Trucking accidents can result in devastating consequences, including severe injuries, significant property damage, and emotional trauma. If you or a loved one has been involved in a trucking accident, you understand the overwhelming challenges that follow like mounting medical bills and dealing with insurance companies.
At Dewey & Braud Law, our experienced team is here to provide compassionate support and fierce advocacy on your behalf. With our in-depth knowledge of trucking regulations and extensive experience in handling complex accident cases, we are committed to helping you pursue the justice and compensation you deserve.
Dial (225) 953-8330 now and schedule your free consultation.
Causes of Semi Truck Accidents
Trucking accidents can be some of the most dangerous wrecks on the road. These accidents can be caused by a variety of factors, many of which are unique to the nature of commercial trucking operations and the oversized loads they carry.
Some common causes of trucking accidents include:
- Driver Fatigue
- Distracted Driving
- Speeding
- Improper Loading
- Inadequate Maintenance
- Drunk Driving
- Tailgating
- Failure to Obey Traffic Laws
- Equipment Failure
How Is Liability Determined in Truck Accidents
Louisiana follows a pure comparative negligence system. This means that each party involved in an accident can be assigned a percentage of fault for the incident. Even if a driver is found to be partially at fault for the accident, they can still recover damages, but their total recovery would be reduced by their percentage of fault.
Several factors are considered when determining liability in truck accidents in Louisiana:
- Duty of Care: The first step is to establish the duty of care owed by the truck driver and other potentially liable parties. Truck drivers and trucking companies have a duty to operate their vehicles safely and in accordance with applicable laws and regulations.
- Breach of Duty: It must be demonstrated that the defendant breached their duty of care. This could involve actions such as speeding, driving while fatigued, or failing to properly maintain the truck.
- Causation: It must be shown that the defendant's breach of duty was the direct cause of the accident and resulting damages. This requires establishing a causal link between the defendant's actions or omissions and the harm suffered by the plaintiff.
- Damages: Finally, the plaintiff must prove that they suffered damages as a result of the accident. Damages may include medical expenses, property damage, lost income, pain and suffering, and other losses.
In truck accident cases, liability may extend beyond just the truck driver to other parties such as the trucking company, owner-operator, truck manufacturer, maintenance provider, or cargo loader.
Investigating truck accidents can be complex and may involve gathering evidence such as accident reports, witness statements, electronic logging device data, truck maintenance records, and driver logs. Consulting with experienced legal professionals who understand the nuances of truck accident cases in Louisiana is essential for effectively pursuing a claim and maximizing compensation for damages.
At Dewey & Braud, our dedicated team is ready to go to bat for you. Don’t go into this fight alone. Give us a call at (225) 953-8330 to discuss your case with an experienced personal injury attorney.
