Who is liable for your truck accident depends on the individual accident. If the driver was acting negligently, then they might be held liable. If the trucking company pressured the driver to act negligently, then the company might be liable. Other drivers might be liable if they engage in negligent behaviors, like distracted driving. Since Louisiana uses comparative negligence, multiple parties might also be at fault if they all were somewhat to blame for the accident.
Baton Rouge Truck Accident Lawyer
Drug & Alcohol Related Truck Accidents
Truck Driver Negligence
Overloaded/Improperly Secured Load Accidents
Truck Driver Fatigue Accidents
Defective Truck Equipment Accidents
The trucking industry is incredibly important to Louisiana’s economy, but it can be quite dangerous as well. Collisions with large trucks can lead to worse injuries than car accidents, especially if the vehicles are on the interstate going at high speeds. In these instances, you need an experienced Baton Rouge truck accident lawyer who can negotiate with large trucking and insurance companies to recover the damages you deserve.
Baton Rouge Truck Accident Attorney
Information & What to Do
When a semi-tractor trailer or other commercial vehicle causes a car wreck, the consequences are often devastating. Those hit by the commercial vehicle are often killed or suffer catastrophic injuries. According to the Federal Motor Carrier Safety Administration, fatal truck accidents happen nearly 11 times every single day in this country, killing nearly 4,000 people each year.
These statistics only emphasize that you need to be prepared should you ever find yourself in one of these extremely dangerous collisions. Reaction time can be the difference between life and death. Being prepared will give you the ability to react faster and the knowledge of how to deal with the aftermath of such a catastrophic wreck. Read on to educate yourself on what to do if you find yourself the victim of an 18-Wheeler crash.
If I Was Involved In A Truck Accident What Should I Do Next?
Seek Medical Attention
You should go to the emergency room or see your regular doctor as soon as possible. A doctor can check you for injuries and start your treatment.
Do Not Talk with the Insurance Company Agents
The insurance company agents will be very friendly and will seem to be on your side. This is not the case, however. In fact, they are experts at getting injury victims to say things they can use to minimize or deny victims’ compensation. Don’t be a victim twice. Do not say anything or give them a sworn statement of any kind. Talk with a commercial vehicle accident lawyer first.
Talk with a Lawyer
After taking care of your health, make sure you are fully aware of your right for compensation. Sit down with one of our Baton Rouge truck accident lawyers for a free initial consultation to learn more about the options available to you. Maintain good communication with your car wreck lawyer.
Understand your Personal Injury Case
Use our Injury Accident Guide, and, in particular, our do’s and don’ts guideline, to better understand what you should and should not do after an accident.
What Causes Most Truck Accidents
Despite the name, most truck accidents are not accidental at all. They are culminations of preventable mistakes, errors, and lapses in judgment. In most cases, truck companies and their drivers have it in their power to prevent serious roadway accidents. They fail when they do not maintain a safe fleet, drive distracted, or drive drowsy. In other situations, third parties like roadway maintenance crews and manufacturing companies contribute to wrecks. Common causes of truck accidents include:
Driver Error
Improper driving techniques, following too closely, texting and driving, drunk driving, driving longer than the law allows, and carelessness all greatly contribute to the number of truck accidents on Louisiana roads each year.
This applies to both drivers of cars as well as large trucks. Distracted driving can be more dangerous when done by a truck driver because they need more reaction time to stop or slow down, but it can also impact other vehicles on the road. If a car is not following proper safety procedures due to distracted driving, a truck might not be able to accommodate it, resulting in a collision.
Part Failure
Big trucks operate using different systems than smaller vehicles. They require special care and maintenance. Truck company negligence can lead to trucks that break down, experience tire blowouts, or have dangerous brake failures.
Dangerous Roadway Conditions
Potholes, debris in the road, unmarked construction zones, malfunctioning traffic lights, and other dangerous road conditions can make a truck driver lose control of the vehicle and cause an accident. The city might be liable for crashes relating to road defects.
“I opened Murphy Law Firm, LLC in Baton Rouge because I wanted to help injured Louisiana clients get the compensation they truly deserve after suffering personal injuries or wrongful death of those they love. I have a family too, so I understand how important it is to you to not lose your ability to provide for your family even if you are seriously hurt and can no longer work. Let me help you make sure to get the full and fair amount for your injuries. Call me.”
