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Personal Injury

Personal Injury

Who is Liable After a Commercial Vehicle Accident?

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If you have been hurt in a commercial vehicle accident and you were not at fault, you can file a claim against the negligent, or liable, party. If you are successful with your claim, you can recover damages for your medical expenses, lost income, and other losses. Before filing a claim, of course, you have to identify the liable party. Accidents involving commercial vehicles are vastly different from those involving passenger vehicles. Typically, when passenger vehicles are involved in a crash, it is fairly easy to determine what caused it and who is at fault. This is not the case when a commercial vehicle causes an accident. While the negligent party may be the driver of the commercial vehicle, there may be others to blame, as well. These parties may not even be at the scene of the crash. The Driver of the Commercial Vehicle Drivers of commercial vehicles can cause an accident just like any other motorist on the road. Commercial vehicle drivers often drive while impaired because they believe it will help them stay awake and meet their tight deadlines. Or, a commercial vehicle driver may violate the federal hours of service rule for the same reason. Commercial vehicle drivers also have many systems within their vehicles they have to manage, and they eat on the go, which may mean they drive while distracted. Regardless of the negligent act, if a commercial driver caused a crash, you can file a claim against them to recover compensation. Even if the driver of the commercial vehicle is liable, there are still often other parties you can file a separate claim against. The Company that Owns the Commercial Vehicle Companies that own commercial vehicles typically employ the drivers who operate them. As employers, companies of commercial vehicles can be held liable for the actions of their employees. Due to this, even when the commercial driver acted negligently, the company can still be found at fault. Companies that own and operate commercial vehicles also sometimes provide incentives to their employees if they are willing to violate federal law. For example, a company may provide a bonus to a driver who is willing to stay on the road longer than the law allows or to alter log books to show false information. Companies may also fail to follow the law themselves, such as neglecting to have their vehicles properly inspected and maintained, which can cause a serious crash. Companies may also hire drivers without making sure they are experienced and qualified, or they may not provide drivers with proper training. When any of the above are true, the company that owns the commercial vehicle can be held liable. Going up against these big companies is never easy. It is always recommended that you work with a Baton Rouge truck accident lawyer who can subpoena records and use other legal tools to collect evidence to support your case. Manufacturers All manufacturers have a legal duty to make sure their products are free of defects and safe to use, including those that make commercial vehicles and the parts within them. Unfortunately, manufacturers often take shortcuts to increase their profits, and when they do, the equipment they create contains defects. Determining when a manufacturer is liable for an accident is not easy. Additionally, going up against big manufacturers can be even more challenging than filing a claim against the company that owns the vehicle. A lawyer will know how to prove defective equipment caused a crash and how to hold the manufacturer liable. Mechanics and Repair Shops Sometimes, companies will make sure their commercial vehicles are properly inspected and issue maintenance orders or submit service requests for them. At this point, the company has fulfilled its legal obligation to provide a duty of care. However, any party that works on the commercial vehicle also has a legal duty to make sure they perform maintenance properly. When they do not and sloppy work results in an accident, mechanics and repair shops can be held liable. Cargo Loaders Third-party cargo loading companies are sometimes used when loading different goods onto a commercial vehicle. In many cases, the goods being shipped are toxic and dangerous. In these instances, cargo loaders have a duty to inform drivers of commercial vehicles about the nature of the dangerous materials. When they fail to do this, the cargo could spill and result in serious injuries. For example, if a commercial vehicle contains flammable liquids and it is not loaded and secured onto the vehicle properly, or the driver is not informed about the dangerous goods, it can result in a very serious accident. Burns, smoke inhalation, and other catastrophic injuries can result. In these instances, cargo loaders can be held responsible for paying any damages that result. Government Entities Sometimes, the liable party in a commercial vehicle accident is not the driver, owner of the vehicle, or even a manufacturer. In some cases, government entities are to blame for a crash. This is the case when a government entity fails to properly maintain roads, repair missing or broken signs, or implement a poor road design. When government entities are liable for an accident, you can still file a claim against them for damages. However, these claims have unique challenges. The timeline for filing a claim is generally shorter, and there are different procedural rules to follow. Our Truck Accident Lawyers in Baton Rouge Can Determine Liability If you or someone you love was hurt in a crash involving a commercial vehicle, our Baton Rouge truck accident lawyers are here to help. At Big River Trial Attorneys, our experienced lawyers will conduct a full investigation to determine which party is liable for paying damages and hold them accountable for paying the full and fair settlement that is yours. Call us now at (225) 963-9638 or reach out to us online to request a free consultation with one of our knowledgeable attorneys and to learn more about how we can help with your case.

