New Orleans Truck Accident Lawyer

New Orleans Truck Accident Attorney

Sources: https://www.legis.la.gov/legis/Law.aspx?d=109373

Imagine the terrifying impact of a massive truck colliding with your car. The world you know is instantly upended. You’re left injured, confused, and facing a mountain of bills. If the insurance company throws you another curveball by denying your claim unfairly, you need a New Orleans truck accident lawyer in your corner.

Truck accidents are no fender benders. They can cause severe injuries and wreck your vehicle. The legal issues surrounding these accidents are complex, and navigating them alone is overwhelming. If you’ve been in a truck accident, a lawyer can guide you through the process.

Medical bills pile up. You can’t work. You’re struggling to cope with the emotional trauma. A dedicated truck accident lawyer can fight for the compensation you deserve so you can focus on healing.

Quick Summary

Below is an overview of the critical points of this article.

• Louisiana sees various truck accidents, including head-on collisions and underride accidents, which often result in serious injuries or fatalities. Legal representation is crucial to ensure fair compensation for victims.
• Truck accidents in New Orleans stem from factors like rough driving, fatigue, intoxication, distracted driving, overloading, and poor maintenance. These causes highlight the importance of legal assistance in pursuing compensation.
• Injuries from truck accidents in New Orleans range from back and neck injuries to head and brain injuries, internal injuries, and spinal cord injuries leading to paralysis. Legal avenues are essential for victims seeking justice and compensation.
• After a truck accident in Louisiana, crucial steps include contacting the police, seeking medical attention, collecting witness information, gathering the other driver’s details, and consulting with a truck accident attorney to protect legal rights.
• Liability for truck accidents can extend to truck drivers, trucking companies, cargo manufacturers, leading companies, and parts manufacturers. Identifying negligent parties is vital for pursuing a successful legal claim.
• Louisiana’s statute of limitations for truck accident claims is one year, emphasizing the need for prompt legal action. Proving negligence involves demonstrating a duty of care, breach of duty, causation, and damages, crucial for securing compensation.

What Are the Most Common Types of Truck Accidents in Louisiana?

Trucks on Louisiana’s roads make many drivers nervous because they are big and heavy. It’s understandable because a crash with a large truck can cause severe injuries or even death. Below are some of the most common types of truck accidents seen in Louisiana truck accident cases:

Head-On Collisions

Head-on collisions happen when a truck crashes into a vehicle from the opposite direction. These accidents can cause deaths or serious injuries to everyone involved. It’s a dangerous situation that requires careful legal attention to ensure victims receive proper compensation for their losses.

Rear-End Collisions

Rear-end collisions occur when a truck hits another vehicle from behind. This can happen if a smaller vehicle is tailgating and crashes into the back of a commercial truck. These accidents are very dangerous and can cause severe harm or even death.

Underride Accidents

Underride accidents are among the most dangerous types involving semi-trucks. These occur when a truck stops suddenly, and a car behind it ends up wedged beneath the trailer. Such accidents can result in severe injuries or fatalities, highlighting the critical need for legal assistance to navigate the complexities of compensation and justice.

Rollover Accidents

Rollover accidents occur when a truck driver loses control and the tractor-trailer tips over, causing a crash. These accidents often lead to spilled cargo, adding to the severity of the situation. It’s crucial to seek legal advice if you’ve been involved in a rollover accident to understand your rights and pursue compensation for any damages.

Jackknife Accidents

Jackknife accidents happen when the front and back trailers lose synchronization, causing the trailer to swing sideways and the whole truck to lose control. These accidents are serious because they can block lanes and lead to collisions with other vehicles.

What Causes Truck Accidents in New Orleans?

Truck accidents can occur for various reasons, such as careless driving, distractions, or mechanical problems. Sometimes, just one thing, such as a driver going too fast, can lead to an accident. The cause of the accident is crucial because it can help determine which party was at fault.

If a driver causes the accident because they were fatigued, this may constitute driver negligence or misconduct on the part of the trucking company for encouraging drivers to ignore federal rest regulations.

