Commercial trucks are known for carrying large loads, which can sometimes be unbalanced, increasing the risk of accidents, injuries, and even the loss of life.
Even though commercial truck drivers are mandated to have certain types training, a required number of hours on the road, and a professional license, accidents still happen when drivers or their employers are negligent. Some truck drivers fail to perform necessary vehicle safety inspections or drive more than they are allowed to in a 24-hour period.
An experienced truck accident attorney can review the circumstances of your accident to determine if you may be owed compensation.
The National Highway Traffic Safety Administration (NHTSA) reports that there were 494,000 reported crashes involving large trucks in 2021, the most recent year with available data. Of these, over 5,100 had fatalities and 110,000 reported injuries of some kind.
More than half of truck crashes in this time period occurred in rural areas and more than a quarter took place on interstate highways. More than one-third of truck crashes also occurred between 6:00 pm and 6:00 am.
Over 80 percent of crashes happened during the weekday, and rollovers accounted for four percent of fatal truck crashes and two percent of those that were non-fatal.
Finally, there were 15.51 deadly truck collisions per one million people in 2021, representing at 46 percent increase from 2010. So unfortunately, the problem does not seem to be getting any better.
The state law that places a deadline on prospective plaintiffs to file a lawsuit is known as the statute of limitations. These deadlines differ between states and can depend on what type of case is being filed. Most auto accident cases in Louisiana were to be filed within one year from the date of the accident, as detailed in Louisiana Civil Code Article 3492. However, by actions taken at the 2024 Louisiana legislative session, this Civil Code article will be repealed and replaced by Louisiana Civil Code Article 3493.11, with an effective date of July 1, 2024. This change in law shall be given prospective application only expanding the time limitation to two years.
Since this time limit is stricter presently than most other states, it is imperative that victims of commercial trucking accidents contact a professional as soon as possible and not waste any time in starting legal action.
After the one-year deadline has passed under this soon-to-be-repealed law, any attempt to file suit will result in a dismissal. An argument could be made that the shorter statute of limitations helped ensure that lawsuits were based on recent evidence and information, and protected prospective defendants from facing legal action from events that happened years ago. On the other hand, the expansion to two years will be beneficial to the injured party.
Commercial trucking accidents are unfortunately common and many of them do result in serious injury or a fatality.
Our job is to provide you with skilled legal representation with the goal of obtaining a fair settlement on your behalf. When you hire Kopfler & Hermann, we take care of the legwork and legal wrangling while you focus on rest and getting better. Please schedule a free consultation to discuss your potential lawsuit after a truck crash.