Personal Injury

How to Find the Best Industrial Accident Lawyer for Your Case

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The aftermath of an industrial accident is a confusing and stressful time. Serious slips and falls, overexertion, falling objects, and exposure to harmful chemicals are some of the most common types of industrial accidents. These accidents can cause severe injuries, including traumatic head injuries, broken bones, spinal cord damage, and amputations. If you have been hurt in an industrial accident, you do have legal options. You may be able to file a personal injury claim against a manufacturer or third party who caused your injury. Or, you may be able to file a workers’ compensation claim. A Baton Rouge industrial accident lawyer can help, but how do you find the one best for your case? Follow the tips below. Why Hire an Industrial Accident Lawyer? Again, the days, weeks, and months following an industrial accident are very difficult. You will suffer a great deal of pain due to your injuries, have medical bills piling up, and may not be able to return to work. Working with an industrial accident lawyer can reduce a great deal of the stress you are feeling and will ensure you receive the full settlement you deserve. Below are just a few reasons why you may want to hire an industrial accident lawyer after an injury. Understand the laws that apply to your case: There are many laws governing industrial accidents. Workers’ compensation is available for many employees hurt in workplace accidents. Workers’ compensation only provides for your reasonable medical expenses and a portion of your lost income. Additionally, filing for workers’ compensation is not always possible. In these cases, it may be possible to file a personal injury claim against the negligent party that caused your injuries. An industrial accident lawyer will know the laws that apply to your case and make sure you understand them. Identify liable parties: It is not always easy to determine who is responsible for an industrial accident. For example, if you did not receive proper training on a certain type of equipment, your employer may be liable, but you may not realize that you were not trained properly. Or, you may not understand that a piece of equipment you used was defective and caused your injuries. A lawyer will identify who is to blame for your accident so you can take the next appropriate steps. Deciding whether to settle: The insurance company representing the liable party will likely offer you a settlement, perhaps even hours or days after the accident. These initial settlement offers are not typically enough to fully cover the cost of your injuries. A lawyer can review any settlement offer made by the insurance company and help you determine if it is fair and if you will need additional compensation in the future. Representation during a hearing or trial: Whether you need to attend a workers’ compensation hearing or your personal injury case goes to trial, you need sound legal representation. A lawyer will help you through these intimidating legal processes and give you the best chance of a successful outcome. Finding the Best Industrial Accident Lawyer in Baton Rouge for Your Case Now that you understand why it is so important to work with a Baton Rouge industrial accident lawyer, you must find the one that is right for your case. Below are the steps that can help you do it. Personal referrals: The best way to find an industrial accident lawyer is to ask trusted loved ones if they have ever worked with one in the past. If your friends and family members make recommendations, you do not have to work with that attorney, but it gives you a starting point for finding one. Online directories: You can use general directories, such as Google Business Profile, to find an industrial accident lawyer. However, you can also access professional directories, such as the one on the Louisiana State Bar’s website. Request free consultations: The vast majority of industrial accident lawyers offer free consultations. You can use these to briefly discuss your case and get a feel for a specific attorney and if you want them to handle your case. Set up a number of free consultations with attorneys and make a list of what you liked about them and any concerns you have. Ask about experience: One of the most important things is to ensure you are working with a lawyer who has experience specifically relating to your case. For example, while you need to make sure you are working with an industrial accident lawyer, you should also ensure they are familiar with your type of injury and the cause of it. Working with an experienced lawyer will make it easier for you to obtain the full settlement you deserve. Ask about fee structures: Different lawyers have different rates and fee structures. One is not necessarily better than the other, and you should never choose a lawyer based on their rates alone. However, you also need to make sure you know the rates and fee structures of any attorney you use so you are not surprised at any time during or after your case. Most industrial accident lawyers charge on a contingency fee basis. This means they only get paid if they win your case, and then, they will only receive a portion of your total settlement. Remain honest: You may think there are certain facts that are embarrassing or that they weaken your case. Still, it is important to discuss everything with your lawyer so they can prepare a strong strategy. Even if your case does have weak points, your lawyer needs to know what they are so they can work around them. Call Our Industrial Accident Lawyers in Baton Rouge Today At Big River Trial Attorneys, our Baton Rouge industrial accident lawyers can answer all of your questions, advise on the best strategy for your case, and give you the best chance of a successful outcome. Call us now at (225) 963-9638 or contact us online to request a free consultation and

