Commercial trucks are a common sight on Louisiana roads and highways. While they are a necessary part of the state and local economy, they are also very dangerous. In the event of an accident, drivers may sustain devastating injuries and should contact a lawyer for legal help right away.
Commercial truck accidents can be severe, and you may need urgent medical care. Stay calm and call 911 or have someone else at the scene call for you. Once you get the help you need, speak to a lawyer about getting financial compensation from those responsible for the accident. It may be possible to begin your case by filing insurance claims. Still, a lawsuit against the driver’s employer may be necessary to recover damages not covered by insurance or that exceed policy limits.
For a free, confidential legal analysis of your case, call our Lafayette, LA commercial truck accident attorneys at the Schoenfeld Law Firm at (504) 688-7760.
What Should You Do Immediately Following an Accident with a Commercial Truck in Louisiana?
Right after a commercial truck accident, you should focus on getting help. These accidents can be severe, and time is of the essence.
Report the Accident
You or someone else at the accident scene should immediately call 911. Have medical personnel and law enforcement sent to the accident to render aid and investigate. Your injuries may be quite serious, and the sooner you get to a hospital, the better your prognosis is likely to be.
Talk to Others at the Scene
If you can, talk to other people at the accident scene who were involved. Exchanging names and phone numbers may help us contact these people to testify as witnesses.
Also, talking to others may shed light on who is responsible for the accident and who the delivery driver works for.
Preserve Information About the Accident
You should also try to preserve details and information about the accident in any way that you can. Take photos, record videos, or just jot down some notes about everything you see. Again, only do this if you feel able. If you are badly injured, stay where you are and wait for help to arrive.
Auto accidents are usually cleared away quickly in the interest of safety, and important evidence may be lost. Your photos, videos, and notes might help us save valuable details that would otherwise be gone forever.
Call a Lawyer for Legal Help
After going to the hospital and receiving medical care, you or someone close to you should contact a lawyer for help. Your medical bills and other expenses related to the accident are probably already piling up, and an attorney can advise you on how to get fair compensation from those responsible for the accident.
Filing Insurance Claims After a Commercial Truck Accident
Insurance is often involved in truck accident cases, and you may have several insurance options worth discussing with your lawyer.
The Truck Driver’s Insurance
Auto accidents, including accidents with commercial trucks, are often covered by insurance. After the accident, exchange information with everyone involved, especially the truck driver. We need their names and personal information to file insurance claims.
The Trucking Company’s Insurance
It may also be possible to file insurance claims with the commercial trucking company’s insurance as well as the trucker’s personal insurance. In that case, our Louisiana commercial truck accident lawyers will assist you in coordinating benefits from multiple policies.
Filing Personal Injury Lawsuits for Truck Accidents
Insurance can be helpful, but it often does not cover the full extent of an injured victim’s damages. More specifically, it can be difficult to prove claims for non-economic damages related to pain and suffering, as they are subjective and may be hard to explain fully.
Claiming Damages That Insurance Refuses to Cover
If you file an insurance claim and non-economic damages are not covered, or the insurance company reduces or denies payment for non-economic damages, you may sue for these damages.
Claiming the Full Value of Your Damages
While personal injury lawsuits are known for being time-consuming and challenging, they can help plaintiffs obtain the full extent of their damages after a commercial truck accident.
Insurance policies are often limited and will only pay out a specific maximum amount. If your damages exceed this amount, which is very possible in a serious truck accident, you may need to file a lawsuit to get the full value of your claims, not just what insurance is willing to pay.
Negotiating Settlements After Truck Accidents
Depending on your situation, the defendant may be willing to work out a settlement agreement.
Avoiding a Trial by Accepting a Settlement
Many plaintiffs file lawsuits first and negotiate settlements as their cases wind through the judicial system. Often, accident cases never go to a trial because the parties reach a settlement agreement first.
Settlement Negotiation Tactics
Your lawyer should help you leverage your evidence to negotiate for the best possible settlement. The best strategy depends on what evidence we have and how we can use it. The stronger our evidence, the more leverage we may have during negotiations.
If the defendant is unwilling to offer an adequate settlement, we will be ready to take the matter to court.
FAQs About Accidents Involving Commercial Trucks in Louisiana
Who Can You Sue After a Commercial Truck Accident?
You may sue the negligent truck driver who caused the accident, their employer, and any other driver you believe contributed to the collision.
It is often a good idea to include the truck driver’s employer, as the trucking company likely has greater financial resources to cover your damages.
Can You Sue a Commercial Truck Driver’s Employer After an Accident?
Yes. You may sue the trucking company for vicarious liability. Employers may be vicariously liable for injuries caused by negligent employees if the employee was acting within the scope of their job at the time of the accident.
Alternatively, you may sue the trucking company directly for something like negligent hiring, dangerous vehicle maintenance, etc.
Can You File an Insurance Claim for a Commercial Truck Accident?
Yes. You may file claims with the truck driver’s insurance and the trucking company’s insurance. In that case, you likely need a lawyer to help you handle multiple claims, coordinate benefits, and negotiate a fair settlement.
How Do You Collect Evidence to Sue for a Commercial Truck Accident?
You can begin collecting evidence immediately after the accident if you are able. Take photos, record videos, and exchange information with others at the scene. We can use your recordings as evidence of the accident, and other people from the scene may provide valuable testimony.
We may also obtain evidence under the trucking company’s control. Business records, video footage from onboard cameras, and vehicle maintenance records may be obtained during the discovery phase.
How Do I Sue for a Commercial Truck Accident if My Injuries Are Permanent?
Commercial truck accidents can be severe, and victims may be so badly hurt that their injuries never fully recover or they must live with new disabilities. In such cases, you may claim damages for medical bills and lost income you are likely to incur in the future after the completion of the case.
Talk to Our Louisiana Commercial Truck Accident Attorneys About Your Case Now
For a free, confidential legal analysis of your case, call our Louisiana commercial truck accident attorneys at the Schoenfeld Law Firm at (504) 688-7760.
