Truck accident injury lawsuits and settlements exist to hold the parties responsible for your truck accident injuries accountable for their negligence. Often, people who make claims don’t need to go to court. Instead, they can talk to the people responsible and their insurance. By doing so, an agreement can be reached and you can get the compensation you need.
However, if negotiations fail—or if the other party denies liability whatsoever—you may need to file a lawsuit against them to recover compensation. In those cases, you’ll need an experienced truck accident lawyer from Gordon McKernan Injury Attorneys to argue on your behalf in court.
What is a Truck Accident Lawsuit?
A truck accident lawsuit is a way for people who have been hurt in a truck crash to ask for fair payment for what they’ve suffered.
When seeking compensation after a truck accident, you may need to submit an injury demand letter. It will need to describe the extent of your losses, the impact your injuries have had on your life, and your willingness to file a lawsuit if your needs are not met. An injury demand letter should also include a list of incurred damages. This will let the insurance company know what you consider a fair settlement offer.
For many victims, the insurance company agrees to the offer in their demand letter and the process ends there. However, some insurance companies are more concerned about their bottom line than about victims’ welfare and will deny your claim. If that’s the case, or if they offer a settlement that fails to cover your expenses, you may have to take the case to court.
Louisiana Injury Claim Process: What You Need to Know
Regardless of whether your case goes to court or not, the following are important steps to any injury claim process. We can help you with each of the following:
- Gathering evidence that identifies the liable party for your crash and injuries, and that proves their negligence.
- Investigating the cause of your truck accident to better understand how your injuries occurred.
- Filing an injury demand letter and working toward a settlement with the defendant
- Negotiating with the other party’s insurance provider to reach a fair settlement.
Some cases only take a few days to resolve, but others can take weeks or even months. Under Louisiana law, you have one year from the date of injury to file a lawsuit against a negligent party. So it’s vital to talk to a Louisiana truck wreck lawyer as soon as possible so we can start the process of negotiating a fair settlement or filing a lawsuit if negotiations fall through.
Types of Claims in a Truck Accident Lawsuit
In a truck accident lawsuit, various types of claims can be made against different parties involved in the operation, maintenance, and oversight of the truck. These claims can be based on different legal theories, including negligence and strict liability.
- Truck Driver: Claims against the truck driver typically focus on their actions or inactions leading up to the accident. These claims may involve allegations of speeding, reckless driving, driving under the influence, distracted driving, or failure to follow traffic rules. If the driver’s behavior contributed to the accident, they may be held liable for the damages caused.
- Trucking Company: Claims against the trucking company can arise from various factors. Claims may include inadequate training of drivers, improper supervision, and unrealistic delivery schedules that encourage speeding or fatigue. It also includes improper maintenance practices, or violations of federal trucking regulations. If the company’s policies or actions contributed to the accident, they could be held liable under theories of negligence or vicarious liability.
- Truck Manufacturer: Claims against the truck manufacturer can stem from defects in the design, manufacturing, or assembly of the truck. If a mechanical failure or defect in the truck contributed to the accident, victims might file a product liability claim against the manufacturer. Alleging negligence, strict liability, or breach of warranty.
- Truck Maintenance Company: Claims against the maintenance company can arise if improper maintenance, repairs, or inspections were conducted on the truck. If faulty maintenance leads to an accident, the maintenance company could be held liable for negligence.
- Cargo Loader: Claims against the cargo loader involve situations where improperly loaded or secured cargo leads to accidents, such as cargo spills or shifting loads that cause the truck to lose control. The cargo loader could be held liable for negligence if their actions or omissions contributed to the accident.
- Government Agency: Claims against government agencies responsible for road construction or maintenance focus on issues such as poorly designed roads, inadequate signage, lack of maintenance, or failure to address hazardous road conditions. To hold a government agency liable, the plaintiff usually needs to prove negligence and show that the agency knew or should have known about the hazardous condition but failed to address it.
Factors Determining Liability:
- Negligence: Negligence is a common legal theory in truck accident claims. To prove negligence, the plaintiff must demonstrate that the defendant had a duty of care, breached that duty, and that breach directly caused the accident and resulting damages. Negligence claims often involve showing that the defendant’s actions or failures to act fell below the standard of care expected in the given situation.
- Strict Liability: Strict liability is a legal doctrine that holds a party responsible for the harm caused by their actions or products, regardless of fault or intent. In the context of a truck accident, strict liability might apply in cases involving defective truck components or improperly secured cargo. Plaintiffs generally need to prove that the defect or dangerous condition existed and directly caused the accident.
Louisiana Commercial Trucks and Regulations
Understanding the regulations governing the trucking industry, both at the federal and state levels can significantly assist you in pursuing a truck accident claim.
Federal Regulations:
The Federal Motor Carrier Safety Administration (FMCSA) is a branch of the U.S. Department of Transportation that oversees and enforces federal regulations for commercial trucks operating in interstate commerce. Some of the important federal regulations include:
- Hours of Service (HOS) Rules: These rules dictate the maximum amount of time a commercial truck driver can spend behind the wheel without a break. They are designed to prevent driver fatigue and ensure road safety.
- Commercial Driver’s License (CDL) Requirements: Federal regulations set the standards for obtaining a CDL, which is required to operate commercial vehicles. These standards encompass knowledge, skills, medical qualifications, and endorsements for specialized vehicles.