Attorney Peyton Murphy
Truck accidents differ from car accidents in that the stakes are higher. The insurance companies have more to lose, and the litigation is much more aggressive.
Nobody should suffer in silence after a collision with a big rig. Stand up for your rights with help from a personal injury lawyer. The odds are high that you can sue the truck company for its actions or those of the driver that caused your crash and take home compensation for your losses. Contact us to schedule a free consultation appointment with one of our Baton Rouge truck accident lawyers.
Does it Matter If the Trucking Company is Out of State?
A large percentage of trucking accidents in Louisiana involve in-state trucking companies. In fact, the Louisiana Motor Transport Association estimates that nearly 5,500 trucking companies operate in our state. However, several out-of-state and foreign trucking companies use our roads as well while transporting goods throughout the Southeast and along the Gulf Coast, including using major interstate routes such as I-12 and I-10. These companies often hail from Texas, Mississippi, Arkansas, Alabama, South Carolina, Georgia and Mexico.
As long as your accident happened in the state of Louisiana, it should not matter that the defendant is an out-of-state business. You can still file a truck accident lawsuit against an out-of-state or foreign defendant in a state or federal court located within our Louisiana. Because the legal complexities are great no matter what kind of accident occurs, it is highly recommended that you consult with an experienced truck accident attorney in Louisiana.
What Types of Compensation Can I Recover in a Truck Accident Lawsuit?
Truck accidents in Louisiana can cause devastating injuries, including traumatic brain injury, spinal cord damage, fractures, and burns. In most cases, the victims are those in the passenger cars involved in the crash. Fair compensation doesn’t only involve medical expenses and pain and suffering. In fact, there are many aspects of your life that will be changed due to a collision like this. You should be compensated for all of them, no matter how it will cost the insurance company.
However, it can be hard to fight to get what you deserve on your own because of how complex the legal process can be. That being said, we highly recommend speaking with an expert truck accident lawyer. Having an experienced Louisiana lawyer on your side, can definitely influence the outcome of your big truck lawsuit.
If you’re in an 18-wheeler collision in Louisiana, be sure to find an expert attorney to fight for you! That is something we promise here at Murphy Law Firm. No matter where you are in Louisiana, whether you’re located in Baton Rouge, Denham Springs, Gonzales, or anywhere else, the expert lawyers at Murphy Law Firm will fight for you!
Like a trailer accident, a truck collision can have devastating consequences. If you’ve sustained injuries in an incident involving a tractor-trailer, Murphy Law Firm will aggressively seek full and fair compensation for you. The damages we seek on your behalf may include:
- Past and future medical expenses
- Past and future lost wages and benefits
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of society and consortium
- Punitive damages
- Wrongful death damages (if you lost a loved one in a crash).
Although many truck accident cases end with settlements, our skilled personal injury lawyers have extensive experience successfully arguing cases before a judge and jury. We will not back down from a fight.
Louisiana Truck Accident Results
“There is no such thing as a ‘fender-bender’ when 40 tons of steel is involved.”
-Attorney Peyton Murphy
- $3,800,000 for a family who lost a husband and father in an 18-wheeler accident in Crowley, Louisiana
- $2,267,879 for a truck driver who suffered serious injuries in a rear-end crash with another truck driver in Pointe Coupee Parish, Louisiana
- $1,800,000 for a family who lost a loved one in a tragic crash with an 18-wheeler
More than 100,000 people are injured every year in truck accidents. According to the trucking industry, truck accident lawyers, and trucking victims, some of the causes for these accidents are driver fatigue, companies not screening for problem drivers, and a government that is slow to force new safety technologies on to American roads.
When an 80,000 lb. tractor-trailer collides with a 4,000 lb. car, it creates a devastating impact. An estimated 5,000 people lose their lives in accidents involving commercial trucking each year in the U.S. Thousands of victims who were fortunate enough to survive these catastrophic accidents experience brain and spinal injuries, and many more go undetected and undiagnosed.
What Makes Truck Accidents Different from Other Accidents?
Simply put: The stakes are much higher when a crash in Louisiana involves a large commercial truck. Trucking companies – and their insurers – have much to lose in a truck accident case. As a result, the litigation can be highly aggressive. For this reason, you should get help from a personal injury attorney who has a deep background in handling these types of accidents.
