When a truck driver in Baton Rouge goes too long without rest, they can easily become fatigued and cause an accident. The Federal Motor Carrier Safety Administration (FMCSA) has regulations in place regarding how long a trucker can work at a time and how often they need to take breaks. Any violation of these regulations can increase the danger a truck poses on the road.
If you believe that the truck driver in your accident was negligent, they could be liable for your resulting expenses and losses. You have a right to seek compensation for costs that were not your fault. Call today for a free consultation about your case. Reach a team member now at (225) 341-5694.
You Have Limited Time to File a Personal Injury Claim
If you believe that the truck driver caused your accident and subsequent injuries, you can file a personal injury claim. A claim could help you recover the costs you have incurred because of the collision. You could even seek compensation for noneconomic losses, like emotional distress and impacts on your life.
In Louisiana, you have one year to file a lawsuit after an accident, as stated in Louisiana Civil Code (CC) §3492. This is called the statute of limitations.
Missing the statute of limitations could mean that you are left with few options for seeking compensation. A lawyer can tell you how the statute of limitations will affect your case. Call the Morris Bart law firm at (225) 341-5694 for your free case review with a team member.
For a free legal consultation with a Fatigued Driver Truck Accident lawyer serving Baton Rouge, call 800-537-8185
How to File a Wrongful Death Lawsuit
Large trucks can easily be deadly to the driver of a car when involved in a collision. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 5,000 deaths from crashes involving large trucks in 2018.
Sometimes, a victim’s family has to file a claim because the victim died as a result of injuries suffered in a truck accident. In this case, the family of the victim would file a wrongful death claim. Family can include the children, spouse, parents, or siblings of a deceased victim. These cases are also subject to a one-year statute of limitations, according to Louisiana Civil Code (CC) §2315.1.
A wrongful death case can help family members recover the costs of treating their loved ones before they died. As a result of the accident, a person may have endured surgery, a hospital stay, and more.
Family members of a deceased victim can also seek compensation for other non-financial losses, such as loss of companionship. All of those costs can be included in a claim. If the accident was someone else’s fault, the family of the victim should not have to pay for the costs of the accident as well.
An Accident Lawyer Can Help You Seek Compensation for Your Losses
A personal injury claim or lawsuit is a way that a victim can be compensated for the effects of an accident that was not their fault. Accidents caused by negligence are avoidable, and the person responsible could be held accountable for their actions. You can seek to recover the costs associated with your accident, including:
- Medical bills for doctor visits, hospital stays, emergency room visits, medications, medical equipment, surgery, rehabilitation, and more
- Property damage to repair or replace your vehicle and any other property that may have been destroyed in the accident
- Lost wages from time you have already missed at work and time you may be forced to miss in the future
- Diminished earning capacity, which compensates if you are no longer able to earn the same income that you did before the accident
- Pain and suffering, inconvenience, emotional distress, and other non-economic losses
Every case is different. A lawyer can help you calculate an appropriate amount of money to request for your case. The Morris Bart law firm team can help you distinguish between expenses that can be included and those that cannot.
We can also help you build your case for liability on the part of the truck driver. Some of the things we may be able to do for you include gathering evidence, speaking with law enforcement, communicating with insurance companies, speaking to witnesses, and examining photos from the scene. We want to help you and your family move forward.
In the case of the fatigued driver, the driver could be liable. The company they work for could also be liable.
If the driver knew that they were becoming too drowsy to drive safely or refused to take scheduled breaks, that would make them negligent. If the trucking company set timelines for the driver who did not take into account rest periods or safe driving practices, they may be liable as well. We can determine for you who is at fault and how to seek compensation.
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Call Morris Bart, LLC Today
Negligence on the part of another driver is not your fault. A lawyer at our Baton Rouge office can guide you and your family through the process. Call us today at (225) 341-5694. We can assist you in your fight for compensation, and we offer a free consultation on your case. You will not owe us anything upfront.
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