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Negligence in Houma Truck Accident Cases

Whenever someone is involved in a truck collision, it is important that they handle the case as soon as possible. Following the accident, they should take photos, document skid marks, obtain statements from eyewitnesses, and gather other types of evidence relevant to the crash. Other evidence available may include camera footage and computer equipment in the truck. Also, it is essential to obtain the crash report from the investigating officer. Doing so helps with establishing negligence in Houma truck accident cases. A dedicated truck collision attorney has the ability to assist you with assigning negligence and recovering the compensation you deserve following a truck accident.

Pure Comparative Fault

When attempting to assign negligence in Houma truck accident cases, it is important to remember that Louisiana is a pure comparative fault state. This means that all parties who may be at fault can be cast with some percentage of negligence. In some states, if a plaintiff is found to be one percent at fault, then their claim is barred. In Louisiana, if the plaintiff is 10 percent at fault, then they may receive 90 percent of their damages. And if they are 50 percent at fault, then they will recover 50 percent of the damages. Several states do not allow a plaintiff to recover damages if they are found more than 50 percent at fault, however, Louisiana still allows them to do so.

Assigning Liability in a Truck Accident

When first analyzing any crash, one must ask if one of the parties violated the rules of the road like speeding, failing to pay attention, failing to maintain control of the vehicle, or one of the other common causes of truck wrecks. Another factor to consider when assigning negligence in Houma truck accident cases is if the truck driver is a commercial driver who travels through more than one state. If they are, then they are governed by the Federal Motor Carrier Safety Administration, which has certain rules and regulations that a truck driver must follow. In this case, the attorney will investigate to see if the trucking company adequately screened the driver and properly trained them.

The trucking company has a duty to put safe, trained operators on the road, so there may be fault against the trucking company independent of the negligence of their operator. The trucking company is also required to monitor its truck drivers to make sure they take their proper rest. If a truck driver is operating on the road without getting their required rest and taking their mandatory breaks, then the trucking company could also be found liable for the collision.

Unique Aspects of Truck Collision Cases

The most important thing that people should know about negligence in Houma truck accident cases is that with commercial trucking operations, there is an incentive for the driver to be less than truthful about how the crash occurred. This is because violations against the truck driver affect their ability to retain a commercial driver’s license to earn a living. There have been several truck collisions where the truck driver told the state trooper one story, told the first witness on the scene another story, and then told a different story at the time when they gave testimony in a deposition.