Louisiana Truck Accident Lawyer
Collisions between commercial trucks and passenger cars can result in catastrophic injuries. The sheer size and weight of these large vehicles place immense forces against the bodies of people in other cars. While commercial truck drivers are required by law to obtain special operators’ licenses, they are still subject to the same responsibilities to drive in a safe manner as all other motorists.
In some situations, even the drivers’ employers may be responsible in case of an accident. Louisiana truck accident lawyers work with individuals to fight for their right to be fairly compensated for their injuries in cases of commercial driver negligence. It may be critical to speak with an experienced personal injury attorney as soon as possible.
Truck Accident Laws in Louisiana
The vast majority of collisions between commercial trucks and other drivers are accidents. Because of this, the injured people cannot claim that they were intentionally harmed. The law allows people who are injured in accidents to claim that the defendant was negligent. Negligence is when a person has a responsibility to care for the well-being of another person.
When this responsibility is violated, Louisiana truck accident attorneys know that the defendant is responsible for any harm that results.
There are five portions, or elements, of a negligence claim:
- Duty – This is the legal requirement that some people have to protect certain people. Duty is never assumed but is created by choices that we make. One of these choices is the decision to drive a vehicle. In this way, truck drivers always have a duty to protect other drivers, passengers, and pedestrians. Therefore, truck accident cases will never be in dispute over the question of duty.
- Breach – This is when the person with the duty acts in a way that places protected people in danger. In many truck accident cases, this occurs when the trucker violates a rule of the road. Actions such as speeding or ignoring a stop sign are all evidence that the trucker was negligent.
- Cause – Plaintiffs need to demonstrate that the breach of duty was the cause of their injuries. If for example, a person suffered a neck sprain in an accident, they will need medical evidence showing that the collision caused the injury.
- Scope – Here, the plaintiff must show that the injuries could reasonably have occurred based on the facts of the case. In truck accident cases, this is almost a given as large vehicles colliding can certainly cause significant injuries.
- Damages – The plaintiff must have physical injuries that are documented by medical evidence. Other damages, such as lost time at work, may be added to the claim, but are insufficient to stand on their own.
Statute of Limitations for Truck Accidents
There is a limited time to file a claim. In Louisiana Civil Code 3492, the law states that a claim alleging personal injury must be filed in court within one year of the incident. This is a very short period and insurance companies are well aware of the restraints that this places on plaintiffs. For this reason, it is extremely important to start a claim as soon as possible. A Louisiana truck wreck attorney could work with an individual to ensure that they do not miss any legal deadlines when filing their case.
Speak with a Louisiana Truck Accident Attorney About Your Case
In many cases involving truck accidents, the facts are not generally in dispute. Police departments do an excellent job in responding to and evaluating blame in accidents. However, insurance companies may take advantage of unrepresented plaintiffs who are eager for a quick settlement or who are unaware of what their claims may be worth.
Louisiana truck accident lawyers work to educate individuals as to the true value of their claims and to fight for the full compensation that they deserve. Many claims settle without the need for a court case. If the case does need to go to trial, skilled litigators are ready to stand by your side every step of the way. Call today to get started.