Personal Injury

Common Causes of Industrial Accidents

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An industrial accident can be devastating for workers, their families, and the surrounding community. It is important to understand what causes these accidents so they can prevent them from happening in the future. Below, our Baton Rouge industrial accident lawyer explains the most important causes of industrial accidents. How Does the Atmosphere Cause Industrial Accidents? The very atmosphere within a workplace can often cause industrial accidents. The main causes of these are as follows: Insufficient lighting:Lighting may not seem all that important when it is working properly and when there is enough light in the workplace. Insufficient lighting, though, can cause slips, falls, and other accidents that result in serious injury. Ambient temperature: Again, when the temperature is comfortable, workers may not give it a second thought. However, overheating is very common in industrial spaces because the machinery can emit a great deal of heat, and the physical work can be very hard. If a workplace is too cool, it can also result in hypothermia or frostbite. Contaminated air: When a workplace is not properly ventilated, the air can become contaminated. Breathing in this contaminated air can cause issues with the respiratory systems of workers. Noise: With heavy machinery, large equipment, and a number of workers in industrial spaces, it can become very noisy. Certain workers should always have proper ear protection in place to ensure they do not become injured. Hazardous materials: Industrial spaces often contain toxic chemicals and substances and can have long-term health effects if they are not properly handled. In the worst of cases, exposure to hazardous materials can result in death. How Do Machines Cause Industrial Accidents? Mechanical issues can lead to the breakdown of machinery and equipment, resulting in an accident. Generally speaking, these types of accidents are preventable when appropriate safety and support systems are in place. Some of the most common causes of these types of accidents are as follows: Damaged or defective machinery: When machinery and equipment are made with low-quality materials, it can easily become damaged or may be defective even when it is brand new. Power issues: Power failures and power surges can cause serious injuries such as shocks and electrocutions. Blasts and fires: Fires are often required in industrial workspaces to keep broilers and other equipment running. Hot surfaces can also contribute to blasts and fires. Not only will industrial workers suffer serious burns if they come into contact with a blast or fire, but they can sustain other serious injuries, as well. Smoke inhalation and inhaling toxic fumes, such as carbon monoxide, are just two of these. Worn machinery: As machinery and equipment ages, the parts that make them function can become worn and break down. This can result in very serious injuries such as crushed bones, amputations, and more. How Do Employers and Employees Cause Industrial Accidents? Mistakes made by employees and employers can cause a very serious industrial accident. Some of the most common human errors that result in industrial accidents include: Negligence: There are many negligent acts that cause industrial accidents. Employees may not communicate with each other, or employers may not provide sufficient training. This can result in accidents with machinery and equipment that cause some of the most serious injuries. Unkempt workspaces can also result in slip and fall accidents and result in strains, sprains, fractures, bumps, cuts, and scratches. Fatigue: Industrial work is very hard physical labor. Workers can easily become tired, which may result in mistakes being made. Even a small mistake can cause serious injuries, such as crushed bones and traumatic head injuries. Workers should always make sure they are fully rested before working, and employers must provide them with sufficient breaks to prevent fatigue. Dehydration: Due to the difficult conditions industrial employees work in, it is easy for them to become dehydrated. Employers should always make sure workers have sufficient access to water and other fluids to prevent dehydration. When a person becomes dehydrated, they may suffer from heat cramps, heat exhaustion, and even heatstroke, which can be fatal. Our Industrial Accident Lawyers in Baton Rouge Can Help After Injury There are many common causes of industrial accidents. If you have been hurt, it is important that you identify what caused your accident so you know how to move forward and obtain compensation. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyers can advise you of your legal rights and make sure they are protected so you can receive the full compensation you are entitled to. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to learn more.

Personal Injury

What Happens if You are in an Accident in a Company Vehicle?

