If you suffered injuries in a blind spot truck accident in East Baton Rouge Parish, it might be possible to hold the trucking company accountable for their driver’s negligence. A Baton Rouge blind spot lawyer from the Morris Bart law firm may be able to help. We provide complimentary reviews of truck accident cases.
You can speak with a team member from our Baton Rouge office for free today. Call the Morris Bart law firm in Baton Rouge now by dialing (225) 341-5694. You can learn more about your accident case and the legal options available to collision victims in truck accident cases.
Pursuing a Negligence Case Against a Truck Driver
Truckers and other drivers of large vehicles are responsible for checking their blind spots before moving, including pulling forward, changing lanes, turning, or backing up. It is important to ensure smaller vehicles, pedestrians, and objects are not in the way. Drivers may use additional mirrors, cameras, and other tools to help them see these areas more clearly.
While drivers must carefully and dutifully check their blind spots to prevent an accident, there are several ways the Federal Motor Carrier Safety Administration (FMCSA) recommends other motorists behave when driving near trucks to help the driver know they are there. This includes:
- Paying extra attention to a large vehicle when passing
- Leaving extra space between you and a large truck in front of you
- Avoiding the driver’s blind spots when they are trying to turn, back up, or change lanes
- Ensure you can see the driver’s mirrors
If a truck driver hit you because of a blind spot, you may have serious or even catastrophic injuries. This type of accident can cause override collisions, sideswipes, and more. You could face several weeks or even months of treatment, rehabilitation, and other necessary care, which may result in missing work and financial stress.
For a free legal consultation with a Blind Spot Accident lawyer serving Baton Rouge, call 800-537-8185
Assigning Liability in a Baton Rouge Truck Accident Case
A Baton Rouge blind spot lawyer from the Morris Bart law firm understands the statutes that apply to your truck accident case and how to navigate the claims process on your behalf. We may be able to build cases for our truck accident clients based on Louisiana Civil Code (CC) §2320. This statute allows us to hold the truck driver’s employer vicariously liable for the driver’s role in causing your injuries.
This section of Louisiana law requires us to prove:
- The truck driver acted carelessly or negligently and caused your accident.
- The driver was on the clock and working for the employer at the time of the accident.
- You suffered physical and financial losses.
If we can provide evidence to support these three things, it may be possible to hold the trucking company accountable. This evidence allows us to file the insurance claim against the company’s corporate liability insurance policy, which will likely have higher payouts than an individual driver’s auto policy.
Pursuing Compensation in a Baton Rouge Blind Spot Accident
It is sometimes possible to negotiate an out-of-court settlement with the insurance carrier representing the trucking company. The insurance company may agree to a payout that provides fair reimbursement of your expenses and losses. When they refuse an agreement, allege you contributed to the accident, or deny the claim, it may be necessary to take the case to trial.
Either a settlement or a court verdict could result in financial recovery that includes compensation for:
- Current treatment and injury-related care
- Future medical care related to your injuries
- Current and future lost income and benefits
- Diminished earning capacity for lasting injuries
- Damage to your vehicle
- Pain and suffering
- Intangible losses
It may be possible for qualifying family members to recover wrongful death damages via insurance claim or civil suit, as well. These damages could reimburse the immediate family for their losses related to their loved one’s death following a blind spot truck accident. Our team can review your family’s wrongful death case and explain your legal options during your initial consultation.
Statute of Limitations on Filing a Civil Suit in East Baton Rouge Parish
If we need to take a case to trial in East Baton Rouge Parish, we have a strict timeline we must adhere to, according to CC §3492. Missing the deadline set by the state’s statute of limitations could mean losing the right to take legal action. A missed deadline could put your payout in jeopardy, making it difficult or impossible to secure just compensation.
Under Louisiana law, an accident victim generally only has one year from the accident date to file a civil suit and name the trucking company, driver, and other parties as defendants.
Discuss Your Case for Free with a Member of Our Team Today
A Baton Rouge blind spot lawyer from the Morris Bart law firm may be able to help you hold the trucking company accountable and seek compensation in your case. Call the Morris Bart law firm serving Baton Rouge now at (225) 341-5694. We have team members standing by to discuss your accident and injuries and explain your rights based on the facts of your case.
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