Louisiana Truck Accident Lawyer

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Louisiana Truck Accident Lawyer

Commercial trucking is essential to the supply chains of the United States, and drivers throughout Louisiana encounter large commercial trucks on the road every day. Though rarer than standard passenger vehicle accidents, truck accidents are incredibly dangerous and easily capable of inflicting catastrophic harm on those involved. If you have been involved in such an incident, it’s vital to consult a Louisiana truck accident lawyer to discuss your legal options.

Representing Truck Accident Victims

The Murphy Law Firm offers compassionate and results-driven legal representation for victims of truck accidents throughout the state. We take time to listen to each client’s unique story, helping them to make sense of their legal options and guiding them through the difficult proceedings they face as they seek compensation for their damages. Our firm will do everything we can to help you fully recover in the shortest possible timeframe.

If you attempted to handle your recovery from a truck accident by yourself, you would be forced to contend with strict procedural rules while managing your medical needs and personal obligations. Even if you believe that fault for your accident is perfectly apparent, the formal legal process of establishing liability for your damages is likely to be far more challenging than you are prepared to face alone while recovering from your injuries.

When you have an experienced Louisiana truck accident lawyer representing you, you can rest and focus on your recovery with peace of mind while your attorney manages your legal affairs on your behalf. We can keep you informed of your case’s progress and prepare you for each new stage of your case. You will have a dedicated legal advocate readily available to support you through all stages of your recovery efforts.

Our team excels at resolving complex accident cases. We can help our client gather the evidence they will need to prove fault for their accident, guide them through the auto insurance claim filing process, and help them construct a comprehensive personal injury suit if necessary to ensure the fullest possible recovery. When you choose our team to represent you, you can get the answers and guidance you need immediately so you can approach your case with confidence.

Proving Liability for a Truck Accident

Louisiana law follows the fault rule for all motor vehicle accidents, meaning you must prove fault for your recent accident before you can claim any compensation for your damages. This typically requires multiple forms of evidence, such as traffic camera footage if any cameras were situated near the accident site, drivers’ cell phone records, and testimony from witnesses who saw the accident happen.

While many truck accidents happen due to the same causes as all other vehicle accidents, there are also additional risk factors and industry-specific details that may come into play in your case. For example, your Louisiana truck accident lawyer may aim to secure truck maintenance records as well as documentation from a trucking company showing whether they complied with applicable industry regulations.

One factor that commonly makes truck accident cases more difficult to resolve than standard passenger vehicle accident cases is “vicarious liability,” a term used to describe any legal situation in which one party bears fault for the actions of another party. This most commonly applies to an employer bearing fault for the actions of an employee. It’s possible for a trucking company to be liable for the actions of its driver.

Your Louisiana truck accident lawyer can assist you in determining fault for your recent accident, identifying all parties that may bear liability for your damages. Most truck accidents happen because of driver negligence, such as distraction behind the wheel, moving violations, or speeding, but they may also occur because of illegal misconduct like intoxicated driving or failure to follow and/or enforce trucking industry safety regulations.

Recovering Through Auto Insurance

Every driver in Louisiana is required to have personal auto insurance, and when a driver causes an accident, their insurance policy will pay for the damages they inflicted on others. Trucking companies and their drivers are also required to have appropriate coverage, and many of these business entities have greater coverage than is required for most drivers.

However, it does not mean you should assume you can fully recover your losses through insurance or that filing your claim will be easy. It is prudent to expect the insurance company to fight back against your claim in whatever way they can. Insurance company representatives and claim adjusters are trained to look for justifications for denying claims whenever possible or minimizing their settlement offers.

Some insurers even engage in bad-faith tactics in their efforts to avoid paying out appropriate settlements, taking advantage of the desperation of injured claimants, hoping they will accept the first lowball offer extended to them. They will be less likely to attempt this with your claim if they see that you have legal counsel. Your Louisiana truck accident lawyer can ensure your claim is handled in good faith and that you receive a fair settlement offer.

Filing a Personal Injury Suit for a Truck Accident

When insurance will not fully cover your damages from a truck accident, a personal injury suit may offer your greatest chance of maximizing your recovery as much as possible. Success with any personal injury claim will require clear proof of fault for your damages. First, you need to determine who caused your accident and how they caused it; then, you must prove the extent of the damages they inflicted in the accident.

Success with your personal injury claim can yield various forms of compensation. An injured plaintiff has the right to seek compensation for the economic damages the defendant caused, which include all the direct financial losses they suffered from the accident, as well as compensation for their non-economic damages. Economic damages are generally easier to prove and more objective. These can include:

  • Property damage, such as vehicle repair costs. While you may be able to recover some such losses through an auto insurance claim, a personal injury suit can enable you to recover any property losses that cannot be recovered through insurance.
  • Medical bills. If you sustained physical harm because of another party’s actions, they are liable for the cost of all the medical care you will need to fully recover from your injuries. This includes both immediate and future medical expenses resulting from the accident, so it’s possible to secure compensation for any ongoing rehabilitative care you need to reach maximum medical improvement.
  • Lost wages. Many people injured in serious vehicle accidents are unable to work during their recovery. If this applies to your case, you can hold the defendant accountable for any income you were unable to earn because of the accident they caused. This also applies to lost future earning capacity if your accident left you disabled, and you will not be able to return to work in the future.

Non-economic damages are more subjective, and the average person may find it difficult to assign appropriate monetary values to intangible losses like physical pain, emotional suffering, psychological trauma, and diminished enjoyment of life after a damaging accident. Louisiana does not require a plaintiff to use a specific formula to calculate these losses, and an experienced attorney can help their client determine a suitable amount to claim.