- Electronic Logging Devices (ELDs): ELDs are mandated for tracking and recording a driver’s hours of service electronically. This helps enforce HOS regulations accurately and reduces the potential for falsification of records.
- Vehicle Maintenance: Regulations stipulate regular inspection, maintenance, and repair of commercial vehicles to ensure they are safe for operation.
- Weight Limits: Federal weight limits for commercial trucks help prevent excessive wear and tear on roads and bridges.
- Drug and Alcohol Testing: FMCSA mandates drug and alcohol testing for commercial drivers to maintain a safe operating environment.
State Trucking Laws:
On top of federal regulations, each state has its own set of trucking laws that apply to trucks operating only within the state’s boundaries. These laws may vary from state to state and can cover areas such as vehicle registration, insurance, safety inspections, and more.
Responsibilities of Trucking Companies:
Trucking companies play a pivotal role in ensuring compliance with federal and state regulations. They are responsible for:
- Driver Training and Qualifications: Companies are responsible for ensuring their drivers meet the necessary qualifications and training standards set by federal and state regulations.
- Vehicle Maintenance: Regular inspections, maintenance, and repairs of the fleet to meet safety standards are the company’s responsibility.
- Record Keeping: Accurate record-keeping of drivers’ hours, vehicle maintenance, inspections, and other pertinent information is crucial for compliance.
- Safety Management: Developing and implementing safety management programs, including drug and alcohol testing and safety training, falls under the purview of trucking companies.
- HOS Compliance: Companies must monitor and ensure that their drivers adhere to HOS rules and use ELDs correctly.
Responsibilities of Truck Drivers:
Truck drivers also have significant responsibilities to ensure road safety and regulatory compliance:
- HOS Compliance: Drivers must follow the hours of service regulations and accurately record their driving and rest periods.
- Safe Driving Practices: Drivers must operate vehicles safely, adhere to speed limits, and follow traffic laws.
- Vehicle Inspections: Regular pre-trip and post-trip inspections are necessary to identify and report any maintenance issues promptly.
- Documentation: Drivers are responsible for maintaining accurate records, such as inspection reports, bills of lading, and other required paperwork.
Negligence and Proving Fault in a Truck Accident Claim
If insurance refuses to meet your demands, you’ll need to file a personal injury lawsuit against the truck driver, trucking company, or other liable parties. Before the case begins, all parties will engage in a phase known as discovery, where they review the details of the case and collect evidence, as well as exchange details.
If it’s determined that your lawsuit holds merit, the case will go to trial. The following points will need to be proven in order to prove the other party’s liability and win your case:
- The driver or trucking company had a duty of care to your safety.
- The driver or trucking company breached that duty through negligence.
- You were injured as a direct result of that negligence.
- Your injuries caused damage.
If you and your truck accident attorney successfully argue your case in court, the negligent parties will be required to pay a certain amount of court-ordered economic and non-economic damages to you. This amount can vary depending on your injuries and the specifics of your case.
Furthermore, personal injury attorneys typically work on a contingency fee basis. This means they’ll be paid an agreed-upon percentage of the winnings from your lawsuit as payment for their legal services.
Compensation You Can Seek After a Truck Accident
After a truck accident, the compensation you can receive depends on the damages and losses you’ve experienced. These can include:
- Medical Expenses: Compensation can cover medical bills, hospital stays, surgeries, rehabilitation, medications, and ongoing medical treatments related to your injuries.
- Property Damage: If your vehicle or personal property was damaged in the accident, you can be compensated for repair or replacement costs.
- Lost Wages: If your injuries led to missed workdays or a reduced ability to work, you can seek compensation for the wages you would have earned during that time.
- Future Earnings: If your injuries have long-term effects that impact your earning capacity, you may receive compensation for the potential income you could have earned in the future.
- Pain and Suffering: This compensation accounts for physical pain, emotional distress, and the overall suffering caused by the accident and your injuries.
- Emotional Distress: If the accident caused psychological trauma, anxiety, depression, or other emotional struggles.
- Loss of Enjoyment: If the accident resulted in a diminished quality of life, you may be eligible for compensation to address the loss of enjoyment of activities you used to participate in.
- Loss of Consortium: In cases where the accident has affected your relationship with a spouse or family member, they might be able to seek compensation for the loss of companionship or support.
- Punitive Damages: In extreme cases where the responsible party’s actions were exceptionally reckless or intentional, punitive damages might be awarded to punish and deter such behavior.
- Medical Monitoring: If the accident exposed you to hazardous substances that could lead to future health issues, compensation might cover ongoing medical monitoring.
- Funeral and Burial Costs: If a loved one lost their life in the accident, compensation can cover funeral expenses and other costs related to their passing.
Caution: The compensation you receive depends on the specifics of your case, the extent of your injuries, the impact on your life, and the liability of the parties involved. Working with an experienced attorney can help ensure you pursue the full scope of compensation you’re entitled to.
Contact Us Today to Learn, How Do Truck Accident Lawsuits Work?
Entering into a lawsuit against a trucking company can be stressful. They have the experience and resources to avoid paying you the compensation you owe. However, the truck accident injury lawyers at our law firm do too!
We have over 679+ years of combined legal experience, so we know what it takes to win. Give us a call at 225.888.8888 for a free legal consultation about your case. We’ll help you recover the compensation you deserve to heal from your injuries and move on with your life.
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