If you or a loved one was injured or killed in a Baton Rouge 18-wheeler accident, you may be entitled to compensation for costs resulting from the accident, including medical bills, vehicle repairs, and lost wages. You may also be entitled to compensation for intangible losses, like pain and suffering and loss of consortium.
For help filing a claim, contact the Morris Bart law firm today at (225) 341-5694 for a free consultation.
Can You Sue for an Accident Involving an 18-Wheeler?
If you’re wondering whether you can sue for an accident with an 18-wheeler, the answer is: absolutely. You are more likely to have significant damage and severe injuries after a collision with an 18-wheeler than if you were in an accident with, say, a pickup truck.
You deserve compensation for your losses, and so, if you decide to sue, your best option is a personal injury lawsuit.
For a free legal consultation with a 18-Wheeler Accident lawyer serving Baton Rouge, call 800-537-8185
The Statute of Limitations on 18-Wheeler Accidents in Shreveport
The statute of limitations for truck accident injury or death claims is only one year in Louisiana, according to CC §3492. You must file your claim within one year of the accident to ensure the court will hear your case.
Therefore, it’s important not to delay. Contact a lawyer as soon as possible after your accident so you can ensure you have a comprehensive claim that is filed on time.
How do You Seek Compensation in an 18-Wheeler Accident?
Louisiana law allows individuals injured by another party’s negligent or wrongful actions to pursue compensation for costs incurred for injuries. Because of the number of parties who could be at fault for the accident, you have a few options when it comes to who to include in your lawsuit.
The Truck Driver
Some of the most common forms of truck driver negligence include:
- Drowsy driving
- Driving under the influence
- Failure to follow traffic laws, including running a red light
- Distracted driving, including texting while driving
- Reckless driving
The Trucking Company
The truck driver may not be the only liable party in your accident claim. In fact, s/he may not be at fault at all. The trucking company may be the party responsible if they failed to properly maintain the truck.
Negligence on behalf of the trucking company can include:
- A failure to properly maintain the truck when it needs servicing
- Skipped inspections
- Incorrectly loading freight or overloading the truck
- Encouraging drivers to violate their service hour regulations
- Hiring truck drivers who were inadequately trained, not properly licensed, or had a known history of drug or alcohol addiction
The Party Responsible for Loading the Truck
Truck freight must be properly secured to prevent the cargo from shifting during transport. Improperly loaded freight may tip over or move around in the trailer during transit.
This shifting weight can cause the truck to become unbalanced and hard to control. Freight may even spill out of the truck, causing deadly obstacles on the roadway.
The Manufacturer of Faulty Truck Parts
Defective brakes, tires, electrical systems, steering, hydraulic system, cargo securement equipment, or other truck components may be to blame for an 18-wheeler accident.
If a malfunctioning truck part caused your truck accident, liability for the accident might fall to the company that designed or manufactured the defective truck part.
Click to contact our Baton Rouge Truck Accident Lawyers today
Losses You Can Claim in an 18-Wheeler Accident Lawsuit
If you were hurt in an accident with an 18-wheeler, you can seek compensation for the costs you have incurred as a result, such as:
- Medical bills
- Future medical care related to your injuries
- Lost income
- Reduced income-earning capacity caused by a disability
- Damage to your vehicle and other personal property
- Non-economic losses, including pain and suffering and mental anguish
Call the Morris Bart law firm at (225) 341-5694 today for a free case assessment.
Fatal 18-Wheeler Accidents
18-wheeler accidents are more likely to result in serious injury and even death. If you have lost a loved one in an 18-wheeler accident, you may be able to bring a wrongful death claim against the liable party for the pain they caused you and your family.
You may be entitled to pursue compensation for:
- The loss of your loved one’s income and employment benefits
- Medical bills incurred as a result of the accident up until your loved one’s untimely death
- Your loved one’s pain and suffering
- The loss of your loved one’s emotional support and companionship
- Funeral and burial costs
- Vehicle damage
According to Louisiana Civil Code (CC) §2315.2, a wrongful death claim can be brought by the deceased’s surviving spouse or children. Speak with a Morris Bart lawyer to learn more.
How do You Hold the Negligent Party Accountable for the Accident?
Determining why a truck accident occurred and who is to blame can be difficult when attempting to recover compensation for an accident. Once the liable party(ies) have been identified, the next step is to prove their negligence led to your injuries or to your loved one’s death.
There are four main elements that we must be able to prove when pursuing compensation on your behalf:
- The liable party has a legal duty of care.
- The liable party breached this duty by acting negligently or carelessly.
- Your injuries or your loved one’s death was caused by the defendant’s negligent actions.
- You sustained losses as a direct result of your injuries or your loved one’s death.
Evidence We Can Use to Strengthen Your Case
A lawyer from the Morris Bart law firm can help you obtain evidence to support your claim and strengthen your case. Some examples include:
- The location of skid marks and vehicle debris
- Truck maintenance records
- The truck driver’s logbook, employment history, driving record, and drug test results
- The truck company’s policies and procedures
- Video footage from red-light cameras, dash cams, and traffic cameras
- Photographs of the accident scene
- Police reports
- Eyewitness statements
- Expert testimony from highway safety specialists, engineers, or accident reconstructionists
Contact Morris Bart Today to Discuss Your Claim
We can help make you whole again and hold the responsible 18-wheeler driver and/or their company responsible for the misery they have caused. Call our office at (225) 341-5694 today for your free, no-obligation consultation. We work on contingency, so you pay nothing unless we win. You have nothing to lose, so call now.
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