If you were injured in a truck accident involving a fatigued truck driver, you have the right to seek financial compensation for your injuries and losses. Louisiana statutes allow accident victims to pursue compensation based on the losses they incurred when another party caused an accident.
To find out if you may have a case against the truck driver and trucking company, the Morris Bart law firm can help. We provide free case assessments and will answer the questions you have about your rights and legal options.
Recovering Money Damages for Your Accident-Related Expenses
Among the strictest federal regulations imposed on commercial truck drivers are the hours of service rules. The goal of these rules is to prevent truckers from driving while they are overworked, tired, or dozing off behind the wheel. Still, these collisions occur. A driver can quickly make a mistake or fall asleep and cause a crash without their full capabilities.
If this happened to you, it might be possible to hold the truck driver and their employer responsible. You could recover money damages for the expenses and losses you incurred as a result.
Types of Compensation You Could Be Entitled to
With a strong case to show negligence and responsibility for the accident, you could recover compensation to cover:
- Your current and future treatment and care
- Lost wages and future impacts on your income
- Property damages to your vehicle and other items
- Miscellaneous expenses
- Pain and suffering
Families who lost a loved one can demand wrongful death damages via insurance claims or civil lawsuits, as well.
For a free legal consultation with a Driver Fatigue Accident lawyer serving Lafayette, call (337) 446-4571
Morris Bart, LLC Can Help You Hold a Fatigued Truck Driver Responsible for Your Lafayette Collision
Like other states, Louisiana allows accident victims to hold a commercial driver’s employer vicariously liable following some incidents. This likely applies in your fatigued driving truck collision.
Holding the Employer Accountable
When we represent clients hurt in this type of accident, we often rely on Louisiana Civil Code (CC) §2320 to hold the trucking company “answerable for the damage” our client sustained in the crash.
Filing a Lawsuit, if Needed
A Lafayette driver fatigue lawyer from the Morris Bart law firm helps clients build their case and file their claim against the trucking company and driver, seeking money damages for their losses. We also take these cases to court, if necessary.
Taking Your Case on a Contingency Basis
We are a contingency fee firm that helps thousands of accident victims like you every year. You can reach out to our team in Lafayette to learn if we may be able to help you.
In all, our team operates 15 locations in four states and was successful in recovering compensation for 6,500 clients in 2019.
The Timeline for Taking Your Lafayette Driver Fatigue Case to Court
We ask that you contact us after suffering injuries in your accident because you may have a case. The earlier we can get to work on a case for a client, the better. Some evidence becomes difficult or impossible to recover after weeks or months pass.
There is additional pressure to move quickly in these cases in Louisiana because the state has one-year statutes of limitations on personal injury suits and wrongful death suits (CC §3492 and CC §2315.2, respectively). Most accident victims only have up to one year to initiate their claims.
Missing this deadline could mean you will not be able to secure a financial recovery.
Drowsy and Fatigued Driving Is Dangerous—and Illegal
When it comes to tractor-trailer truck accidents, drivers have near-impossible schedules, with appointments so tight they may be tempted to skip required rest or sleep even when they are tired. The federal government stepped in to regulate this, demanding that drivers take breaks and get sleep.
According to the Federal Motor Carrier Safety Administration (FMCSA), truckers must log when they take breaks and sleep. They also must follow strict hours of service laws that require rest after spending a certain number of hours behind the wheel.
The FMCSA regulations prevent truckers from driving a big rig while taking medication that could cause drowsiness or fatigue. Doing so could harm them or others because of the risk of an accident. These medications can:
- Slow reaction time
- Weaken decision-making ability
- Cause the driver to fall asleep behind the wheel
Still, drivers sometimes do not sleep when required, and they may take medication or use alcohol even though it could impair their ability to drive. If you suffered injuries because of a tired trucker, contact us today. We will review your case for you for free.
Speak With an Attorney Today at no Cost to You or Your Family
Call the Morris Bart law firm today at (337) 446-4571. We provide free consultations and case assessments to truck accident victims throughout our service area. Let us review your legal options for pursuing a payout and holding the truck driver and their employer accountable.
Questions?Call (337) 446-4571
to find a Morris Bart office near you.