Commercial truck accidents can leave those involved with high medical costs, lost income, significant property damage, and even result in the loss of loved ones. When you are not at fault for the collision, you can recover the cost of all of these losses. When you work with a New Orleans truck accident lawyer after a collision, you are more likely to get the maximum compensation available in your situation.
The effects of a truck accident can be devastating, and negotiating with insurance providers is often the last thing you want to do. An attorney can handle this for you. You deserve compensation when another party is to blame for your injuries and losses, and the right attorney can help you find that justice.
Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.: Trucking Accident Attorneys
The costs of a trucking accident can be overwhelming, but you can recover these losses with the help of the right attorney. At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we have worked for decades to help our clients overcome the odds. With over seven decades of experience, primarily in personal injury law, we have the resources, knowledge, and practical experience you need to secure the ideal outcome in your case.
A personal injury from a truck accident can leave you feeling frustrated, vulnerable, and in pain. Filing a claim against the at-fault party can provide you with more financial stability and even benefit you emotionally. You can hold the at-fault party accountable and give yourself the time you need to recover. This process is more manageable with the support of our legal team, and we treat you with the care and compassion that you deserve.
Truck accident claims are uniquely complex, and our team has significant experience with complex personal injury cases in New Orleans and communities around Louisiana. Our attorneys believe in providing an individualized approach to create the strongest case possible.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
Who Is Liable in My Truck Accident?
The liable party in a truck accident depends on numerous factors, and every collision is unique. It is important to determine liability because that is the party that is then responsible for the costs of the other parties involved in the accident.
In a trucking crash, the liable party is generally the one who acted negligently. Negligence does not require the at-fault party to have acted intentionally; instead, the party acted in a way that did not uphold their duty of care to others on the road, and this failure caused or contributed to the crash. This negligent action could include failing to use a turn signal, being distracted while driving, or not stopping at a stop sign.
Another party could also be liable based on misconduct or even malice. A driver who breaks the law by driving under the influence may be held liable if their misconduct led to the accident.
Trucking accidents have complicated liability determinations. These collisions are more likely to have multiple at-fault parties and may involve fault of a third party not present at the accident. Potential at-fault parties in a commercial collision could include:
- Trucking company
- Truck driver
- Truck driver’s employer
- Truck or truck component manufacturer
- Owner of the truck trailer or cab
- Truck maintenance and repair company
- Shipping or loading company
- Owner of the truck’s cargo
- Other drivers on the road
- Governmental agency
The numerous parties potentially liable for a truck accident is one element that makes these claims more complicated than other types of car accidents. Determining the person or entity that should be held liable for the collision requires an in-depth investigation. Trucking accident attorneys have the resources and experience needed to navigate this process.
The Common Causes of Trucking Collisions
To determine the party liable for the accident, it’s crucial to determine the cause of the accident. This can point to the at-fault party and is also a crucial element in proving that the party is liable for the crash.
Trucking accidents are often caused by driver error. This may be errors by truck drivers or passenger vehicle drivers. While many truck drivers are aware of the care and responsibility of driving a vehicle that has the potential to cause so much harm, unfortunately, not all drivers uphold this responsibility. Some drivers are careless and negligent, and their actions can cause accidents.
Common driver errors include:
- Distracted Driving: Drivers are distracted if they are not looking at the road or are not focused on their driving. Many things can cause drivers to be distracted, including phones, GPS systems, food and drink, radios, and passengers. A driver’s distraction can cause them to veer, not move with traffic, or fail to break for obstructions or vehicles on the road.
- Speeding: Driving over the speed limit makes an accident more likely and can increase the damages of collision. This is especially true when truck drivers speed because commercial vehicles require more time and space to slow or break.
Drivers can also be liable for driving the speed limit but in dangerous conditions. Drivers have the responsibility to reduce their speed if conditions are unsafe, and failing to do so can lead to an accident.
- Not Following Traffic Laws: Drivers can fail to follow the rules of the road by not yielding right-of-way, failing to signal, not obeying lights and signs, and other negligent actions. When these actions cause an accident, the driver can be liable.
- Fatigued Driving: Driving tired is incredibly dangerous. It limits a driver’s focus and can prevent them from reacting quickly. Regulations are meant to keep trucking drivers from driving fatigued by mandating sleep and rest breaks. If a truck driver ignores these requirements and causes an accident because they are fatigued, they can be liable.
- Driving Under the Influence: A driver that is influenced by drugs or alcohol has limited reaction speed and is a danger to others on the road. When a driver causes an accident while under the influence, they face civil liability as well as criminal charges.
- Unmaintained Vehicles: The owners of vehicles are responsible for their car’s maintenance. If an unsafe vehicle is on the road and it breaks down and causes an accident, and the driver knew or should have known that it needed repairs, they may be liable for damages.
