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New Orleans Truck Accident Attorneys

New Orleans Truck Accident Attorneys

Large commercial trucks are critical to our country’s economy. These mammoth vehicles transport goods across the continent, delivering the food, medicine, gasoline, building materials, and other essential supplies our country needs to keep running. Despite their benefits, however, 18-wheelers and other large trucks pose huge risks on roads and freeways in New Orleans and across the state. 

In the U.S. alone, trucks are responsible for more than 500,000 accidents each year, resulting in over 5,000 deaths and 14,000 injuries. These catastrophic events leave victims burdened with life-altering personal injuries, property damage, medical bills, lost income, and, sometimes, even funeral costs and wrongful death.  

If you or someone you know was injured in a trucking accident, we want to hear from you! While we can’t change the past, we can help you forge a better future. And if you were injured because of someone else’s mistakes, you may be entitled to compensation for your losses. An experienced Louisiana truck accident attorney can protect your rights and help you navigate common pitfalls during this important legal process.

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Initiating a Truck Accident Claim

Accidents happen, but too often, they’re the avoidable result of someone else’s error or negligence. The first step we take in every truck accident case is to conduct our own investigation. We want to know who is liable for the accident and whether the truck driver, trucking company, or vehicle manufacturer was involved. 

During this process, our team works with technical experts, who help us collect and analyze valuable evidence that can include: 

  • Driver logs.
  • Black box data recorders.
  • Cargo securement systems.
  • Trucking and company regulations.
  • Driver qualifications and training.
  • Trucking expert reports.
  • Weather and environmental data.
  • Truck repair and maintenance history.
  • Witness statements.

Proving a violation of state and federal laws helps establish who is at fault for the accident and why it happened. Depending on what we find, you may be able to obtain compensation for your injuries.

 

Did Driver or Company Error Cause Your Accident?

Sometimes, accidents are nothing more than a random act of chance that neither driver could have prevented. However, they’re often caused by human error—whether the truck driver’s, a company oversight, or some combination of both. 

Here’s a closer look at how truck operator error and company negligence contribute to trucking accidents. 

Driver Error

According to the Federal Motor Carrier Safety Administration (FMCSA), driver error is ten times more likely to cause a trucking accident than anything else. Within these staggering statistics, four main catalysts make up more than half of all truck accidents, including:

  • Hours-of-Service (HOS) Regulations—A company pressures its drivers to overlook federally mandated limitations on driving times and mandatory breaks, valuing their bottom line more than road safety.
  • Maintenance, Repair, and Inspections—A company does not follow repair and maintenance rules. According to FMCSA rules, all commercial trucks must have regular checkups, timely repairs, and certified inspections. A company that doesn’t meet these requirements is in danger of accident liability.
  • Driver Qualification Standards— A company hires unqualified or poorly trained drivers. Truck driver licenses are classified as Class A, B, and C, with additional certification for truckers hauling hazardous material.
  • Regular Drug and Alcohol Tests—A company does not conduct regular (random) drug and alcohol tests on its drivers. The FMCSA rules state that no driver can use (or possess) drugs or alcohol in their trucks. Commercial trucking companies are responsible for making sure their drivers follow these restrictions.

Despite these rules, serious trucking accidents are steadily increasing, with injuries and deaths up from previous years. In fact, according to statistics from the National Safety Council, the number of fatal commercial trucking accidents is increasing.

Lax safety measures that violate company, state, or federal rules could make a company at least partially liable for any accidents its drivers are involved in. An experienced truck accident attorney can help you get the compensation you deserve.

 

What Are Truck Accident Damages?

In personal injury law, “damages” refers to money an at-fault party must pay the victim. This money is designed to compensate victims for injuries and physical and mental harm, offset the financial burden of making things right, and may encompass the loss of future benefits. 

Common truck accident damages include: 

  • Emergency room treatment.
  • Doctor visits.
  • Prescription medications. 
  • Hospital stays and outpatient care. 
  • Physical therapy. 
  • Ongoing healthcare needs. 
  • Loss of wages. 
  • Pain and suffering. 
  • Property damages. 
  • Funeral costs. 
  • Wrongful death. 
  • Legal fees.

If you’ve been involved in a serious collision, it’s important not to try to “tough it out.” Instead, seek immediate and appropriate medical attention. Professional care helps establish a realistic fiscal price point for your physical damages and prove the severity of your injuries to insurance adjusters and a judge.

Without proper, timely medical care, an adjuster may try to argue that your injuries aren’t as bad as you claim.

Trucking accident injuries can be catastrophic for both victims and families. In the most tragic cases, the death of a loved one in a truck collision leaves surviving relatives with unanswered questions, emotional loss, and financial hardship.

Fault May Affect How Much Money You Receive

Truck drivers and companies are not the only at-fault drivers in large-scale trucking accidents. Sometimes, other drivers are also partially at fault, but occasionally, the victim may be partially to blame.

When multiple drivers are responsible for injuries, the damages are divided between responsible parties according to their percentage of fault. For example, let’s say you have $100,000 in damages. A judge rules that the truck driver is 40% liable, Driver A is 10% liable, and Driver B is 50% liable. In this situation, the truck driver would be responsible for $40,000 of your damages, Driver A for $10,000, and Driver B for $60,000. 

As the injured party, however, you do not need to collect this amount from multiple parties. Under the rules of joint and several liability, your total injuries can be recovered from a single driver—whichever you think is most likely to pay. Under Louisiana law, the other at-fault parties are responsible for working out reimbursement between themselves.

Time Is Ticking on Your Truck Accident Claim 

As an injured party, you cannot wait long to decide whether to sue for damages; claims must be filed within a specific timeframe. This limitation is known as a “statute of limitations” and is designed to protect would-be defendants from past claims that are no longer relevant.

In Louisiana, the statute of limitations on commercial truck accidents is one year from either:

  • The date of the accident;
  • The date your injuries were detected (or should have reasonably been detected); or,
  • One year from the date of death (if you are filing a wrongful death claim).

These same restrictions also apply to car accidents and other personal injury claims. If you try to file a case outside of this time frame, your case will likely be dismissed, which is why it’s so important to act fast. Call an experienced attorney today and see what they can do to help before your time runs out.

I Was Involved in a Truck Accident. Now What?

Your safety is the primary concern. If you were involved in an 18-wheeler accident, seek medical attention for your injuries and ensure you are not in any active danger. After tending to health and safety concerns, proceed with the following steps: 

  1. Call the police and file a detailed accident report. 
  2. Gather information from the other driver, including contact information, driver’s license number, and insurance information. 
  3. Do not sign anything or admit fault. Anything you say or sign can legally be used against you in court. 
  4. Take pictures of the scene and any damage to your vehicle. 
  5. Note traffic cameras and follow up later for footage. 
  6. Identify any witnesses at the scene. 

If you are incapacitated in the accident and can’t follow through with some of these on-scene steps, an experienced attorney can help you track down information after the fact. 

Why Hire Us

Do You Need a Truck Accident Attorney To Help Recoup Damages?

Commercial trucking accidents are often horrific, leaving victims struggling to cope with the physical, emotional, and financial burdens of someone else’s mistakes.

If you or someone you care about was injured in a trucking accident, you need not bear these burdens alone. Contact the Lamothe Law Firm today for a free consultation and let our team of experienced truck accident attorneys defend your case and get you the compensation you deserve.

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