Truck drivers who cause devastating accidents while working should be held liable for the damages. Yet they are often difficult to sue because they are backed by their employer and their insurance company, who want nothing to do with paying a claim. If you have been hit by a trucker in Monroe, Louisiana, it is time to take legal action with professional assistance.
Morris & Dewett Injury Lawyers can provide all the legal counsel and services you need to file a strong truck accident claim. All of our experience and insight become your own when you let us work on your case.
What Causes Truck Accidents?
Negligence is the root of truck accidents. The negligence that can cause a truck accident can come in many forms.
Speeding
To complete a delivery route faster, a truck driver might be tempted to break the speed limit, which is often lower for trucks than it is for other vehicles on the highway. Speeding greatly increases a truck's braking distance due to the vehicle's massive weight and momentum, making it even more important that a trucker never speeds.
Exhaustion
Truck drivers can experience fatigue while working because they are often scheduled to drive for 11 hours in a 14-hour shift. Exhaustion can affect a driver like alcohol, worsening reaction times, blurring vision, and impairing judgment.
Overloaded Trailer
A trailer that has too much cargo loaded onto it is a hazard. When turning sharply, traveling up or down a steep incline, or driving through a high wind area, an overloaded trailer can cause the truck to tip. Cargo can also spill out of the trailer and onto the road behind the truck, hitting drivers.
Defective Parts
A defective truck part can be catastrophic if it causes the truck driver to lose control of their vehicle. Brake failures and burst tires are two of the most common defective truck parts that lead to crashes.
Who Is Liable for a Truck Accident?
Many parties are involved with the operation of a commercial truck. As such, numerous parties could also be liable for a truck accident depending on the root cause. It is not unusual for there to be more than one party named as a defendant in a serious truck accident case. With multiple defendants come more challenges, but there will also be a greater opportunity to get maximum compensation because there will be more insurance policies to file against.
Frequently Asked Questions
- Q: What should I do if I've been involved in a truck accident?
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Check for injuries and call 911 immediately if anyone is seriously injured. Report the accident to police even if it seems minor. Get the contact information of the other driver including their name, phone number, address, driver's license number, and insurance information. Take photos of the accident scene, vehicle damage, any injuries, and the surrounding area. Gather witness names and contact information. Seek medical attention even if you do not feel injured, as some injuries may not be immediately apparent. Notify your insurance company as soon as possible. Contact a truck accident lawyer to protect your legal rights. Avoid admitting fault or making statements about the accident until you have spoken with a lawyer.
- Q: What types of compensation can I receive after a truck accident?
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If you have been involved in a truck accident and have suffered injuries and damages, you may be entitled to compensation for medical expenses, lost income, damaged property, pain and suffering, loss of consortium, and punitive damages. The specific types and amount of compensation will depend on the circumstances of your case.
- Q: How long do I have to file a claim after a truck accident?
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In Monroe, LA, the statute of limitations for filing a personal injury claim after a truck accident is generally one year from the date of the accident. If you do not file a claim within this time frame, you may lose your right to pursue compensation for your injuries. There may be exceptions and nuances to this rule depending on the specific circumstances of your case. Consult with a qualified personal injury lawyer to ensure you fully understand your legal rights and options.
These answers reflect Louisiana law as of . For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.