Other times, accidents happen because of a mix of things like not maintaining the truck well and not having enough experience driving it. Common causes of truck accidents include:

Rough Driving

Rough driving in trucks is more challenging than driving smaller vehicles and can lead to accidents if the driver isn’t careful. Unlike smaller cars that can maneuver quickly, tailgating and speeding are risky behaviors that often result in truck accidents. Truck drivers must maintain safe distances and follow speed limits to prevent collisions.

Fatigued Driving

Even though federal law limits how long truck drivers can drive continuously, some ignore these rules to work longer and earn more money. When drivers don’t take breaks between trips, they become tired, which is risky. For instance, a tired driver might nod off while driving, causing accidents involving other vehicles or pedestrians.

Intoxicated Driving

Intoxicated driving among truck drivers is a serious issue. Some drivers use stimulants to stay awake longer or take depressants to cope with stress, which can impair their ability to drive safely. When truck drivers operate their vehicles under the influence of alcohol or drugs, the risk of accidents increases significantly.

Distracted Driving

Distracted driving is a major concern for truck drivers. Operating a truck demands full attention, so if a driver is distracted by daydreaming or texting while driving, it can lead to deadly accidents. These distractions increase the chances of severe collisions on the road. Truck drivers must stay focused on the task to ensure everyone’s safety.

Overloading

Overloading a semi-truck with too much cargo can make it harder to control on the road. This can lead to objects falling off the truck, hitting other drivers, or even causing the truck to swerve out of control. Truck operators must follow weight limits and load guidelines to prevent accidents and ensure safe driving conditions for everyone on the road.

Poor Maintenance

Poor truck maintenance is a significant issue that contributes to accidents. When truck drivers don’t follow safety rules and neglect regular checks on their vehicles, mechanical problems can result. These issues, like brake failures or tire blowouts, are common reasons for accidents involving trucks in New Orleans.

What Are the Common Injuries in New Orleans Truck Accidents?

Truck collisions cause some of the most severe and catastrophic injuries. Part of what makes truck accident claims so complicated is the high cost of the resulting damages. It can be difficult to get insurers to settle fairly when the settlement value is so high. Although highway safety has gotten much better over time, there are still plenty of dangers that can cause truck accidents. Some common reasons for truck accidents include unsafe roads or poor visibility.

Many injuries can be caused by truck accidents, including:

Back and Neck Injuries

Injuries from accidents can range from minor issues like whiplash to more serious ones, such as dislocated discs in the spine. It’s important to understand that back injuries are distinct from spinal cord injuries. These injuries to the neck and back can prevent you from returning to work and doing your daily routines.

Broken Bones

Broken bones are frequently seen in truck accidents. The seriousness of the injury depends on how complex the accident was. In severe accidents, like underride crashes, bones can be crushed.

Head and Brain Injuries

Head injuries can seriously impact the victim’s quality of life. When an injury breaks through the skull and reaches the brain, it is called a Traumatic Brain Injury. Some head injuries might not show symptoms right away, so it’s important to get medical help right after a car accident.

Internal Injuries

Truck accidents involving substantial impacts can injure important organs such as the liver, bladder, kidneys, pancreas, and spleen. Internal injuries can be challenging to treat and may not show symptoms immediately. It’s crucial to see a doctor to check for internal injuries, even if you don’t feel hurt immediately after an accident.

Spinal Cord Injuries and Paralysis

Accidents causing injuries can harm the spinal cord and lead to paralysis. It’s crucial to get prompt medical care for spinal cord injuries to reduce the chance of lasting harm. After a truck accident, it’s important to see a doctor immediately and undergo tests like MRIs and X-rays.

Other typical injuries from truck accidents include cuts, injuries from seat belts, and injuries to the ribs and torso. In cases where someone dies from a truck accident, their legal heirs may seek compensation through a wrongful death lawsuit.

A wrongful death claim allows surviving family members to recover financial losses they sustained due to a loved one’s death. This can never make up for such a tragic event, but it may give a family some financial stability as they heal.

What to Do Following a Truck Accident in Louisiana?

What you do after a truck accident may affect your case. The information below covers a few things you should keep in mind whenever a truck accident occurs.

Contact the Police

Contacting the police promptly after a truck accident is crucial. In New Orleans, reporting accidents causing over $500 in damage is mandatory. The police report plays a vital role as evidence in potential legal proceedings related to the accident.

