A large truck accident is one of the scariest situations anyone can survive. Truck accidents often leave the occupants of passenger vehicles in dire conditions, as a truck weighs several times that of a regular car. Just think, while your car weighs on average 4,000 pounds, a fully-loaded semi truck and trailer can weigh up to 80,000 pounds! Such a drastic size discrepancy exacerbates accidents, which often result in terrible injuries and even death in the worst of circumstances. You should secure a determined truck accident lawyer in Louisiana to fight for the settlement you deserve as soon as possible after sustaining injuries.
At E. Orum Young Law Offices, we have been fighting for the rights of truck accident victims to recover from their losses for over 35 years. Our Louisiana truck accident attorneys have extensive negotiation experience and are familiar with the tricks the insurance companies and trucking companies will use to deny your claim. Contact us any day to discuss your case for free. We’ll gather all the evidence for the best possible compensation. If our expert negotiators cannot obtain a fair settlement, we will take your case to court. Allow us to summarize what that entails.
Following a serious truck accident, there are many things you should consider. The first of these is the state statute of limitations. As soon as you start recovering from your injuries, you should know that in Louisiana, you have just one year to bring a lawsuit against an entity for personal injury to yourself. This is one year from the time of the accident, not one year from the time you start to experience complications from your injury. Louisiana’s statute of limitations is among the shortest of any state in the U.S., so you are strongly advised to speak with an attorney about your accident as soon as possible. The sooner you hire an attorney, the fresher the evidence will be, and the more likely your case will win in court!
Working with a Truck Accident Attorney in Louisiana
A knowledgeable attorney who has handled multiple truck accident cases is a valuable resource when pursuing a truck accident lawsuit. Your attorney will work hard in gathering all the evidence necessary to show that you were the victim of negligence.
When your case goes to court, one of the things your attorney will be required to prove is that the other party (in this case, the truck driver or trucking company) acted negligently and that that negligence resulted in the accident that caused your injuries. Proving that negligence led up to your accident means your attorney must show the following to win your case:
- The defendant owed you a duty of reasonable care while driving his truck
- The defendant breached the duty of reasonable care
- The defendant’s breach of that duty caused the truck accident
- The truck accident directly injured you physically and mentally
- Your injuries resulted in damages for which you can receive compensation
What is the “Duty of Reasonable Care”?
The duty of reasonable care is the standard of care that drivers owe each other when operating their cars. This is the legal obligation each person has to act as a reasonable person would under the circumstances given. If the truck driver failed to drive with reasonable care, he acted negligently and may be held liable for your damages.
Who is Liable for My Damages?
A collision with a commercial truck is more complicated than a car-on-car accident simply because there are several parties involved. Many factors could have led up to your accident, including:
- A drowsy or drunk truck driver
- A distracted truck driver
- Unsecured or improperly secured cargo
- Improperly maintained truck
- Reckless driving
- Improper lane changing
- Failure of the truck driver to yield to oncoming traffic
- Failure of the truck driver to comply with federal trucking regulations
Thus, your attorney may be able to hold several parties accountable for your accident:
- The truck driver
- The truck’s owner
- The party responsible for the truck’s maintenance and inspection
- The party guiding the truck driver
- The owner of the freight
- The trucking company
- Anyone contributing to, facilitating, or hiding the driver’s negligence
What if I was Partially at Fault?
Even if you were partially at fault for your accident, you might be able to recover some amount for your injuries and suffering. Louisiana abides by comparative fault laws, which means that as long as the truck driver was more responsible for the accident than you were, you may be eligible for compensation.
Get started on your recovery efforts by contacting the skilled attorneys at E. Orum Young Law Offices for a free case review. Call (318) 450-6453 to speak with an attorney today.