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.
Below is an overview of the critical points of this article.
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 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 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 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 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 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.
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 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.
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 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 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 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 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.
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:
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 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 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.
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.
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 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.
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.
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.
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.
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.
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.
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:
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.
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.
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 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 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 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 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.
Damages in a truck accident case are generally placed into two categories: economic damages and non-economic damages.
Economic damages encompass the monetary losses you sustained because of the accident. These losses often include but are not limited to:
Non-economic damages encompass the physical or mental losses you sustained from the accident. These losses often include but are not limited to:
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.
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:
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.