Seek Immediate Medical Attention

Seeking immediate medical attention after an accident is crucial. You might have serious injuries, even if they’re not apparent immediately. Seeing a doctor promptly ensures that all injuries are correctly diagnosed and recorded.

Collect Contact Information From Witnesses

Collecting contact information from witnesses is important for supporting your claim. Ensure to get the contact details of anyone who saw the accident. Your personal injury lawyer can assist in reaching out to witnesses who may have already left the scene.

Collect Other Driver’s Information

Gathering the other driver’s information is crucial. Be sure to get their full name, contact information, insurance details, license plate number, and license number. If the other driver has left the scene, provide the police with as much information as possible to help with their investigation.

Contact a Lawyer as Soon as Possible

Having a New Orleans truck accident attorney on your side can strengthen your personal injury case. It’s important to wait to talk about the accident with anyone until you’ve spoken with your lawyer. Only discuss the details with insurance companies or trucking companies once your lawyer advises you to do so.

Who Can Be Held Liable for My Truck Accident Injuries?

Anyone involved in causing a truck accident can be legally responsible for it. Truck accidents often involve several parties, depending on what happened. It’s common for the following parties to be held accountable for truck accidents:

• A truck driver who drinks alcohol and drives
• A truck driver who drives distractedly or recklessly
• A truck driver who breaks traffic laws or commercial safety rules
• Trucking companies that hire unfit or improperly licensed drivers
• Trucking companies that don’t give enough training or supervision to their staff
• Trucking companies that don’t regularly maintain their vehicles
• Cargo manufacturers who don’t correctly list hazardous materials in safety regulations
• Loading companies that don’t follow safety laws when stacking materials in trucks
• Manufacturers or wholesalers who sell defective parts for truck repairs

It takes an in-depth investigation to determine which party is to blame for the accident. One or multiple parties may be liable. The involved insurance companies will conduct an investigation to determine fault, but each company is looking out for its own financial interests and does not have your interests in mind. Working with an attorney provides you with a third-party investigator who is invested in your rights and financial interests.

What is Louisiana’s Statute of Limitations for Truck Accident Injury Claims?

After a truck accident in New Orleans, act quickly. You usually have one year to file a claim under Louisiana law ( Louisiana Civil Code Article 3492   ). If you don’t file your personal injury claim in that time frame, you lose the ability to do so and cannot recover financial compensation. Collect evidence promptly with the help of a New Orleans truck accident lawyer who can guide you.

Trucking companies have significant evidence, so involve your lawyer early to secure it, such as truck data records, dashcam videos, and driver logs. This evidence can show negligence and make your case stronger.

How Can I Prove the Liable Party’s?

It might be difficult to decide exactly how the other party acted negligently. However, your lawyer will need to prove four different elements of negligence, which are:

Duty of Care

Duty of care means that the responsible party must drive safely while on the road. This legal concept requires drivers to take reasonable precautions to prevent accidents. A fundamental rule helps determine who is at fault in negligence cases.

Breach of Duty

Breach of duty occurs when someone fails to meet the expected standard of care. In legal terms, it means they did not fulfill their responsibility as required. This breach is crucial in determining liability in cases where negligence or wrongdoing is alleged.

Causation

Causation means that their actions directly led to the truck accident and your injuries. It’s about proving that what they did—or didn’t do—resulted in the harm you experienced. This element is crucial in showing how their negligence or fault contributed to the incident.

Damages

Damages refer to the losses you suffered because of the truck accident—these can include emotional distress, physical injuries, and financial costs. It’s about the harm you experienced and its impact on your life. You seek compensation for these damages in a legal case related to the accident.

What Potentially Recoverable Damages Can I Get From My Truck Accident Lawsuit?

Damages in a truck accident case are generally placed into two categories: economic damages and non-economic damages.

Economic Damages

Economic damages encompass the monetary losses you sustained because of the accident. These losses often include but are not limited to:

• Medical Expenses. These are the costs incurred for receiving medical care due to injuries sustained. This includes payments for doctor visits, hospital stays, surgeries, medications, and any other treatments needed to recover from the injuries. These expenses are often a significant part of seeking compensation after an accident.
• Repair Expenses. These are the costs of fixing or replacing a vehicle damaged in a crash. These expenses cover repairs to the vehicle’s body, engine, or other parts damaged in the accident. They are essential when seeking compensation or filing an insurance claim after a collision.
• Loss of Income or Benefits. These are the money and benefits someone loses because they couldn’t work due to injuries. This includes wages or salaries that weren’t earned while recovering from the accident. It’s an important part of seeking compensation for the financial impact of being unable to work.
• Loss of Employment. This occurs when someone can’t work anymore or loses their job because of injuries from an accident. This loss can be devastating because it means losing income and stability. It’s a significant concern for accident victims seeking compensation for their financial losses and future security.

