Louisiana Truck Accident Lawyers
Working with Plaintiffs and Defendants Involved in Truck Accident LitigationNational Highway Traffic Administration (NHTSA) data indicates that there were approximately 116,000 accidents people injured in accidents involving large commercial truck during 2015, which comes to an average of more than 300 per day. Accidents involving large trucks are capable of causing extremely serious injuries, some of which can leave victims with disabilities or medical problems that they will deal with for the rest of their lives.
Sometimes crashes involving large commercial trucks are caused by the negligence of trucking companies, while in others, they are the result of the drivers of smaller passenger vehicles. At Hudson, Potts & Bernstein, we are committed to representing both people who are injured in accidents as well as truckers, trucking companies, and insurers who are trying to minimize or avoid liability after a truck accident.
Commercial Truck Accidents Differ from Other Accidents in Many Important WaysIf you have been involved in a truck accident, it is important to understand that truck accident litigation differs in many important ways from cases that only involve privately owned and operated vehicles. As a result, both plaintiffs and defendants need to retain legal counsel who is familiar with these differences and has experience representing parties involved in legal disputes that arise from truck crashes.
For example, in truck accident cases, the Federal Motor Carrier Safety Regulations (FMCSR) are often at issue, and it is critical that your attorney be aware of these rules and how they may apply to your case. In addition, in many cases, it may be possible to hold a truck driver’s employer responsible for his or her negligent conduct. Whether you would like to impose or avoid such liability, it is imperative to have an attorney familiar with the regulations and case law in your jurisdiction regarding vicarious liability for truck drivers’ employers.
Helping Plaintiffs Establish NegligenceAs a truck accident victim, you need to be able to establish that your accident was the result of someone else’s negligence in order to recover compensation. Some common forms of negligence that can lead to serious commercial truck wrecks include the following:
- Distracted driving
- Ignoring poor weather conditions
- Following too closely
- Improper turns
- Failing to maintain a vehicle
- Defective coupling devices
- Improperly loaded cargo
- Improperly secured cargo
- Driving the wrong way
- Failing to turn on headlights
- Hours-of-service violations
- Failing to conduct a pre-trip inspection
Whether negligence was the cause of an accident is often a complicated legal question, and it may not be clear to victims that their crash was actually the fault of a truck driver or trucking company. When you retain a lawyer after an accident, he or she will fully investigate the facts of your case and determine whether any evidence of negligence exists. In many cases, a truck accident case requires the analysis of a significant amount of evidence, which may include the following:
- Medical records
- Surveillance footage
- Vehicle maintenance records
- Eyewitness accounts of the accident
- Cell phone records
- The opinion of accident reconstruction experts
- Internal business records and communications
Collecting and analyzing evidence relevant to a truck accident case can require a significant amount of time and money, making it difficult for many victims to adequately handle a case themselves. Fortunately, when you retain a lawyer after an accident, he or she (or the firm) will conduct an investigation on your behalf and cover any up-front costs. Furthermore, you will only owe legal fees if your attorney successfully recovers compensation on your behalf, so there is no risk associated with retaining a lawyer after an accident.