Truck accidents are often the worst motor vehicle accidents you can face. The giant size and massive weight of garbage trucks, 18-wheelers, and other large trucks can mean that your smaller car is absolutely totaled. Your injuries could be very severe, and your damages could be more than you can handle.
Our attorneys can help you take your case against the driver and their trucking company. Lawsuits against trucking companies and their insurance companies can often pay high-dollar compensation. No matter how hard the case may look, our lawyers can represent you and fight for full compensation to get you and your family back on track.
For a free case evaluation with our truck accident attorneys, call Schoenfeld Law Firm at (504) 688-7760 today.
Do You Sue a Trucking Company or the Driver for a Truck Accident?
When you are injured in a car accident, you would typically sue the driver who hit you. There may be questions of fault, especially in cases involving multiple drivers, but the person behind the wheel is typically at fault.
In trucking accident cases, the driver was working when they caused the accident, which implicates the trucking company. The company might have also done other things they can be directly liable for.
Direct Liability
The driver can be held directly liable. If they were self-employed or an independent contractor, then the case stops with them, as they have no employer to sue. They would be responsible for the crash, and you can get money from their insurance.
However, trucking companies that hire truckers and own the trucks could also be liable for any of the following mistakes:
● Negligent hiring and retention
● Negligent maintenance
● Violating trucking regulations, such as hours of service rules or weight limits
● Equipment violations
● Dangerous instructions or company policies.
You can sue them alongside the driver, and you can sue them directly, even if you also sue them for vicarious liability.
Vicarious Liability
Under Louisiana law, an employer can be held vicariously liable for its employee’s actions. This rule applies whenever an employee causes an accident while exercising the “functions” of their job. That means that truck drivers can be held liable for any truck accidents they cause while driving and on the clock.
This would not apply to the driver if they were driving their truck after hours or for personal errands. Trucking companies may try to cut off their liability under many arguments that tend to fail, but only if you have a truck accident lawyer to properly argue against them in court.
What Damages Can You Claim in a Truck Accident Case?
Truck accident cases usually involve a few major areas of damages:
● Medical expenses can be claimed to pay you back for the full cost of treatment, including hospital stays, medication, rehab, and more.
● Lost wages can be claimed to reimburse you for any lost earnings you face now or into the future because of the injuries.
● Property damage claims can pay for your vehicle repairs or replacement.
● Other economic damages can be claimed for other expenses the accident caused you.
● “Non-economic damages” can be claimed for pain, suffering, emotional distress, mental anguish, and more.
Our attorneys can help you determine the total cost of each of these damages by looking at the evidence and records in your case. We can help you claim many of these against the insurance company, but if they will not settle your case for a fair value, we can claim these damages in court.
When a case goes to court, the jury ultimately decides how much these damages are worth, based on the evidence we present.
Do I Need a Lawyer if I Have Car Insurance?
Your car insurance is typically there to pay for injuries you cause others, not for when you are injured. You may have first-party benefits like Medpay or collision coverage that can help after your crash, but you cannot rely on your insurance company to necessarily get you the damages you need from the other driver’s insurance.
Our attorneys can file a lawsuit, claiming damages against both the insurance company and the trucking company. We will also help you claim damages that could be outside of the norm for insurance carriers to agree to pay, such as punitive damages claimed against dangerous trucking companies.
In addition, our lawyers need to have your best interests in mind, while insurance companies just need to make a good-faith effort to pay claims. Insurance is no substitute for a lawyer.
What Evidence is Needed to Prove Your Case?
We will seek out many different forms of evidence to prove your injury case:
“Hard” Evidence
Sometimes, there are specific items we can bring into court to prove what happened and how bad the accident was. This would include things like your damaged vehicle or the “black box” recorder some trucks have.
Of course, most of these things cannot come into the courtroom, so we may use photos of them instead.
Documentary Evidence
Most other evidence will come in the form of documentary evidence – notes, papers, and other documents that show facts we need to prove. This could include photos and video documenting what happened or what the accident scene looked like. It can also involve medical records stating what your injuries were or pay stubs showing your normal income level.
Eyewitness Testimony
Testimony is also incredibly important for telling the story of what happened in your accident. You and other eyewitnesses can testify on the stand about what you saw, did, and heard. This will show the jury how the accident happened and who was at fault, though you cannot give your opinion on those questions.
Testimony is also how we introduce evidence, by having witnesses introduce the records and evidence so we can put them into the trial record.
Expert Testimony
We can also get expert witnesses who might not have seen the crash itself, but who can apply their knowledge and expertise to help explain facts about the case. For instance, medical experts can testify about your injury and future care needs so we can prove medical expenses and lost earnings. Accident reconstruction experts can also help explain fault by analyzing the photos.
