Truck accidents often cause more serious injuries, given that these giant, heavy vehicles can cause such severe damage when they crash into a regular car or SUV. If you or a loved one was hurt, you need lawyers who can go after trucking companies and insurance companies to recover maximum compensation for you.
Our lawyers understand the expenses you face because of your crash, and our goal is to get them all compensated. On top of that, your pain and suffering deserves justice, expanding the damages you can claim. We are not afraid to go up against big insurance companies and transportation companies if it means helping you move forward after your crash.
For a free review of your accident case, call the experienced truck accident lawyers at Schoenfeld Law Firm at (337) 674-2099.
Determining Liability in Truck Accident Cases
Truck accidents often involve many things that could play a role in causing the crash:
- Improper driver training could be the trucking company’s fault
- Cargo stability issues could be the company that loaded the truck’s fault
- Violations of Louisiana and federal regulations could help prove liability
- Mechanical malfunction could be the trucking company’s fault if they have an in-house maintenance team
- Road and weather conditions could make it harder to prove anyone was at fault
Frequently, it is necessary to hire an expert to either recreate the accident scene or to inspect the 18-wheeler to confirm any defects that may have contributed to the accident. However, coordinating these efforts to prove liability can be confusing, overwhelming, and expensive, but they are things that our truck accident lawyers can look into as part of building your case.
Elements of Fault
To actually prove that a party is at fault in court, there are four elements to look for:
- A legal duty, which can be supplied by traffic laws and trucking regulations, or basic safe-driving principles
- A breach of that legal duty, often caused by inattention, carelessness, or insufficient skill
- Causation – i.e., that the breach is what caused the crash
- Damages, including personal injuries and their associated costs.
Truck accidents are commonly caused by everyday issues behind the wheel, like speeding, tailgating, texting while driving, tired driving, and drunk driving. However, some of the factors discussed above are also specific to truck accident cases, like improper loading leading to fishtailing or violations of hours of service rules causing tired driving.
Is the Trucking Company or Driver Liable?
Note that some of these issues we have discussed would point to the driver being at fault, while others point to the trucking company. This is because we can often go after both parties as defendants.
Driver Liability
The driver is personally responsible for what they do behind the wheel, meaning they could be a defendant in the case. However, truck drivers are unlikely to be able to afford your damages.
Vicarious Liability
Instead, we can hold their employer liable in their place if the driver was an employee and caused the crash while working.
Trucking Company Liability
However, the trucking company might also be liable in its own right. For example, if its mechanics made the truck unsafe or its managers pushed the driver to violate hours of service rules and drive tired, the crash could be their direct fault.
Who Can Pay?
Ultimately, our goal is to get damages from the party best able to pay: the trucking company. This is the only way we can recover damages in many cases. However, some truckers work as self-employed owner-operators or independent contractors. The case usually stops with them, but then their insurance can cover their crashes and pay your damages.
The Statute of Limitations for Truck Accident Injury Claims in Lafayette
Since the statute of limitations in Louisiana for auto and truck accidents is one year from the date of the accident, be sure to connect with us soon! The sooner we get started, the easier it is to have a successful outcome in your case.
What to Do After a Truck Accident
Immediately after your crash, take the following steps:
Call 911
You always need to report accidents involving injuries, and calling 911 is the best way to do this. This will send out an officer to deal with any unruly drivers, cite any violations, and write up a report.
This will also get an ambulance out to you.
Get Medical Attention
If the EMTs can treat you at the scene and send you home, that is great. If you need to, go with them to the hospital and get any additional medical care you need.
Always follow up with all medical care to avoid making your injuries worse or making it seem like they were not that bad.
Our lawyers can later collect medical records and doctors’ reports about your injuries to use as evidence in your case.
Collect Evidence
If there is other evidence you can collect at the scene, do so. Take photos, get the driver’s contact and insurance info, get the trucker’s employer info, and write down any other details about the accident (lighting, weather, what was in their truck, etc.).
Call a Lawyer
As mentioned, you have a quick deadline for your case, so you need to call us as soon as you can. We can also seek out other evidence that might be lost, destroyed, or forgotten if you delay. For example, we can send experts to look at the vehicle damage before it is repaired, we can seek security camera footage from the area of the accident, and we can get statements from witnesses to see what they might be able to testify about later.
Damages for a Trucking Accident
Your case usually involves two major categories of damages: economic damages and non-economic damages.
The economic damages you can claim will pay you back for expenses you faced, like medical bills, vehicle repair costs, and lost earnings. They can also pay for expenses going into the future, like future lost earnings.
Non-economic damages cover your pain and suffering, your mental anguish, your emotional distress, and other intangible effects. If you cannot perform activities you loved, if activities of daily living are difficult, and if your injury still causes you pain, then these damages could be a major part of your case.
Can I Settle My Claim?
Settling your case may ultimately be the best way to get your damages paid – and it is usually faster than going to trial. But you should never settle your case without reviewing your claim with your lawyers first.
Never talk to insurance companies on your own, never sign anything the defense sends you, and never accept any money from them. If you do, you might sign away your rights or accidentally settle your case, meaning you cannot reopen it later.
Always review anything with us and let us handle negotiations with the insurance company so they cannot take advantage of you with tempting offers that are too low for your needs.
A Voice for Victims
At Schoenfeld Law Firm, successfully handling your injury claim is our priority, which is why we provide aggressive, client-focused advocacy throughout the entire legal process. We not only assist our clients with getting their vehicles repaired after the accident, but also arrange for our clients to be treated for their injuries without delay.
As a local business, we take pride in incorporating a hands-on approach in handling our cases for our clients. We maintain direct contact with our clients and update them frequently on our progress. We have the experience of fighting large insurance companies and businesses in court and know how to handle all types of injury cases, both big and small.
Call Our Lafayette Truck Accident Lawyers Right Away
To get started on your case with a free case review, call the truck accident lawyers at Schoenfeld Law Firm at (337) 674-2099.