When you work with Murphy Law Firm, you can count on our legal team to carefully manage every aspect of your case and pursue maximum compensation for you. Meanwhile, you can focus on your health and your recovery. Give us a call or stop by our Baton Rouge law office to schedule a FREE consultation to speak with one of our expert truck wreck attorneys. We promise that we will fight for you and get you the compensation you deserve no matter where you are im Louisiana. We will come to you!
An experienced truck accident lawyer, like those here at Murphy Law Firm, will understand the many unique and complex aspects of an 18-wheeler accident. Those aspects include:
- The need to conduct an immediate investigation in order to preserve and gather important evidence before it gets lost or destroyed
- The involvement of multiple parties who could be liable for your losses including out-of-state and foreign corporations
- Potential violations of state and federal trucking regulations, which could play an important role in establishing liability
- The involvement of many different types of insurance policies, which can lead to complex legal issues
If I was partially at fault, and the truck driver was partially at fault, will it affect my truck accident claim?
Under Louisiana’s comparative fault law, you will not be barred from a financial recovery if you were partially at fault for a collision with an 18-wheeler. However, your recovery would be reduced according to the percentage of fault assigned to you. Contact us if you are in this situation or need help figuring out the legal complexities behind your lawsuit.
For example, let’s say that you suffered $1 million in total damages. If you were 40 percent at fault, your recovery would be reduced by 40 percent. So, the maximum you could receive in a truck accident lawsuit would be $600,000. Because Louisiana is a comparative fault state, insurance companies often try to pin blame on accident victims and minimize their payouts. At Murphy Law Firm, we won’t let insurance companies get away with making you a victim twice. You can count on us to aggressively fight any insurance company efforts to wrongfully assign fault to you.
Laws Control Truck Industry Standards
All drivers owe special duties of care to others on the roadway. When you decide to control a motor vehicle, you accept the responsibility not to negligently or intentionally cause harm to other drivers, bicycle riders, and pedestrians. Truck drivers also have these general duties, but that isn’t where their responsibilities end. As workers in the trucking industry, they are also under the jurisdiction of federal trucking laws.
The Federal Motor Carrier Safety Administration (FMCSA) has enacted a host of rules and regulations to enhance the safety of America’s truckers. These rules include:
- Hours of Service Regulation
- Cargo loading rules and best practices
- Daily Vehicle maintenance and repairs
- Truck Driver Hiring and training requirements
- Electronic data logging device requirements
- Rules for transporting hazardous materials
There are hundreds of federal rules trucking companies, truck drivers, and truck manufacturers must obey to keep operations up to par with industry standards. Any act that falls outside of these standards, resulting in a truck accident, is negligence.
Due to their size and weight, 18-wheelers and other commercial trucks can be extremely dangerous. For this reason, there are strict state and federal laws and highway regulations regarding all sorts of things from how the truck is loaded and what is in the truck to traffic signals and how the driver behaves. If you need help understanding all the truck driving rules, contact a truck wreck lawyer in Louisiana, near Baton Rouge.
These are just some of the types of rules, laws, and regulations that need to be followed carefully by truckers to help avoid collisions:
- Truck Driver Fatigue
- Excessive Speeding
- Record Keeping and Log Books
- Weight Limits and Methods of Securing Loads
- Drug and Alcohol Use
- Failure to Maintain Control or Keep Lookout
- Driving Recklessly
- Failure to Yield or Stop
- Violating Traffic Laws and Traffic Signals
- Leaving the Scene of an Accident
- Lack of Reasonable Care to Keep Proper Distance from the Driver in Front
For the victims of trucking accidents, the time following the car wreck is spent either planning funerals or lying in a hospital bed with their loved ones around them. Naturally, the families are more concerned with the well-being of those they love than investigating a wreck or preserving evidence. While a family grieves and suffers, the insurance company that insures the commercial vehicle is diligently working to protect the trucking company and its driver.
The trucking company or its insurance company immediately begin to implement plans to protect their profits. It is not unusual for the trucking company to have a claims person, an investigator, or even an attorney at the scene of the car wreck. They will often have a public relations person try to spin the news account in favor of the commercial vehicle.
