Getting into an accident with a big commercial truck can be a frightening and traumatizing experience. It can also leave accident victims with debilitating injuries and a mountain of medical and other bills through no fault of their own. According to the Insurance Institute for Highway Safety (IIHS), those who die in truck accidents are typically passenger car occupants, pedestrians, and other road users. If you suffered injuries or someone in your family passed away due to their injuries from a truck accident, you could have legal recourse and recover compensation.
The U.S. Department of Transportation (USDOT) determined that accidents with trucks commonly happen due to driver-related reasons, such as:
- Drunk driving
- Driving under the influence of drugs
- Distracted driving
However, sometimes truck accidents can happen for other reasons, such as a manufacturing fault or vehicle defect. If you are not at fault for your New Orleans accident, you could potentially take legal action against the at-fault party. A New Orleans truck accident lawyer can help with this.
Call Ben Crump Law, PLLC now for a free case review with one of our team members by dialing (800) 630-9229.
Liability in New Orleans Truck Accidents
Car accidents can be fairly straightforward to resolve, and the at-fault party is typically easy to determine. Truck accidents, on the other hand, can be exceedingly complicated and require a good understanding of the applicable state and federal regulations that apply to trucks and trucking companies. Establishing fault and liability may also require a thorough investigation into a company’s operating structure, service history of vehicles, and logbook records.
However, while it can be challenging to understand a truck accident, a victim could potentially collect compensation from several at-fault parties, depending on the specific accident case. A driver is not always the only responsible party in an accident. Indeed, there could be a number of defendants in a claim, including the trucking company, the company loading the cargo, or a vendor responsible for servicing and maintaining the vehicles. A lawyer will look at all potentially negligent parties in detail.
For a free legal consultation with a truck accidents lawyer serving Orleans, call (800) 630-9229
The Truck Driver
Accidents can happen for many driver-related causes. A driver may break the law, for example, when operating the truck intoxicated or speeding. While the truck driver is invariably in one way or another involved in an accident, they may not necessarily be at fault or may only be partly to blame for an accident.
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The Trucking Company
In any truck accident, the trucking company should be thoroughly investigated, as they have the overall responsibility for the hiring of drivers and ensuring that the entire business operates in accordance with federal and state regulations. If a company hired negligently, failed to train drivers properly, or tried to save money on repair and maintenance of their vehicles, they may be responsible for your accident.
A Third-Party Vendor
Trucking companies may outsource a significant part of their business to other vendors. This can include the servicing and repair of vehicles, the loading of any cargo, and even the hiring and training of their truck drivers. If a third party was cutting corners and acted negligently, they could also be on the hook for an accident victim’s damages.
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The Truck Manufacturer
In a few accident cases, the truck had a manufacturing defect which either caused or contributed to an accident. A truck manufacturer could potentially be held to account for any material defects that occurred during manufacture.
Truck accident cases can present a time-consuming task for a victim, and determining all liable parties can be tough. Even a truck accident lawyer has to invest a considerable amount of time and resources into analyzing a claim and litigating effectively. However, your New Orleans truck accident lawyer knows the applicable rules and regulations as well as how to best approach truck accident claims. A lawyer can also enlist the help of experts with the specialist knowledge needed to analyze truck black boxes and carry out other technical and complex tasks.
A Truck Accident Lawyer Can Fight for You
If you recently suffered harm in an accident with a commercial truck or a big rig in New Orleans, you are probably weighing your options and wondering whether you should hire a truck accident lawyer to help with a claim. Hiring a New Orleans truck accident lawyer may help in a number of ways.
First and foremost, having a lawyer in your corner to fight for your best interests and take care of all the paperwork needed to file a case can feel reassuring. However, there can be many other ways in which a truck accident lawyer can help you.
Identifying All Liable Parties
It is perhaps natural to assume that a truck driver has full responsibility for an accident. However, as we have seen, there could be several other liable parties. Your lawyer will leave no stone unturned in identifying those responsible.
Your truck accident lawyer will get to work immediately and try to gather any pivotal evidence before it can “disappear.” They will not only investigate the scene of an accident and interview witnesses but also launch an investigation into the trucking company’s operations. This can include looking at a driver’s background, training, and driving record. It may also entail scouring a truck’s service and maintenance records.
Assessing and Proving Your Damages
Accident victims may not know where to start when it comes to calculating what their case could be worth. Estimating future medical costs can also be challenging. A truck accident lawyer can calculate your monetary losses and non-economic damages, such as pain and suffering. They can also gather the necessary evidence, such as medical records needed to prove your damages.
Providing Legal Representation
In some cases, a lawyer can help to resolve a truck accident claim out of court. However, this is not always an option. If it comes to a trial, having professional legal representation in court can be helpful especially if the at-fault parties have legal teams of their own that will fight your claim. Your lawyer can protect you and represent you at trial.
Work with a New Orleans truck accident lawyer from Ben Crump Law, PLLC. Call now for your complimentary consultation with a member of our team by dialing (800) 630-9229.