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There are many different types of commercial vehicles. While some often automatically think of transport trailers and other large vehicles, standard cars are also commercial vehicles when they are company cars. Driving a company car has many benefits. You can save your own vehicle from wear and tear, you may not even have to pay for gas, and you are saved the burden of paying for insurance premiums. Unfortunately, company vehicles can get into an accident just like any other car on the road. However, the aftermath of a crash in a company car can become much more complex. Are you liable for the damages, or will your employer pay for your lost income and medical expenses? Below, our Baton Rouge commercial vehicle accident lawyer explains further. Employers are Generally Liable After a Company Vehicle Accident In most cases, employers are liable after a company vehicle accident. When an employee acts negligently and causes an accident, it is the employer’s auto insurance company who will pay for damages. You may also be eligible to file a workers’ compensation claim if you are injured and have to miss work due to your injuries. There are exceptions to when the company’s auto insurance policy will provide coverage after an accident with the company vehicle, however. They are as follows: You were not acting within the scope of your employment at the time of the crash, You were in violation of the law or your company’s policies, and that violation led to the crash, or You are not classified as an employee but rather as an independent contractor. The above three points are examined further below. Acting Within the Scope of Your Employment Employers have a responsibility to purchase auto insurance for any company car. These insurance policies cover any accident that happens while an employee is acting within the scope of their employment. What does this mean exactly, though? When you act within the scope of your employment, your actions benefit your employer. For example, if you are driving to the store to pick up supplies for the workplace or you are running other errands for your employer, those actions are for the benefit of your employer. On the other hand, if you use a company vehicle to travel out of town for personal reasons, run your own errands, or do anything else that does not benefit your employer, you are not acting within the scope of your employment. If you were not acting within the scope of your employment, your employer’s auto insurance will not cover the damages, even if the crash occurred during work hours. Violation of the Law or Company Policy Employers are vicariously liable for the negligent actions of their employees. This means that when an employee acts carelessly, and someone becomes hurt as a result, the employer can be held liable. There is an important exception to the vicarious liability law. Employers can deny liability if the employee violated company policy, and that violation is what caused the crash. Company policies typically require employees to act in accordance with the law and to avoid acting negligently when they are driving the company car. This means that when an employee drives while impaired by alcohol, texts while they drive, or otherwise breaks the law, the employee can be held personally liable. Employees vs. Independent Contractors The employment status of a worker can also determine whether an employer or employee is liable for damages after an accident in a company car. Employers are only liable for the actions of their employers. They are not liable for the actions of independent contractors. If you are classified as an independent contractor and get into an accident with the company car, you may be liable for any injuries or property damage you caused. Additionally, you may also be liable for any damage to the company car. If you are an independent contractor, it is critical that you ask whether the company vehicle has a commercial auto insurance policy and any coverage that would apply to you. Independent contractors are also ineligible for worker’s compensation after being injured in a company vehicle. Our Commercial Vehicle Accident Lawyer in Baton Rouge Can Protect Your Rights If you have been hurt in an accident with a commercial vehicle, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge commercial vehicle accident lawyer can review the facts of your case and help you determine which strategy is best for you to receive the compensation you are entitled to. Call us now at (225) 963-9638 or contact us online to request a free consultation.

Personal Injury

How Long Does a Truck Accident Settlement Take?

