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Whether going between cities on I-10 or delivering packages throughout town, commercial trucks are common on Louisiana’s roads. When an accident involving one of these trucks occurs, the results can be catastrophic for everyone involved. If you or a loved one was injured in a truck accident due to someone else’s negligence, a Louisiana truck accident attorney can fight to recover compensation for you.
Truck accident claims can be challenging. A Louisiana personal injury attorney can handle the complicated legal process and negotiate with insurers on your behalf. Contact The Goldwater Law Firm to discuss your legal options during a free case consultation.
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Recovering Compensation After a Louisiana Truck Accident
Truck accident injuries, ranging from burns and lacerations to fractures, traumatic brain injuries, spinal cord injuries, and internal organ damage, can have lasting effects. The road to recovery may involve invasive surgeries, physical therapy, long-term assistance with your activities of daily living, or the inability to return to work. However, by understanding the full extent of your losses, your lawyer can fight for fair compensation.
You may be entitled to compensation for a range of financial and non-financial losses. These are:
- Economic Losses: Including medical expenses, lost wages, diminished earning capacity, home modifications, mobility devices, property damage, and lost job benefits
- Non-Economic Losses: Including pain and suffering, loss of quality of life, loss of consortium, and emotional distress
With the help of your Louisiana commercial truck accident lawyer, you can recover compensation in various categories for past, present, and future losses connected to your injuries. Your lawyer will not only listen to your story but may also consult with experts, including medical and financial specialists. Their goal is to advocate for the maximum compensation you are entitled to receive.
How a Louisiana Truck Accident Lawyer Can Help You
After an accident, you are likely to have many new worries hanging over your head. In addition to dealing with physical pain and emotional trauma, you may also be unsure how you will afford your medical bills alongside your daily living expenses. A personal injury claim can help you regain financial stability by covering medical expenses, lost wages, and other losses, giving you peace of mind that your future will be cared for.
However, the claims process can be challenging to navigate and may involve dealing with the aggressive insurance companies of big trucking companies. A Louisiana semi-truck accident attorney can provide invaluable support, taking on the legal process so you can focus on recovering instead.
A truck accident lawyer can:
- Handle all communications and paperwork about your case
- Investigate your accident to determine at-fault parties and gather evidence to support your case
- Negotiate with insurance companies
- File any needed appeals
- Represent you in court if needed
- Guide you during the settlement process
Upfront costs can be a barrier for injury victims seeking legal representation. However, personal injury attorneys work on a contingency fee basis. Under this fee system, you have no upfront costs. Instead, your lawyer’s fees are only collected if they recover compensation for your case.
Our law firm partners can ensure you feel supported and advocated for during your truck accident case. The Goldwater Law Firm practices the Gold Standard of Injury Law because we believe injury victims should receive dedicated legal representation and compassion. Contact us today for a free review of your case.
Who Is to Blame After a Truck Accident in Louisiana?
Determining who was responsible for your accident is essential to your personal injury claim. Under Louisiana’s pure comparative negligence law, injury victims can recover compensation even if they are partially at fault for their injuries. However, under this same law, recoverable compensation is capped by the percentage of fault. For example, if you were 30% responsible for your injuries, you could only recover 70% of the damages you were eligible for.
With this system, insurers may try to shift a larger percentage of blame onto victims, making it even more vital to have a well-supported and compelling case. Your 18-wheeler accident lawyer will use evidence, analysis, and expert testimony to build a case.
They will need to:
Determine Fault for Your Louisiana Truck Accident
Unlike car accidents, where the other driver is often the at-fault party, determining fault in truck accidents may be more complicated because of multiple at-fault parties. Liable parties may include:
- The truck driver
- The trucking company
- Mechanics
- Truck manufacturers
- Loaders
- Municipalities
Investigate the Truck Accident
Your attorney will investigate to prove negligence and support your case. They may do so by:
- Analyzing black box data from the truck
- Obtaining surveillance footage, such as from traffic cameras, dash cameras, or business security cameras
- Reviewing police reports, driving records, trucking company safety records, and maintenance logs
- Interviewing witnesses
- Consulting with experts such as those in industry safety standards or accident reconstructionists
Prove Negligence Occurred in Your Truck Accident
Negligence is proven by demonstrating four key elements. These are:
- The liable party owed you a duty of care.
- They breached that duty.
- Their breach directly caused your injuries.
- You suffered losses because of this.
In truck accidents, an example of the four elements of negligence being met might be:
- A truck driver owed a duty of care to follow traffic laws.
- They were speeding to meet delivery goals.
- They hit your vehicle while speeding.
- You suffered catastrophic injuries due to the collision.
In this example, the truck driver acted with direct negligence, but the trucking company may also be liable. Your personal injury attorney will determine all possible liable parties.
A Louisiana Truck Accident Lawyer Will Meet Legal Deadlines for Your Case
Investigating your accident involves the proactive approach of collecting time-sensitive evidence, such as witness statements and surveillance footage. This puts you in control of your case and ensures that you are prepared for any state-imposed deadlines.
Under Louisiana’s statute of limitations, you generally only have two years to pursue a wrongful death or personal injury lawsuit. It’s crucial to understand that missing this deadline could mean losing the opportunity to recover financial compensation for your losses. This underscores the urgency of taking timely legal action.
Your Louisiana 18-wheeler accident attorney is committed to investigating and filing your case within the required timeline. The sooner you hire legal representation, the sooner your attorney can get to work. Contact The Goldwater Law Firm to get started today.
What Should You Do After a Truck Accident in Louisiana
Once you have received medical care, your next steps can be key to protecting your legal rights. You should:
- Report the Accident: If police were not called to the scene of your accident, ensure that you report the accident after the fact.
- Document Your Injuries: Photograph any visible injuries and keep copies of your medical records and bills you’ve already paid.
- Continue Your Medical Treatment: Follow your doctor’s prescribed treatment plan. Discontinuing your care can be used against you by insurers.
- Don’t Speak to Insurance Adjusters: Insurance adjusters may try to use your words against you. Avoid speaking to them directly and instead have them talk to your lawyer.
If you are worried about your actions or unsure you can complete them, talk to your commercial truck accident attorney about your next steps.
Frequently Asked Questions
Trucking companies may be vicariously liable for their driver’s actions. Additionally, they may be at fault if they:
- Hire unqualified drivers
- Have lax training standards for drivers
- Overload or improperly load cargo
- Fail to upkeep maintenance on their vehicles
Accident claims may be denied for various reasons, including a lack of supporting evidence or improperly filed paperwork. Insurance providers must give the reasons for their denial.
If denied, your lawyer can appeal the decision. They will need to combat the reasons, such as providing additional evidence to support your claim.
Offers are just that—offers. You are not required to accept an offer lower than you are entitled to receive. Your Louisiana truck accident lawyer will advise you on the offer. If you wish to reject it, you must do so formally.
Your attorney will then re-enter negotiations with the insurance company. They may build more support for your case by consulting with experts about the long-term impacts of your injuries to demonstrate your need for more compensation.
Contact a Louisiana Truck Accident Attorney Today
Your accident may have left you reeling. You may be struggling to accomplish your daily tasks, let alone taking on a personal injury claim process. A Louisiana truck accident lawyer will do so for you.
Contact The Goldwater Law Firm, and we will connect you with our Louisiana co-counsels. Your initial case consultation is free.