Trucking accidents can also be partially or fully caused by the negligence of other parties. These third-party causes of accidents could include:
- Drivers Encouraged to Break Federal Regulation: Trucking companies or truck driver employers may encourage or incentivize truck drivers to ignore their break and rest requirements to meet deadlines and increase profit. These entities may also create delivery schedules that are impossible to meet without breaking those guidelines. These actions can make trucking companies or employers liable for an accident caused by driver fatigue.
- Untrained Truck Drivers: Truck driver employers or trucking companies are responsible for ensuring their drivers are vetted and trained properly for the job. If truck drivers cause an accident because they were not adequately trained, the employer or company could be liable. If a company or employer hires someone with a history of driving under the influence who then drives a commercial vehicle under the influence, the company or employer can be liable for this negligence.
- Unmaintained Vehicles: It is also regulation for commercial trucks to have frequent maintenance. Commercial vehicles see much more wear than most other vehicles, so they need more care to be safe on the road. If a trucking company or truck owner fails to have this maintenance done, they can be liable if the truck breaks down and causes an accident. If maintenance was done but done poorly, the company responsible for completing that maintenance could be liable.
- Improperly Loaded Cargo: When a commercial vehicle’s cargo is not loaded properly, such as being off balance or not being secure, this can cause an accident. A truck could roll over if cargo is imbalanced or if it comes loose during travel. A truck could also jackknife due to improperly loaded cargo, meaning the trailer of the truck swings forward in front of the cab. These events can cause serious accidents, and the shipping or loading company could be liable for the damages they cause.
- Overloaded Cargo: Weight limits are required for different types of commercial vehicles. Overloading this capacity can cause failure of truck parts like the tires, breaks, or suspension. The shipping or loading company may be liable.
- Defective Vehicle Component: Failure of vehicle parts can also be the fault of an unreasonably unsafe product. A manufacturer or design defect of a car component could cause an accident, and the manufacturer, designer, or distributor can be held liable for damages.
- Poor Road Conditions: Unsafe road conditions can cause collisions even when drivers are reasonably safe for the conditions. If these unsafe conditions include hazards like potholes, poor drainage, cracks, unclear or missing road signs, or unsafe road design, the governmental agency responsible for the design or upkeep of the road could be liable.
There are many federal regulations that must be followed to make trucks on the road as safe as possible. When these regulations are not followed, it can endanger everyone on the road. An investigation is crucial to determine if broken regulations caused an accident.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
Investigating and reviewing actions for failure to follow regulations is one aspect that makes truck accidents more complex to get compensation for. An experienced attorney is incredibly beneficial and is experienced in dealing with the insurance companies of commercial trucking companies.
FAQs:
No, Louisiana is not a no-fault truck accident state. All motor vehicle accidents are handled through a fault-based system. After a trucking accident, all injured parties can file insurance claims with the insurer of the party that caused the accident. In some accidents, multiple parties are at fault, and each party is responsible for a portion of the damages.
Insurance providers will investigate the accident in an effort to determine which party was at fault. It can be incredibly helpful to work with an attorney to avoid being blamed for an accident that was not your fault.
The prescriptive period on a truck accident in Louisiana is a deadline that is the cut-off for filing a civil claim. This period is important after an accident because if you miss the deadline, then you are barred from recovering damages through the court system. If you are involved in negotiations with a trucking company’s insurer, you must either reach a settlement or file a civil claim, or else you will be unable to recover compensation. Under Louisiana law, you have two years to bring a claim for injuries you sustained in a truck driving accident. However, if you are bringing a wrongful death claim on behalf of someone who died in a trucking accident, you must bring that claim within one year of the date of the collision.
How much someone can sue for a truck accident in Louisiana is directly related to the damages that individual suffered. Damages include monetary and emotional losses such as lost income, medical bills, vehicle repair or replacement costs, and physical and emotional pain and suffering.
How long an accident affects your insurance in Louisiana depends on the unique insurance provider you have and whether you were at fault for the accident or not. If you were not at fault for the collision, then your insurer cannot raise your rates. If you were at fault, you can expect certain additional costs from your insurance provider. This may last for a long time after an accident, depending on the insurer.
Diligent Legal Representation After a Trucking Accident in New Orleans
The damages in a commercial trucking collision can be devastating. Injured individuals can face life-long pain, disability, and recovery. In the worst cases, injuries are fatal, and surviving loved ones mourn a terrible loss. These losses of a family or an injured individual should be compensated when another party is to blame.
The attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. know how difficult these cases are for families. Our team can help you recover the compensation you need to maintain financial stability after a significant trucking accident. Contact our firm today.