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A truck accident can leave you with serious injuries that prevent you from going to work, enjoying the things you once did, and even performing basic daily tasks. If someone else’s negligence caused your crash, you may be able to file a claim against them for compensation. One of the most common questions our Baton Rouge truck accident lawyers hear is how long it will take for victims to obtain the full compensation they deserve. No one can say exactly how long your case will take. A lawyer can provide an estimate of how long your case will take, and there are other guidelines you can use, as well. These are explained in more detail below. The Process of Gathering Evidence In order to prove your truck accident claim, you must present strong evidence. Police reports, photographs, and statements from eyewitnesses are just a few types of evidence used in accident cases. In truck accident claims specifically, there are additional forms of evidence you may need to obtain, such as log books and maintenance records from the trucking company. Collecting these pieces of evidence could require more time. Determining Liability Determining who is liable, or at fault, for a truck can be more complicated than when a crash involves smaller passenger vehicles. There are multiple parties who could be at fault for a collision involving a commercial truck, and they may not all be at the accident scene. Some of the most common liable parties in truck accident cases are as follows: The truck driver The trucking company The manufacturer of the truck or the truck parts Truck inspectors or mechanics Government entities Your Own Degree of Fault Louisiana is governed by pure comparative fault law. Under this law, you can still file a claim for compensation even if you are found to be 99% at fault for the crash. However, any damages you receive will be reduced by your own degree of fault. For example, a truck driver may improperly change lanes at the same time you are speeding. The truck driver may be found 80% at fault for failing to check their blind spots, while you may be found 20% at fault for driving over the speed limit. If you received $100,000 in damages, they would be reduced by 20%, leaving you with $80,000 in compensation. Insurance Investigations As with any other auto accident, the insurance company representing the negligent party will conduct a full investigation to determine fault and how the crash happened. This can take quite a bit of time. Additionally, trucking companies often purchase separate policies for their drivers, trailers, rigs, and hauling equipment. When a case involves multiple insurance companies, it can take even longer to receive the settlement you deserve. Still, it is important to identify all liable parties so you claim full damages. The Nature of Your Injuries Truck accidents will cause some of the most serious injuries, such as broken bones, internal injuries, and even amputations and paralysis. The nature and severity of your injuries will play a large role in how long your truck accident claim takes to settle. You should never resolve your claim until you have reached maximum medical improvement (MMI), or at least know what your future treatment needs will be. This means your injuries will not become any worse, but they also will not get any better, or your compensation will include the amount needed for your future care Only once you fully understand the losses you have incurred are you in a position to put a monetary value on your injuries. The Statute of Limitations As in all other states, you only have a certain amount of time to file a truck accident claim. In Louisiana, if you do not file your claim within one year of the crash, you will be barred from collecting any compensation at all. There are some exceptions to the statute of limitations, but they are very limited. It is important to note that your claim does not have to be resolved within one year but it does have to be filed with the court within that time. There may be instances where you can file your claim after one year in another state even though your crash was in Louisiana. Our Truck Accident Lawyers in Baton Rouge Can Help You Know How Quickly to Settle Your Claim At Big River Trial Attorneys, our Baton Rouge truck accident lawyers will take the necessary time to settle your claim so you obtain the maximum damages you deserve. Still, we know how to proceed with these claims in a timely and efficient manner so you receive the compensation you need to cover the expenses related to your injuries. Call us now at (225) 963-9638 or contact us online to request a free review of your case and to get more information.

