If you or a loved one was injured in a Baton Rouge accident caused by a truck carrying an oversized load, you might be entitled to seek compensation for your damages. You could seek compensation for your vehicle damage, medical bills, and more.
A Baton Rouge oversized loads lawyer from the Morris Bart law firm may be able to help. Call us at (225) 341-5694 today for a free case evaluation.
Vehicles Carrying Oversized Loads Are Held to Safety Standards
According to the Louisiana Department of Transportation (DOTD), trucks carrying loads that exceed certain dimensions must obtain a special “oversized load” permit. A permit is required when a truck exceeds a certain weight, length, height, and width limits.
There are many different ways that an oversized load may cause a car accident. If the load is not properly secured, objects may fall from the truck onto the roadway below. This error causes a huge safety hazard. Vehicles may collide with fallen cargo or cause an accident while trying to avoid a collision. An oversized load that is not properly secured on the truck may also cause the truck to be off-balance. This imbalance can cause the truck driver to lose control of the vehicle and cause an accident.
Often, oversized load truck accidents are the result of a party’s careless or negligent actions. Liability for an oversize load truck accident may fall to several parties, including the:
- Truck driver
- Trucking company
- The party that loaded the cargo onto the truck
- The company that manufactured defective cargo securement equipment
- The company that manufactured faulty truck parts
- A government entity
- A third-party motorist
- Other parties whose negligent actions caused the accident
For a free legal consultation with a Oversized Loads lawyer serving Baton Rouge, call 800-537-8185
Pursuing Compensation for Truck Accidents Caused by Negligence
A truck accident involving an oversized load can lead to considerable injuries and even death. Through a personal injury claim, you may be able to seek financial compensation for the losses caused by your truck accident. However, to do so, you and your attorney will need to prove four main elements:
- The defendant, or party against whom you are bringing the claim, had a legal duty to act a certain way. This defendant may be the truck driver’s duty to comply with Louisiana laws regarding oversized loads, the trucking company’s duty to hire competent drivers, the loading company’s responsibility to properly secure the load or another type of duty.
- The defendant failed to uphold this duty.
- You or your loved one’s injuries were caused by the defendant’s negligence.
- You or your loved one suffered losses because of the injuries.
Compensation in an Oversized Truck Accident Claim
The compensation available in your case will depend on the types of injuries you or your loved one sustained, the financial harm caused in the accident, and other factors. You may be entitled to pursue compensation for:
- Medical expenses including ongoing medical costs, such as prescription medication or physical therapy
- Lost wages from time off work
- Reduced future earning capacity
- Property damage
- Loss of a deceased loved one’s financial support, companionship, and household services
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
A Baton Rouge Oversized Loads Lawyer Can Help
Truck accidents involving oversized loads can be much more complicated than a typical auto accident. There may be multiple vehicles involved in the collision, and determining how and why the accident occurred may be challenging. There are also specific rules and regulations that trucks hauling oversized loads are subject to follow. If the truck driver or trucking company violated these rules, this might be a key factor in your case.
A Baton Rouge oversized loads lawyer can investigate your accident, determine the cause, and calculate your damages. Our team can help you determine the liable party or parties and file a claim against the appropriate insurance companies. If a settlement cannot be reached, we can represent you during a personal injury lawsuit against the liable party.
Our team may use a variety of strategies to demonstrate the elements needed to seek compensation for you. We may utilize evidence from:
- Damage to guardrails, vehicle debris, and skid marks
- Photographs of the accident scene
- Red-light cameras
- Dash cameras
- The truck’s event data recorder or “black box”
- Police reports
- The driver’s drug and alcohol testing results
- The trucking company’s records, including dispatch records, truck maintenance and inspection records, hiring practices, and more
- The truck driver’s logbook and cellphone
- Accident reconstruction
- Your medical records
Call the Morris Bart law firm at (225) 341-5694 today to schedule your free case evaluation.
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Call Morris Bart, LLC Today for Help
If you were injured or a loved one was killed in a Baton Rouge truck accident involving an oversized load, contact the Morris Bart law firm for help. A Baton Rouge oversized loads lawyer can investigate the accident, work with experts such as accident reconstructionists, determine the compensation you may be entitled to seek, and then fight for your financial compensation.
According to Louisiana Civil Code (CC) §3492, there is typically a one-year statute of limitations on injury claims. If you do not file your claim before the statute of limitations expires, you may not be able to file your claim at all. Call our office at (225) 341-5694 today for your free consultation.
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