Non-Economic Damages

Non-economic damages encompass the physical or mental losses you sustained from the accident. These losses often include but are not limited to:

• Pain and Suffering. This is the physical and emotional distress that someone experiences due to their injuries from an accident. This includes the discomfort from physical injuries as well as the mental strain and anguish caused by the incident. Seeking compensation for pain and suffering aims to address these hardships and provide support during recovery.
• It refers to changes in physical or mental abilities caused by injuries. It includes conditions that limit someone’s ability to perform tasks they could do before. Seeking compensation for disability aims to address these challenges and provide financial support for necessary accommodations or lifestyle changes.
• Pertains to marks left by large, disfiguring, or painful injuries. These marks can affect a person’s appearance and sometimes their physical comfort. Seeking compensation for scarring aims to address these impacts and ensure fair support for any related medical care or emotional distress.
• Reduced Quality of Life. It refers to significant changes in how someone lives because of pain or physical limits from injuries. These changes can affect daily activities, hobbies, and relationships. Seeking compensation for this loss aims to help regain some normalcy and address the impact on daily life.

Noneconomic and economic damages are both compensatory damages. They are awarded to compensate you for the losses you suffered.

In some rare truck accident cases, you may also be awarded punitive damages. In Louisiana, these are called exemplary damages. They are not awarded to compensate for a loss but to punish the at-fault party for reckless behavior.

Exemplary damages might be possible if the case goes to court and the at-fault driver was impaired at the time of the accident; however, they are very uncommon. Your attorney can help you review your specific case to determine if you qualify for these damages.

Working with an attorney is crucial to securing the damages you are owed. Many injured people underestimate the true value of their injuries and other losses and fail to consider the long-term financial losses they may suffer because of their injuries and their inability to work. Many people accept insufficient settlements and end up with financial hardship that they cannot cover.

A skilled attorney has experience calculating present and future injury damages. They can outline all your losses and properly calculate what you are owed. Entering negotiations with a car insurance company with this information is incredibly beneficial for your claim. Your attorney will not accept a settlement that fails to meet the value of your damages. If the insurer refuses to pay an appropriate settlement, your attorney can take the claim to court to receive a fair verdict.

Why Do I Need a New Orleans Truck Accident Attorney?

When you’ve been involved in a truck accident, navigating the legal aftermath can be overwhelming. That’s where a New Orleans truck accident attorney can make a significant difference. Here are some key benefits of having legal representation by your side:

• Know all parts of your case well.
• Collaborate with accident reconstruction experts.
• Handle and sort out all the papers and deadlines for your case.
• Identify the types of payment you might get.
• Collect proof to build a strong case.
• Talk with others involved in the case.
• Thoroughly check what caused your accident.
• Bargain for a complete insurance deal.
• Speak for yourself in court if you can’t agree with others in the case.

Contact Our New Orleans Truck Accident Attorneys Today

At Hammond Law Firm LLC, our New Orleans truck accident attorney understands the full range of losses you have endured and can help you pursue the compensation you rightfully owe. With over 35 years of experience in New Orleans personal injury cases, we have a successful track record of obtaining total and fair compensation for our clients.

If you or someone you love has been injured in a truck accident, please contact us today. We will review your case, advise you on best-suited legal strategies, and help you take every step necessary to pursue maximum monetary damages. With our unwavering dedication and compassionate approach, we will stand by your side every step of the way.

Don’t let the aftermath of a truck accident define your future. Our experienced New Orleans truck accident attorneys are here to offer the guidance and support you need to move forward with your recovery. Call Hammond Law Firm LLC for a free consultation with one of our experienced attorneys.

We can also assist you with Business Interruption Claims   and Bad Faith Insurance Claims   . We have your best interests at heart and are here to seek justice on your behalf.