Personal Injury

Overexertion Injuries Happen Over Time in Industrial Environments

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Industrial accidents often happen in an instant. Electrocutions, toxic chemical exposure, and falling objects are just some of the most common causes of industrial accidents that happen very quickly. However, not all injuries from industrial accidents appear right away. Sometimes, injuries in industrial spaces are not caused by an accident at all. They are simply the result of the duties industrial workers perform. Overexertion is one such injury. While injuries such as overexertion happen over time, workers can still often file a claim for compensation. Below, our Baton Rouge industrial accident lawyer explains more about this type of injury. Understanding Overexertion Injuries Overexertion occurs when a person pushes themselves too hard. Overexertion can happen when a person works too hard physically, or when they mentally push past their capabilities. Everyone has their own physical and mental limits, but there are some people who are more at risk of suffering from overexertion. Older individuals, people suffering from certain health conditions, and those who work in certain environments are more prone to overexertion injuries. In industrial workplaces, overexertion injuries are very common. This is due to the fact that industrial workers often have to lift, push, pull, and hold or carry heavy objects as part of their job. Common Causes of Overexertion Injuries Overexertion injuries can happen gradually over time, or they may happen right away. Some of the most common causes of overexertion injuries are as follows: Repetitive movements: Repetitive movements happen when a muscle or joint is active for a long period of time. The repetition puts strain on the body, which can result in discomfort or pain. Working on an assembly line, typing or writing, and using a computer mouse are some of the most common types of overexertion injuries caused by repetitive movements. Improper technique: Improper technique refers to when a task or activity is done incorrectly. This places stress on the bones, muscles, joints, and connective tissues, causing an overexertion injury. A few common examples of improper technique include sitting with poor posture, lifting items improperly, and standing in awkward positions. Sudden body movements: Forceful, sudden movements can also result in an overexertion injury. Industrial workers often have to twist, bend, push, pull, reach, and throw. Any of these sudden movements can result in an overexertion injury. Prolonged activity: Regularly engaging in an activity without sufficient breaks causes the body to become fatigued. Working on an assembly line or doing other strenuous work for a long period of time can cause an overexertion injury. Working many days in a row without a day off can also cause an overexertion injury. Prolonged activity can cause physical injury, but it can also result in mental injuries. Preventing an Overexertion Injury While overexertion injuries may seem unavoidable, that is not true. There are many steps workers and employees can take to prevent overexertion injuries. These are as follows: Follow safety regulations: Employers in industrial settings must make sure they follow the safety regulations outlined by the Occupational Safety and Health Administration (OSHA). Employers should also train workers to follow these safety regulations and ensure everyone complies with them at all times. Understand risks and limitations: All workers should understand the risks they face on the job and how to avoid them. Employees should also be aware of their own limitations so they do not suffer an overexertion injury. Take frequent breaks: All workers should take regular breaks to prevent overuse of muscles and joints. Employers should always make sure employees take adequate breaks and that they have regular days off so they can rest. Know the signs of injury: Early detection is always important any time someone suffers an injury. Spotting the signs of an overexertion injury early is important so the body can get some rest and mitigate the severity of the injury. Steps to Take After an Overexertion Injury Whether you can file a personal injury claim or a workers’ compensation claim after an overexertion injury, it is critical that you take the right steps afterward. The steps you take now can either help or hurt any future claim you may file. The most important steps to take include: Tell your employer immediately: Most workplaces will have a form you should fill out after any type of injury. When an overexertion injury is due to repetitive use, such as carpal tunnel, incident reports may not be necessary. Still, it is important to report the injury so it is documented in the workplace. Seek medical treatment: If your injury is an emergency, you should call 911 or have someone else onsite call. If it is not an emergency, you should still leave work and visit an emergency room immediately. Getting immediate medical treatment will ensure your injuries do not become worse and it will also document them to prove your case. Document how the accident occurred: Regardless of what type of claim you file, it is critical that you are able to provide as much detailed information as possible about how the accident occurred. It is important to document how the accident occurred as soon as possible. Over time, your memories may fade and you may forget important details. Document how your injury has impacted your life: An overexertion injury may prevent you from enjoying the things you once did, performing basic daily tasks, and going to work to earn a living. It is important to document these losses so you can obtain the full amount of compensation you need. Our Industrial Accident Lawyers in Baton Rouge Can Help With Your Injury Claim If you believe you have suffered an overexertion injury, our Baton Rouge industrial accident lawyers at Big River Trial Attorneys can help. Our experienced attorneys can advise on which type of claim to file, protect your health, and uphold your rights so you obtain the full and fair compensation you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation and to learn more about

