Colliding with a tractor-trailer can cause debilitating injuries. When this happens to you, bring the at-fault party to justice by filing a civil claim against them with the assistance of a qualified New Orleans truck accident attorney.
Few auto accidents are as catastrophic as that of a trucking wreck. It’s likely that you’ll suffer severe injuries that will keep you out of work for a significant amount of time. Whoever is found to be liable for the cause of the accident should be responsible for compensating you for every single damage you sustained.
Making the decision to move forward with a lawsuit is intimidating, but a New Orleans truck accident lawyer at Braud & Gallagher will be by your side every step of the way. We’ll investigate the cause of your accident and quantify your damages accordingly so that you can spend your time focusing on your recovery.
Common Injuries in Trucking Accidents
The injuries that victims of a big rig crash endure are generally severe and often even result in death. The massive size of a tractor-trailer is sure to cause significant damage in almost all cases. Some of the most frequently seen injuries in truck accidents include:
- Third-degree burns
- Broken bones
- Traumatic brain injuries
- Post-traumatic stress disorder
- Spinal cord injuries
As with all serious injuries, you could be looking at months or even years of physical and/or occupational therapy, during which time you may be unable to work. Without the ability to earn a living, your entire family could wind up in a dire financial situation. That’s why it’s important to get your claim filed so that the at-fault party can compensate you for all you’ve been through.
The Blame for Big Rig Collisions
There are many individuals who contribute to the safety and maintenance of a tractor-trailer, and each of them could have played a part in the cause of your accident if they weren’t taking their job seriously.
In most cases, the truck driver will be found liable. This could be due to driving aggressively, distracted driving, driving while fatigued, or operating the 18-wheeler under the influence of drugs or alcohol.
However, in some cases, the driver did everything they could to prevent an accident, and there is something or someone else who caused the wreck. These entities might include the trucking company, the owner of the truck, cargo loaders, safety inspectors, and even the manufacturer of the truck in question.
Your attorney will be able to ascertain who is culpable for your losses after conducting a complete investigation. You can rest assured that if there are multiple liable parties, we’ll bring a claim against each of them so that you can obtain maximum compensation for your losses.
Tractor-Trailer Wreck Laws You Need to Know
In Louisiana, there are very specific laws that may influence the outcome of your case, including the state’s contributory negligence laws and the statute of limitations. We go into further detail about each of these laws and how they will impact your claim below.
Contributory Negligence Laws
Many injury victims won’t move forward with their claims because they know that they are partially responsible for the cause of the accident. However, Louisiana law states that victims can still pursue a claim even if they contributed to the cause of the accident, as per the comparative negligence statute.
In a situation like this, you can expect your percentage of culpability to be deducted from your final award. A good example would be that if you were awarded $250,000 but were found to be 25 percent at fault, you would actually be awarded a sum of $187,500.
The Statute of Limitations
In addition to state negligence laws, you need to make sure that your claim is filed before the statute of limitations runs out. For trucking accident claims, this would be one year from either the date of the accident or from the date on which you were diagnosed with an injury relating to your involvement in the collision.
We cannot stress enough how important it is to file before the statute of limitations expires. If you attempt to pursue your claim after time has run out, the courts will refuse to hear your case.
Pursue the Compensation You Deserve
When you want to ensure that every single cost is considered when your lawyer is calculating the value of your claim, you’ll need to consider every way your life has been affected by the injuries you sustained. The following types of damages are frequently seen in trucking accidents:
- Pain and suffering
- Lost wages
- Loss of enjoyment of life
- Property damages
- Loss of companionship and love
- The effects of scarring or disfigurement
- Medical expenses
- Mental anguish
What’s more, if the defendant in your case acted egregiously or was intending to cause your wreck, you can expect the judge presiding over your case to award you punitive damages. Although punitive damages will be beneficial for your claim, they were actually designed as a form of punishment for the at-fault party.
After reviewing your damages, your attorney will figure out how much your claim is worth and will never allow you to settle for less than you are rightfully owed.
Truck Accident FAQ
As if being involved in a collision with an 18-wheeler isn’t bad enough, now you’re burdened by the thought of having to file a claim in civil court.
We recognize that you may not be prepared to move forward with your case yet, which is why we’ve compiled some of the questions regarding trucking accidents that our clients have asked so that you can fully prepare for the next steps of your claim. We are also available by phone or online if you’d like to discuss your case in greater detail.
What if the truck is from out of state?
It doesn’t matter if the semi-truck is from another state; what matters is what state the accident occurred in. As long as the accident happened in Louisiana, we’ll be able to represent your case. Don’t worry about finding the liable party, either. As part of our investigation, we’ll determine who should be held accountable and where they are located so we can bring them to justice.
What if my child was injured?
If your child has been injured in a tractor-trailer wreck, you can bring a claim against whoever is responsible on behalf of your child. After all, being a minor doesn’t mean that your child isn’t entitled to compensation for their suffering.
Can we avoid going to court?
We might be able to avoid bringing your case to court, but sometimes going to court is the best option. If the insurer fails to meet our needs or if they give you an insultingly low settlement offer, bringing your case to court could be the right choice to ensure you get the compensation you deserve.
Reach out to a New Orleans Semi-Truck Wreck Lawyer
When you’re ready to put this trying time in your life behind you, consult with a highly trained New Orleans truck accident lawyer at Braud & Gallagher. We’ll do whatever it takes to get the money you need to pick up the pieces of your life.
We are proud to offer prospective clients a free case review where we can further discuss the details of your semi-truck accident case. You can schedule yours today by filling out the quick contact form at the bottom of this page or by calling our office directly at 1-800-256-5674.