Do not underestimate the damage that the trucking/commercial vehicle company can do within a very short period after the accident. Do not trust or assume the trucking company will treat you fairly. Contact an 18-wheeler accident attorney in Baton Rouge that has been handling truck collisions for decades. Victims of trucking accidents in Louisiana do not have to stand for trucking companies and drivers who break the rules. The experienced truck accident lawyers at Murphy Law Firm can seek justice from negligent parties.
FAQs
What Should I Do at the Scene of a Truck Accident?
At the scene of a truck accident, it is important to move vehicles away from busy roads to prevent additional collisions. After this, contact 911 as soon as possible for medical treatment. While they are on the way, document as much as you can of the accident. This can include photos and videos of the vehicles as well as the contact information and insurance information of all the drivers involved in the accident.
Why Are Truck Accidents So Serious?
Trucks often weigh significantly more than other vehicles on the road, which means that the injuries in a trucking accident are often more severe than in a car accident. Another issue can stem from what the truck is transporting. Sometimes, trucks must carry hazardous or dangerous materials that can injure other drivers if the truck falls over or gets damaged. For more information on your trucking accident case, contact a personal injury attorney.
What Are Some of the Causes of Big Truck Accidents?
Some of the most common causes of big truck accidents involve the driver as well as the vehicle. Although truck drivers are beholden to strict rest breaks, some drivers do not always follow these, leading to fatigue and an increased risk of accidents. Trucks that are not properly maintained or are loaded incorrectly are also more at risk for falling over, making the roads they’re on more dangerous for everyone.
Navigate Complicated Claims
Regulations affecting truck accidents are quite complicated and involve both federal as well as state laws. This means that it is worth speaking to an attorney to get a better understanding of what laws might apply to your case and how to recover damages. For more information and assistance with your truck accident claim, schedule a consultation with Murphy Law Firm today.
Louisiana Truck Accident Laws
Louisiana “No Pay, No Play” Rule
A.
- (1) There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
- (2) For purposes of this Section, the meaning of “bodily injury” and “property damage” is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.
- (3) The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle:
Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.
- Intentionally causes the accident.
- Flees from the scene of the accident.
- At the time of the accident, is in furtherance of the commission of a felony offense under the law.
The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.
B.Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.
C.If the owner of a motor vehicle, who fails to own or maintain compulsory motor vehicle liability security, institutes an action to recover damages in any amount, regardless of whether such owner or operator is at fault, and is awarded an amount equal to or less than the minimum amount of compulsory motor vehicle liability security, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.
D. Each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section. All persons who apply for the issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration shall sign a declaration on a form developed by the Department of Public Safety and Corrections pursuant to rule and regulation that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law. Proof of whether the person obtained or signed such declaration is irrelevant to the application of this Section.
E.Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.
F.
- (1) Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.
- (2) In claims where no suit is filed, the claimant’s insurer shall have all rights to recover any amount paid by the claimant’s insurer on behalf of the insured for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.
G.
- (1) Except for newly acquired vehicles added to a policy subject to the policy terms, the issuance, change, or adjustment of any motor vehicle liability security or insurance policy subsequent to a motor vehicle accident, without proof of coverage having been bound prior to such motor vehicle accident, shall not effectuate any of the following:
- (a) The recovery for injury or damages that are otherwise prohibited under this Section.
- (b) The defeat of any affirmative defense otherwise allowed under this Section.
- (c) The avoidance of liability for court costs otherwise required under this Section.
- (2) Reinstatement provisions of a policy during the premium payment grace period specified in the policy shall not be invalidated by the provisions of this Section.
H. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.
Acts 1997, No. 1476, §4, eff. Sept. 6, 1998; Acts 1999, No. 1085, §1, eff. Jan. 1, 2000; Acts 2003, No. 532, §1; Acts 2008, No. 921, §1, eff. Jan. 1, 2010; Acts 2014, No. 149, §1.
NOTE: See Acts 1997, No. 1476, §5(D)(2). The rate reduction day was the date on which the judgment in the lawsuit became final, May 8, 1998. Sections 2 through 4 became effective 120 days thereafter, Sept. 6, 1998.
Comparative Fault Statute – Article 2323
A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.
C. Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.
Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.
source
**All cases are different, results may vary
© 2024 Murphy Law Firm. All rights reserved.