Personal Injury

Most Common Types of Commercial Truck Accidents

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According to the Federal Motor Carrier Safety Administration (FMCSA), heavy commercial trucks account for over 13% of fatal accidents on the roads. This is an alarming statistic, considering that these vehicles make up fewer than five percent of all registered vehicles throughout the country. In over 70% of cases, the victims of these crashes are occupants of smaller vehicles and not those in large trucks. While we do need large commercial trucks on the roads and highways, as they play an important role in the economy, there is no denying that they do in fact, pose a danger to others. Below, our Baton Rouge personal injury lawyer outlines the most common types of accidents and why they occur. Truck Rollovers Truck rollover accidents are some of the most terrifying and catastrophic types of crashes. Transport trucks have a much higher center of gravity than standard passenger vehicles. Truckers must exercise extra caution when they make sudden swerves or make a tight turn. When truck drivers do not drive safely, the trailer may flip, causing the entire truck to roll over onto its side. This creates a deadly and dangerous hazard for anyone in the near vicinity of the truck. Truck drivers may cause a rollover accident when they drive while they are distracted, speed, or are impaired by alcohol or drugs. However, truck drivers are not always responsible for these types of crashes. For example, if a third party improperly loaded cargo onto the truck, that could throw the entire vehicle out of balance and cause the truck to roll over. Rear-End Accidents When two passenger vehicles are involved in a rear-end accident, the resulting damage is usually quite minor. However, when a large and heavy commercial truck rear-ends a smaller vehicle, the damage is much more catastrophic. In these cases, passengers in smaller cars can become crushed upon impact. Truck drivers can cause a rear-end accident when they are distracted, following too closely, speeding, or exhibiting other dangerous driving behaviors. Truck drivers must ensure they observe the recommended following distances by the FMCSA to keep everyone safe. Head-On Collisions Head-on collisions are typically fatal even when they involve two small passenger vehicles. Fatalities are much more likely when a head-on collision involves a large commercial truck. Truck drivers can cause a head-on collision in a number of ways including driving while impaired or fatigued. Tire blowouts can also cause a head-on collision if the trucker loses control of their vehicle and these are not always the fault of the driver. Manufacturers who create defective tires can also be held liable in these cases. A head-on collision can occur anywhere on the roads, but there are some places that are more common than others. These include stop signs, red lights, and intersections. In these areas, head-on collisions often occur because a truck driver has failed to yield the right-of-way. Jackknife Accidents A jackknife accident can happen when a commercial truck with joints between the trailer and the tractor makes improper braking maneuvers or turns and the force causes the trailer to swing wide and create a folding jackknife shape. This type of accident is especially hazardous due to the fact that a skidding trailer is highly unpredictable and can strike vehicles in the nearby vicinity. Those vehicles can be further carried along as the trailer forces its way through traffic. Improper braking is the most common cause of jackknife accidents. In these instances, the trailer does not slow down as quickly as the tractor. The trailer then fishtails and can slide to one side, causing a jackknife accident. Improper turns can also cause these types of accidents. Even if a trailer jackknifes and the driver avoids crashing into other vehicles before coming to a complete stop, oncoming traffic may crash into the trailer, which can result in a multi-vehicle accident. T-Bone Accidents A T-bone accident occurs when a heavy commercial truck crashes into the side of another vehicle. These crashes typically occur when truck drivers run red lights, do not yield the right-of-way, or ignore stop signs. T-bone accidents most commonly occur at intersections. A T-bone accident will be most devastating for occupants of smaller vehicles, particularly those that are in the direct path of the truck. Smaller vehicles are not as able to absorb the impact as other vehicles and so, occupants will typically suffer catastrophic injuries. Sideswipe Accidents Sideswipe accidents are very similar to T-bone accidents, but there are some differences. Typically, vehicles involved in a sideswipe accident were traveling side by side at the time, and it is the sides of the vehicles that crash together. Sideswipe commercial truck accidents are usually caused by negligent truck drivers who do not check their blind spots before merging or changing lanes. The blind spots on trucks are extremely large. Still, truckers are expected to know how to check them and make sure other vehicles are not in these areas before changing lanes. Intense wind, tire blowouts, road obstacles, and inclement weather can all also cause a truck driver to lose control of their vehicle, causing a sideswipe accident. Regardless of what causes a sideswipe accident, occupants of slower vehicles are often severely injured because they are thrown into other lanes of traffic. Wide Turn Accidents Truck drivers must maneuver right turns far more carefully than left turns, as right turns are very difficult for large trucks. In some instances, truck drivers may swing out to the left before making a right turn, to avoid the squeezing action right turns create. However, this can be a problem for vehicles in the neighboring lanes. The FMCSA states that truckers should travel straight through to the further lane of the road onto which they are turning. They should then maneuver right into the closest lane available. Still, this instruction requires truckers to travel very carefully and cautiously to avoid a crash. Our Personal Injury Lawyer in Baton Rouge Can Help After Any Crash Regardless of the type of truck accident you

Personal Injury

Should You File Workers’ Comp or a Personal Injury Claim After an Industrial Accident?