Truck accidents tend to be far more damaging than standard passenger vehicle accidents. Due to the size of most commercial vehicles, they are capable of inflicting tremendous harm to the occupants of any vehicles in their path in a very short time. Many people who experience truck accidents sustain catastrophic injuries with various long-term or permanent effects. If you have suffered such an event, it is vital to work with an attorney who can maximize your recovery.

Resolving Truck Accidents Caused by Illegal Misconduct

While the majority of truck accidents reported happen because of negligence, these incidents may also occur because of intentional and illegal misconduct, such as driving under the influence of drugs or alcohol. When a driver causes an accident in this manner, they not only face civil liability for the damages but also criminal prosecution for breaking the law. If this applies to your case, your attorney can explain the potential implications.

When a truck driver causes an accident because they are intoxicated behind the wheel, they face prosecution for breaking the state’s laws against driving under the influence (DUI). This could not only result in fines, jail time, and suspension of their driver’s license, but their penalties may automatically increase due to them causing severe harm. Additionally, they are likely to lose their commercial driver’s license (CDL) in response to their actions.

In the event a personal injury happens because of illegal misconduct, it is possible for the injured plaintiff to receive punitive damages at the court’s discretion. As the name implies, punitive damages are meant to punish the defendant’s actions rather than compensate the victim’s loss. There are special rules for punitive damages in Louisiana civil claims that your attorney can explain.

Resolving Your Truck Accident Claim

The first major legal hurdle you must clear in the aftermath of a truck accident is proving fault for the accident. Once you have identified the cause of your accident and the party or parties responsible for your damages, your Louisiana truck accident lawyer can develop a legal strategy that aims to secure compensation for your damages. In most cases, it will begin with an auto insurance claim.

An experienced attorney can streamline the insurance claim filing process for you, reducing the time it takes for you to receive your settlement from the at-fault driver’s insurer. They can resolve any disputes that arise and then assist you in pursuing further recovery with a personal injury suit if necessary.

Many of the personal injury claims filed end in private settlement negotiations. The settlement process enables the parties involved in the case to reach mutually agreeable terms in a fraction of the time that litigation would require, but only if all parties involved are willing to negotiate and compromise. If settlement is not an option in your case, you will need to resolve the matter through litigation, which will take much longer to complete.

Finding the Right Attorney for Your Truck Accident Claim

One of the most important steps you can take in the aftermath of a truck accident to preserve your ability to recover compensation for your damages is to connect with an experienced and reliable Louisiana truck accident lawyer as quickly as possible. The more time your attorney has to work on your case, the more likely you will be to secure compensation for your damages in a shorter timeframe.

Our goal for every client we represent is to help them secure as much compensation as state law allows for their damages by thoroughly investigating all avenues of recovery. We have years of experience dealing with the major insurance carriers and know the tactics they use to try to avoid paying out on claims, and we know how to construct effective and comprehensive personal injury cases on behalf of our clients.

During your initial consultation with our team, we can listen to your story and answer your most pressing legal questions so you can assess whether we are the right fit for your case. We can provide our initial impression of your claim and explain what we expect to unfold as we seek compensation for your damages.

Ultimately, truck accidents are some of the most damaging vehicle accidents anyone can experience, and many victims of these incidents face long-term or permanent effects. If you have been harmed by another party’s actions, you should not be left to face the aftermath on your own. The team at the Murphy Law Firm can work closely with you through all stages of your legal proceedings until you recover the compensation you deserve.

FAQs

Q: How Much Compensation Can I Recover for a Truck Accident?

A: The amount of compensation you could recover for a truck accident in the state will depend on the scope and severity of your losses. If you are able to prove that another party is directly responsible for harming you in a truck accident, they are liable for the damages they caused. Your recovery may include compensation for property damage, medical bills, lost wages, and your pain and suffering.

Q: What Happens if I’m Partially Liable for a Truck Accident?

A: If you are found partially liable for a truck accident, the state’s pure comparative fault rule applies. You should expect to lose a percentage of your case award equal to your percentage of fault for causing the accident. Each liable party will be assigned a percentage of fault based on their respective levels of responsibility for the damages. The plaintiff’s fault percentage is deducted as a penalty from their case award, and they keep the remainder.

Q: Do I Need a Lawyer to File an Auto Insurance Claim?

A: You need a lawyer to help you file an auto insurance claim in the state if you want to have the greatest chance of reaching a positive outcome as swiftly as possible. Your attorney will know how to handle difficult insurance claim adjusters and resolve any disputes raised against your case. They will verify that your settlement offer is fair, and then they will determine whether you have additional avenues of recovery you can explore after your accident.

Q: What Happens if a Truck Accident Is Fatal?

A: If a truck accident is fatal, the family of the victim may have grounds to file a wrongful death claim. This type of personal injury claim seeks compensation for the damages incurred by the estate of the deceased and their surviving loved ones. Louisiana enforces special rules for wrongful death claims pertaining to eligibility to file these claims and the damages available. The Murphy Law Firm can provide compassionate representation in a wrongful death suit.

Q: Why Should I Hire a Louisiana Truck Accident Lawyer?

A: You should hire a Louisiana truck accident lawyer if you want to have the greatest chance of success with all the recovery efforts you attempt following your accident. Your attorney can make every aspect of your recovery process easier, from gathering evidence to help you prove fault for a truck accident to assisting you in determining the extent of the damages you are legally entitled to claim from the at-fault driver.

The Murphy Law Firm has years of experience helping clients throughout the state with all types of difficult vehicle accident claims, including truck accident cases. We know the unique challenges that these cases can present and that you are likely to have many difficult questions you can’t answer on your own. Contact us today to schedule a free consultation with a trustworthy Louisiana truck accident lawyer to learn about the legal services we provide.

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