If you or a loved one have been involved in truck accident in Louisiana, understanding how to file a truck accident claim properly can help expedite the process. This means recovering fair compensation faster, which is crucial when struggling with medical and repair bills. 

Having a straightforward guide is invaluable during this stressful time of juggling hospital bills, injuries, repairs, and insurance companies. Following these clear steps to file a truck accident claim will simplify the process while saving you time, money, and peace of mind. 

Learn about the importance of correctly gathering evidence, adhering strictly to legal deadlines, determining potentially liable parties, understanding liability laws in Louisiana, and finding the right truck accident lawyer for your case.

Gather Necessary Evidence and Documentation

Carefully documenting the scene immediately following an accident is one of the most critical actions you can take. Prompt medical care for those injured in an accident is the first priority. 

But if you are physically able, meticulously collecting evidence can significantly strengthen your claim. Gathering this evidence will enable your attorney to leverage the evidence as proof of liability and damages during your case. 

Evidence to Collect Immediately After a Truck Accident

While you can collect certain evidence throughout your case, other types of evidence are best collected in the immediate aftermath of the accident, including:

Accident scene photographs: Immediately following an accident, remembering to take photographs can preserve essential evidence. In many cases, vehicles must be moved to unblock traffic. Documenting the accident scene before it is disturbed can provide powerful evidence. 

Take extensive pictures or videos of the accident scene, property damage, and personal injuries if possible. If the accident was partially caused by a malfunctioning streetlight, a missing traffic sign, or other roadway issue, be sure to document these, too. 

Witness statements: Witness statements can provide powerful evidence. If people witnessed the accident, approach them and ask if they would be willing to provide a statement. Collect their contact details to verify the statement later.

Police report: If the accident caused at least $500 of property damage or if anyone is injured, you must call Louisiana police to document the crash. It is important that the police report the accident immediately, however, you or your attorney can obtain the report later. 

Reports can be obtained in person or online, through the Louisiana State Police Website.

Truck Accident-Specific Evidence

After a truck accident, you or your attorney will collect additional evidence, such as driver logs, maintenance records, and black box data, to prove liability. This information can provide insight into whether the driver, trucking company, and other potentially liable parties were following the necessary laws and regulations. Failure to do so can provide critical proof of liability.

Ongoing Evidence Collection

After the accident, you should also keep evidence of costs incurred because of the wreck, including medical bills, repair invoices, and lost wages documentation. If another party is liable, this evidence can increase the dollar amount of your legal claim.

Seek Medical Attention for Injuries

It is imperative that you receive prompt medical care, even for minor injuries, to establish a medical record. Sometimes, seemingly minor injuries can be indicative of a more serious injury. Other times, delayed onset injuries can lay dormant for days or weeks before presenting symptoms. 

A thorough post-accident medical examination can discover latent injuries and connect them to your accident. The longer you wait to have a medical check-up, the more difficult it becomes to positively attribute the injury to your accident.

Notify Your Insurance Company Promptly

After your accident, it is important to notify your insurance provider as soon as possible. The sooner the insurance company is aware of the accident, the sooner you can collect compensation. However, you must be wary when communicating with insurance providers.

Be Cautious With Communications With Insurance Adjusters

Despite the importance of communicating promptly, it is equally vital that you refrain from providing statements to insurance adjusters before consulting a truck accident attorney. Insurance adjusters are in the business of paying out as little as legally possible. 

Insurance companies may use your statements against you to downplay your injuries and damages to minimize your due insurance payout. To achieve this, they may deliberately try to get you to admit fault or make inconsistent statements. 

Additionally, giving them incomplete information can delay or weaken your claim to recover damages. It is prudent to engage a truck accident lawyer to handle all communication with your insurance company. Your attorney will fight for your right to recover the compensation you deserve.

Avoid These Mistakes When Communicating With Insurance Companies

If you must speak with an insurance company, avoid making the following mistakes:

• Do not admit fault. Do not admit any responsibility even if you think you might have contributed to the accident.
• Do not speculate. Stick to the facts and avoid offering guesses or opinions about speed, road conditions, or other details.
• Limit your conversation of injuries. Avoid giving detailed descriptions of your injuries until a medical professional fully diagnoses them.