FAQs for Truck Accidents in New Orleans
Who Do I Sue for a Truck Accident?
In most auto accidents, you sue the driver. With truck accidents, you may sue additional parties, too.
The trucker’s employer can be held responsible for maintenance problems, for negligent hiring, and in their role as the trucker’s employer. If another party was at fault, such as a third driver, an auto manufacturer, or the government (for negligent road upkeep), they can also be joined in the lawsuit.
Do I Need a Lawyer?
Yes, you should always have a lawyer on your side. The trucker will get one through their insurance, and their employer might even have strong legal teams set against you.
It can be almost impossible for a case to be fair without your own lawyer. Plus, your lawyers can help you avoid being taken advantage of, show you what your case is really worth, and protect your rights.
What if the Trucker Doesn’t Have Insurance?
Truckers are required to carry auto insurance, but if they don’t have it, their employer might be able to pay instead.
If your insurance policy contains uninsured motorist coverage, that can also help you cover your damages in place of the other driver’s insurance.
How Long Do I Have to Sue?
The statute of limitations in Louisiana is 2 years. This starts running on the day of the accident, so always act quickly to call a lawyer and file your claim.
What Happens if I File too Late?
If your case is filed after the filing deadline, you lose. There is usually no way to revive a case, and insurance has no obligation to pay anymore if you file so late. Because of this, it is vital to call a lawyer early on.
When Should I Call a Lawyer?
You should call early enough to give us time to research and prepare your case before the 2-year filing deadline. However, most cases benefit from you calling as soon as you can after the crash.
Calling us the day of the accident or in the following couple of days allows us to find evidence (like security camera footage) that might be lost if you wait too long. It also allows us to track your expenses and recovery as you go, so we can include the right facts and info in your claim.
Who Determines Fault in a Truck Accident Lawsuit?
You are permitted to use a jury in a truck accident lawsuit. This means those neutral, everyday people decide who was at fault and how much the damages are worth.
The judge decides the case instead of a jury if you opt for a bench trial, but this is usually not recommended. Otherwise, in a jury trial, the judge only decides legal questions, not factual ones.
How Long Does a Truck Accident Case Take?
If the trucking company and their insurance are willing to settle the case, it might be only a few weeks or months before the case is settled, longer if we have to negotiate because their offer is too low.
If we have to take the case to court, it can take upwards of a year.
What Constitutes Fault?
For a party to be found liable, what they did must meet four elements:
● Duty – The defendant owed the victim a legal duty (often based on trucking regulations or simple traffic laws).
● Breach – The defendant breached that duty (e.g., by violating the speed limit or by violating trucking hours of service rules).
● Causation – The defendant’s actions caused the accident.
● Damages – You suffered injuries and damages you can be paid for.
What is the Burden of Proof in a Truck Accident Case?
When you sue a truck driver and trucking company, you have to prove the elements above “by a preponderance of the evidence.” This burden of proof means you need the jury ever so slightly on your side instead of the defendant’s side – i.e., around 51% in your favor.
This is lower than the “beyond a reasonable doubt” standard in criminal cases and is better for plaintiffs/victims.
Can I File a Lawsuit if My Settlement was Too Low?
If you are unhappy with the defense’s offer and have not accepted it yet, our lawyers can negotiate with the insurance company for better damages or even take the case to court instead of relying on the insurance process.
If you already accepted a settlement, your case is over. You cannot typically re-file the case or ask for additional damages after settling, which is why it is so important to talk to a truck accident lawyer before accepting any money.
Who Can I Call as a Witness?
Anyone who actually saw the events of the crash can be used as a witness. It is even better if the witness was a complete stranger, as they have no reason to lie for you, but you can also call friends or family who were in the car with you.
People who witnessed the aftermath – such as the responding police officer – might be able to provide helpful info as well. Experts who did not witness the accident at all may also be called on to provide medical or scientific info you need to present.
What Do I Do After an Accident?
After a truck accident, call 911, get a police officer to write up a report, go to the hospital for treatment, and follow through with all care. If you can, collect evidence at the scene, especially the truck driver’s name, contact info, employer info, and insurance info.
Then, call a lawyer.
How Do I Afford Damages While I Wait for My Case to Finish?
If you have supplemental insurance coverage on your policy, it might help take care of you and your expenses while we fight your case in court. Otherwise, we understand the financial burden you face and will work quickly to settle your case as soon as we can to get you and your family the money you need.
Call Our Truck Accident Lawyers in New Orleans Today
For a free review of your potential case, call our truck accident attorneys at Schoenfeld Law Firm at (504) 688-7760 at your earliest convenience.
