Most drivers are accustomed to seeing large trucks on the road, but they might not know what to do if one crashes. A truck accident can be severe, and many people suffer serious, if not fatal, injuries. If you were hurt in a truck accident, get a lawyer to help you immediately.
Truck accident lawsuits may be worth considering for financial compensation. Between medical bills, property damage, pain and suffering, and any other damages you experience, your claims may be quite substantial. You may sue the negligent truck driver who caused the accident and their employer, the trucking company. While a single truck driver might not be able to cover all your damages, their employer likely will.
Contact our truck accident attorneys to request a free, confidential case review by calling the Schoenfeld Law Firm at (504) 688-7760.
How Much is Your Truck Accident Lawsuit Worth?
Your accident claims may be worth significant compensation depending on your specific circumstances and claims.
Severity of Injuries
An important factor in your claim for damages is the extent and severity of your injuries. Generally, the more severe your injuries are, the more pain you may endure, and the higher your claim for damages should be.
Truck accidents are known for causing severe injuries. Many victims live with long-term complications, years of medical care, or even permanent disabilities.
Extent of Medical Care
Your medical needs will also play a huge role in your damages. Even if injuries are not especially painful and are expected to heal fully, they may still require extensive treatment. Certain procedures, like surgery, can be very expensive. Long-term care for severe injuries may lead to years of hospital bills, and these costs must be accounted for in your damages.
Your Ability to Work
Can you still go to work after a truck accident? The more time you must take off from work, the more income you may lose, and the more compensation you should claim. If you can never work again or can only work in a significantly reduced capacity, your claims for lost income may be quite substantial.
When Should You Begin a Lawsuit After a Truck Accident?
In Louisiana, a plaintiff filing a personal injury lawsuit, such as a truck accident case, must do so within 2 years of the accident. If you cannot file your case during this time, you may be barred from doing so. Only under very specific, unusual circumstances can a plaintiff extend the statute of limitations. Not knowing the limitation period in advance is not a valid excuse in court.
Who Should You Include in a Truck Accident Lawsuit in Gonzales, LA?
To make sure that you get the compensation you need and deserve, we must be careful to include all possible defendants in your lawsuit. If anyone is mistakenly left out, you might have a harder time recovery damages.
Truck Drivers
We will likely need to include the truck driver in your case, as they are likely directly responsible for the accident. Many accidents stem from ordinary acts of negligence on the road, like speeding, driving while distracted, or fatigued driving. A thorough police investigation may help us determine how the truck driver caused the crash.
Trucking Companies
We should also include the trucking company that hired the truck driver. When an employee negligently causes injuries while in furtherance of their normal job duties, their employer may be held vicariously liable.
Even if the trucking company is not vicariously liable, it may be directly liable. For example, if the truck driver was drunk at the time of the accident, and we have evidence to prove that the trucking company knew the trucker had a history of alcohol abuse and DUIs when they hired them, our truck accident lawyers can argue that the trucking company should be held directly liable for negligent hiring.
Can You Sue for a Truck Accident if You Are Partially Responsible?
In Texas, courts may apply laws of proportionate responsibility if a plaintiff is accused of contributing to the accident. Texas applies a modified comparative negligence rule under which a plaintiff’s damages may be reduced in proportion to their share of fault. However, if the defendant is more than 50% responsible, they are barred from recovering anything.
How Do You Prove Fault for a Truck Accident in Gonzales, LA?
To determine who is responsible for the truck accident, we need as much evidence as possible. Exactly where we find this evidence will depend on your circumstances.
Photos and Videos
A great place to begin looking for evidence is your own photos and videos from the accident scene. Drivers often record videos and photos after an accident, usually for their insurance companies. These recordings may also be entered into evidence in a lawsuit.
Event Data Recorders
Trucks often have event data recorders, also called “black box devices,” that record a range of details about the truck and the trucker’s driving. Data points about the trucker’s speed, how often they hit the brakes, whether they stopped to rest, and crash data may be preserved and reviewed. This data may shed light on exactly how the accident occurred.
Witness Testimony
Other people involved in the accident or who saw it happen may testify in your case. The more witnesses who can support your claims that the truck driver was negligent, the stronger your claims may be.
Trucking Company Business Records
When suing the trucking company, we may need to review the company’s records regarding the truck, the truck driver, maintenance information, and driving protocols required of all drivers. This information may help us understand the trucking company’s role in the accident.
How Do We Obtain Evidence That the Defendant Controls?
We can access evidence and records controlled by the trucking company and other defendants during the discovery phase of the case, when each side must exchange information and evidence. If a defendant refuses to hand over relevant evidence, they must provide a good reason why or face penalties from the court.
What if You Have Difficulty Finding Evidence After a Truck Accident?
We may review police reports to help us find additional evidence. While the reports themselves are inadmissible as hearsay, they may guide us to admissible evidence that the police found during their investigation.
Truck accidents can be quite serious, and the police will likely launch a thorough investigation to determine what went wrong and whether anyone is criminally responsible.
Call Our Truck Accident Lawyers in Gonzales, LA for Help Today
Contact our truck accident attorneys to request a free, confidential case review by calling the Schoenfeld Law Firm at (504) 688-7760.