How to Talk to Insurance Companies

Instead, follow these basic guidelines to protect your interests when communicating with insurance adjusters: 

• Stick to the basic facts. Only discuss fundamental details such as the accident’s date, time, and location and the parties’ names. 
• Deflect their questions. The insurance adjuster may ask additional questions. Refer them to your truck accident attorney for further information.
• Keep a record. Carefully document each interaction with the insurance company, including your phone calls and emails. Louisiana is a one-party consent state, so either party may legally record phone calls without the other’s consent.
• Direct all inquiries to your attorney. The best practice when dealing with insurance adjusters is to have your lawyer handle all communication with the insurance company.

Understand Louisiana’s Statute of Limitations

Truck accidents fall under the category of personal injury lawsuits. In Louisiana, this statute of limitations, or deadline, changed as of July 1, 2024. For injuries sustained after this date, typically, you have two years to file personal injury claims. For injuries before this date, you must file your claim within one year. However, there are exceptions that may extend your deadline. 

It is best to consult an experienced truck accident lawyer in Louisiana to determine the precise filing deadline for personal injury lawsuits.

Familiarize Yourself With Louisiana’s Pure Comparative Negligence Rule

Louisiana follows a pure comparative negligence rule. If you are partially liable for the accident, the court will proportionally reduce your compensation by your share of the fault. This is true even if the court finds you mostly at fault for the accident. For example, if you suffered $100,000 in damages and the court finds you 20% liable, you will be awarded damages minus 20% for a total of $80,000. Conversely, if the court finds you 80% liable, your award will be reduced by 80% and you will receive $20,000. 

Insurance companies and courts assign fault based on the available evidence, making the investigation and evidence-gathering processes particularly crucial. If the insurance company offers you a fair payout, your lawyer will not recommend taking your claim to court. However, your attorney may recommend court proceedings if the insurance company offers an unfair payout.

Louisiana’s pure comparative negligence holds each party responsible for their role in the accident. If multiple parties are involved, as can often happen in trucking accidents, the court will assign liability to each party for a total of 100%.

Identify the Liable Parties in the Accident

When determining who’s at fault in a truck accident, your attorney will investigate each potential liable party. Typical parties and common negligent behavior of each may include:

• Truck driver: Speeding, fatigue, or impaired driving.
• Trucking company: Failing to enforce safety regulations or employing unqualified drivers.
• Cargo loaders: Loading or securing freight improperly or overloading the truck.
• Truck manufacturer: Providing vehicles prone to mechanical failure or with defective parts.
• Maintenance providers: Performing inadequate inspections or repairs.

Consider Potential Multiple Liable Parties

While regular car accidents often involve only two parties, truck accidents often involve multiple parties. This makes truck accident claims more complicated. Depending on your lawyer’s investigation, your claim may involve multiple parties. 

For example, if evidence of negligence exists, you can sue the truck driving company, the truck driver, maintenance providers, and anyone else whose actions contributed to the wreck.

Consult With an Experienced Truck Accident Attorney

Truck accident claims can be exceedingly complex. This is due to the many potentially liable parties and the numerous major causes of truck accidents. Speak with a knowledgeable truck accident attorney at Morris & Dewett Injury Lawyers concerning your legal options and potential compensation. Contact us today.

FAQs

What are the time limits for filing a truck accident claim in Louisiana?

If your accident occurred after July 1, 2024, the statute of limitations is generally two years. If your accident occurred before that date, the statute of limitations is generally one year. However, exceptions to these deadlines exist. Speak to a truck accident lawyer to determine your filing deadline.

What should I do immediately after a truck accident?

Immediately after a truck accident, make sure that everyone involved is unharmed. If anyone is injured, call emergency medical services immediately.

How can an attorney help with my truck accident claim?

A seasoned truck accident lawyer can investigate your claim, identify liable parties, determine your filing deadline, communicate with insurance adjusters, and advocate for your best interests and fair compensation.