can investigate the accident to determine who was at fault. To do so, your lawyer can collect evidence from the accident, such as:
- Photographs or video footage from the scene
- Police reports
- Eyewitness statements
Some of this evidence is time-sensitive, so you should call a lawyer as soon as possible after the incident.
Seeking Damages After a Truck Accident
Your lawyer can also assist you with seeking damages from your truck accident. First, your attorney can help you determine how much your damages are worth. Some of the expenses you may be entitled to include property damage to your vehicle and medical expenses related to your injuries.
To determine the value of your property damage, your lawyer can collect your receipts for towing, auto body repair, and mechanical repair. They can also collect receipts regarding your medical bills.
You may be entitled to reimbursement for medical expenses such as doctor’s appointments, hospitalizations, surgeries, X-rays, rehabilitative therapies, and prescription medications.
Seeking Financial Compensation from a Truck Accident
Once you have an idea of how much your damages are worth, you can pursue a claim or lawsuit against the other driver. A lawyer can assist you with this difficult legal process.
You may choose to settle with the truck driver’s insurance company. Your lawyer can take over all communication with the driver and the insurance company, including settlement negotiations. Then, your attorney can help you determine whether a settlement offer is fair and acceptable to you.
If you cannot come to an agreement with the insurance company, you can seek compensation through the court. Your lawyer can file a lawsuit on your behalf and represent you at trial.
Complete a Free Case Evaluation form now
Time Limits After a Louisiana Truck Accident
You only have a limited amount of time to file a lawsuit after a truck accident in Lafayette and throughout Louisiana. CC §3492 sets the statute of limitations for personal injury at one year from the date of the accident.
The same statute gives surviving family members one year from the date their loved one passed away to file a wrongful death lawsuit. If you wait longer than one year, you will forfeit your right to seek compensation from the truck driver.
Time May Be Running Out in Your Case, so Call Today!
If you believe a truck driver was responsible for an accident that left you with injuries, a personal injury lawyer with Laborde Earles Injury Lawyers may be able to help. Call (337) 777-7777 today to speak with a member of our team.