Who is Liable for My Truck Accident in Louisiana?

If you were involved in a truck crash in LA, it’s common to wonder, “Who is liable for my truck accident in Louisiana?” This is because you could be dealing with major injuries, property damage, and worse. On top of that, you might be facing months, years, or even a lifetime of physical and mental problems. 

If you weren’t at fault for the wreck, you may deserve compensation. This will help pay for your medical bills, and make up for lost wages and other costs your injury has incurred.

However, in order to collect compensation, you must first prove truck accident liability. Truck accident liability refers to the party in an accident who is responsible for the accident. With that in mind, a Louisiana truck accident lawyer can help answer any questions or concerns you may have.

You can also find more info on the question, “Who is liable for my truck accident in Louisiana?” by reading along. 

Minimum Truck Accident Liability Requirements

First things first, under federal law, all truck drivers must carry minimum truck accident liability coverage in case of an accident:

• For trucks weighing less than 10,000 pounds carrying non-hazardous cargo, the minimum requirement is $300,000 of liability insurance
• Trucks weighing over 10,000 pounds (the majority do) are required to have at least $750,000 of insurance coverage
• If the truck is carrying hazardous cargo, that amount could be as high as $5 million

What Causes Truck Accidents?

When it comes to truck accident liability, it’s important to know what causes truck accidents. Like any traffic accident, truck accidents can be caused by a number of factors. However, some causes are more common than others, like:

• Broken trucking industry regulations: trucking companies are required to keep detailed logs and records of each drive. These logs can help determine whether the driver was following federal requirements for rest periods and other procedures. If not, they could be liable.
• Improper truck maintenance: If the truck driver or their employer failed to properly maintain the truck, an accident can happen. In this case, one or both of those parties could be held responsible.
• Failure to obey traffic laws: A truck driver can be found liable for an accident if they were speeding, driving carelessly or distracted, or disobeying posted signs.
• Road unfamiliarity: New truck drivers, or drivers who’ve just been assigned new routes, may be unfamiliar with the roads they’re driving. In fact, studies have shown that unfamiliarity is a factor in 22% of all truck accidents.
• Unpredictable weather: Especially in Louisiana, the weather can change on a dime. A sudden downpour or strong winds can cause even the most seasoned truckers to lose control of their vehicle.

Truck Accident Liability: Proving Negligence

In order to get compensation for your injuries, you must prove that the other party acted negligently. This means that you or your accident injury lawyer must prove the following:

• The trucking company, driver, or other party owed a reasonable duty of care to you
• That party failed to meet that duty
• The accident was a direct result of their neglect
• You sustained injuries or other damages from that accident

Depending on the case, proving these four facts can be difficult. That’s why it’s imperative to hire an experienced Louisiana truck accident lawyer as soon as possible after your accident.

Louisiana Is A Pure Comparative Liability State: What That Means

When asking the question, “Who is liable for my truck accident in Louisiana?” it’s important to remember that Louisiana is a pure comparative liability state. In other words, more than one party can be found liable for the wreck and your injuries through pure comparative liability.

Furthermore, each liable party is responsible for its share of the damages. So if the truck driver is found to be 25% liable, they would be responsible for 25% of the damages awarded. Under this system, the victim of the trucking accident can also be found partially liable.

What Damages Can I Recover After My Louisiana Truck Accident?

After a trucking accident, you may experience immediate and long-term damages to your physical and mental health. An experienced truck accident injury lawyer can help you collect the following compensation for your injuries:

• Property damage
• Pain and suffering
• Medical costs and hospital bills
• Lost wages and lost earning potential
• Loss of consortium
• and more

Keep in mind, the damages you’re able to recover depend on your truck accident liability case.

The Importance of an Experienced Louisiana Truck Injury Lawyer

If life unfortunately leads you to ask, “Who is liable for my truck accident in Louisiana?”, you need an experienced lawyer on your side. The truck accident lawyers at Gordon McKernan Injury Attorneys have over 679+ years of combined legal experience. In other words, we know a lot about truck accident liability.

Give us a call at 888.501.7888 for a FREE consultation about your truck accident liability case. We won’t charge you a dime until we win, it’s our G Guarantee.