Who is Liable for My Louisiana Truck Accident?
If you’ve been in a big truck wreck, you could be dealing with serious injuries, property damage, and worse. You might be facing months, years, or even a lifetime of pain, mental anguish, an inability to work, or other problems. If you weren’t at-fault for the wreck, you deserve compensation to help pay for your medical bills and assistive devices, to make up for your lost wages, and other costs your injury has incurred.
However, in order to collect the compensation you need to heal, you must first prove liability rests on the truck driver. Legal liability is a term for the party in an accident who is responsible for the accident. Every state has different laws surrounding how liability is determined and what needs to be proved. In this article, we’ll explore Louisiana’s liability statutes to find out who could be liable in your truck accident.
What Causes Truck Accidents?
Like any traffic accident, truck accidents can be caused by any number of factors. Because of the long hours and miles most truck drivers put in on the job, some causes of accidents are more common than others:
- Broken trucking industry regulations: trucking companies are required to keep detailed logs and records of each drive. These logs can help determine whether the driver was following federal requirements for rest periods and other procedures, and if they weren’t, to assign liability to the driver for the accident.
- Improper truck maintenance: If the truck driver or their employer failed to properly maintain the truck, that could contribute to an accident where one or both of those parties could be held responsible.
- Failure to obey traffic laws: Like any other driver, a truck driver can be found liable for an accident if they were speeding, driving carelessly or distracted, or disobeying posted signs.
- Road unfamiliarity: New truck drivers, or drivers who’ve just been assigned new routes, can be unfamiliar with the roads they’re driving. Studies have shown that unfamiliarity is a factor in 22% of all truck accidents.
- Unpredictable weather: Especially in Louisiana, the weather can change on a dime. A sudden downpour or strong winds can cause even the most seasoned truckers to lose control of their vehicle.
Louisiana Is A Pure Comparative Liability State: What That Means
Truck accident injury cases can be complicated because of the number of parties involved. Possible liable parties can include the truck driver, the trucking company, the company that loaded the cargo, and others. In Louisiana, any number of these parties can be found liable for the wreck and your injuries through a doctrine called pure comparative liability.
Under pure comparative liability, each liable party is responsible for damages proportionate to their share of liability. That is, if the truck driver is found to be 25% liable, they would be responsible for 25% of the damages awarded. Under this system, the victim of the trucking accident can also be found partially liable.
Proving Negligence in a Trucking Accident Claim
In order to receive compensation for your trucking accident injuries, you must prove that the other party acted negligently in a way that directly contributed to your injuries. This means that you or your accident injury lawyer must prove the following:
- The trucking company, driver, or other party owed a reasonable duty of care to you
- That party failed to meet that duty
- The accident was a direct result of their neglect
- You sustained injuries or other damages from that accident
Depending on the case, proving these four facts can be difficult. That’s why it’s imperative to hire an experienced Louisiana truck accident lawyer as soon as possible after your accident.
Minimum Liability Requirements for Truck Drivers
Under federal law, all truck drivers must carry minimum liability coverage in case of an accident. In Louisiana, those amount to the following:
- For trucks weighing less than 10,000 pounds carrying non-hazardous freight, the minimum requirement is $300,000 of liability insurance
- Trucks weighing over 10,000 pounds (the majority do) are required to have at least $750,000 of insurance coverage
- If the truck is carrying hazardous cargo, that amount could be as high as $5 million
What Damages Can I Recover After My Louisiana Truck Accident?
After a trucking accident, you could be experiencing immediate, long-term damages to your physical and mental health, your ability to work, and more. An experienced truck accident injury lawyer can help you collect the following recoverable damages for your injuries:
- Property damage
- Pain and suffering
- Medical costs and hospital bills
- Lost wages and lost earning potential
- Loss of consortium
- and more
Of course, the damages you’re able to recover depend on the particulars of your case. An injury lawyer can help you figure out what damages you’ve suffered, and what fair compensation is for them.
The Importance of an Experienced Louisiana Truck Injury Lawyer
If you’ve been injured in a trucking accident in Louisiana, you need an experienced lawyer to help you collect evidence, negotiate with insurance, and even take your case to court. The truck accident lawyers at Gordon McKernan Injury Attorneys have over 679+ years of combined legal experience litigating Louisiana truck accidents. You can trust that we can help you get the maximum amount of compensation to which you’re entitled.
As soon as you can after being in a truck accident, give Gordon a call at 888.501.7888 for a free consultation about your case. We’ll get started right away on your case, and we won’t charge you a dime until we win.