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Industrial accidents are those that involve hazardous materials and can have serious consequences for not only those directly involved but also others who were just in the surrounding area. Oil rig accidents, crushing between equipment accidents, and exposure to toxic materials are just some of the most common types of industrial accidents. By their very nature, industrial accidents most commonly happen in the workplace. Due to the fact that industrial accidents happen to employees, it can be difficult to determine whether to file a workers’ compensation claim or a personal injury claim for compensation afterward. Below, our Baton Rouge personal injury lawyer explains further. What is a Workers’ Compensation Claim? In the majority of workplace accidents, the only remedy employees have is to file a workers’ compensation claim. Through a successful workers’ compensation claim, employees can recover all of their reasonable medical expenses and a portion of their lost income. In order to claim workers’ compensation, you must have been on the job at the time and performing duties within the scope of your employment. For example, if you became injured because you were involved in a physical altercation with another worker, you would not be eligible for benefits. A physical altercation is not within the duties of your employment. Workers’ compensation can step in if you were performing duties within the scope of your employment and provide for some of an employee’s losses. Still, there are certain limitations associated with the system. As of September 1, 2023, the maximum compensation a person can claim for lost wages is $816.00. When filing a workers’ compensation claim, it does not matter who was at fault for the injury or how badly one was injured. These are both beneficial and harmful to employees. Due to the no-fault system, workers can still file a claim even if they caused or contributed to the accident. Workers’ compensation also removes the need for a trial, meaning that employees can obtain the relief they need fairly quickly. However, employees who suffer a serious, life-changing injury will find these limitations negatively impact their case. The cost of a catastrophic injury such as paralysis, amputation, or a third-degree burn can remain with accident victims for the rest of their lives. These injuries are sadly quite common in industrial accident cases. One or two years of replacement wages will not make up for the loss of your career. Even months of medical treatment may not fully heal brain function, nerve endings, and entire limbs. For these reasons, workers’ compensation is often not enough for employees. What is a Personal Injury Claim? A personal injury claim is a civil remedy that allows injured individuals to file a claim against negligent, or careless, parties when they cause an accident that results in injury. When filing a personal injury claim, you must prove that another person acted negligently and that they are liable for paying compensation. Personal injury claims offer many benefits over the workers’ compensation system. One of the biggest of these is that a personal injury claim can help accident victims claim much more in compensation. You can file a claim for your current and future medical expenses, all of your lost income, and even a loss of earning capacity if you cannot return to the same line of work in the future. Additionally, you can also file a claim for non-economic damages such as pain and suffering, disfigurement, and permanent disability. Non-economic damages are not available in workers’ compensation claims. In most cases, you can only file a personal injury claim after an industrial accident if a third party caused your injuries. Third parties are individuals who do not have a relationship with your employer. For example, if you were using a piece of defective equipment and became injured on the job, you may be able to file a personal injury claim against the manufacturer of the equipment. However, in very limited cases, you may be able to sue your employer. When Can You Sue Your Employer in Baton Rouge? In Baton Rouge, as throughout the rest of Louisiana, the vast majority of employers are required to purchase and carry workers’ compensation insurance. This means that, in most instances, you cannot file a personal injury lawsuit against your employer. After an industrial accident, the only option most injured employees have is to file a workers’ compensation claim. Still, there are times when you may be able to sue your employer. To do this, you must prove that your employer was negligent and caused your accident. Ordinary negligence is not enough in these cases, though. You must show that your employer was erroneously negligent or that they intentionally caused your accident. For example, if your employer violated Occupational Safety and Health Administration (OSHA) guidelines, you may have a right to sue your employer. Or, if your employer did not provide proper training and you were injured as a result, this may also give you grounds to file a lawsuit. Filing a personal injury lawsuit against anyone can quickly become complex, and winning these cases is not easy. When you want to file a lawsuit against your employer, the matter becomes even more complicated. It is always recommended that you speak to a personal injury lawyer any time you believe you have grounds for a lawsuit. Call Our Personal Injury Lawyer in Baton Rouge for a Free Consultation Industrial accidents are some of the most serious, and those involved in them will likely suffer catastrophic injuries. It is also never easy to determine which type of claim to file or to receive the full and fair compensation to which you are entitled. At Big River Trial Attorneys, our Baton Rouge personal injury lawyer can help you determine which remedy is most appropriate for your situation and obtain the full and fair compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a free review of your case and to get more information.

Personal Injury

Steps to Take After an Industrial Accident

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Industrial workplaces are very dangerous environments. Equipment rollovers, exposure to toxic chemicals, and being caught in heavy machinery and equipment are just a few of the most common types of accidents that occur in industrial settings. If you risk your safety and well-being every day for your employer, it is important that you know what to do in case of an accident. Below, our Baton Rouge industrial accident lawyer explains the most important steps to take after any accident. Report the Accident to Your Employer or Supervisor It is important to tell your employer or supervisor about any industrial accident, even if you do not think you were injured. If you fail to do this, your employer may argue that the injury did not occur at work. This can seriously hurt any claim you may be able to file in the future, including workers’ compensation. To file a workers’ compensation claim, you must show that your injury occurred while you were performing your employment duties. Report the Accident to the Authorities Not all industrial accidents must be reported to the authorities, but there are times when you must report them. For example, chemical spills must be reported to the Louisiana Department of Environmental Quality (LDEQ) or the United States Environmental Protection Agency (EPA). You may not have to actually report the accident to the authorities yourself. If that is the case, make sure your employer reports it so you and your co-workers are protected in the future. Seek Immediate Medical Attention If your injuries are very serious you, your co-workers, or your supervisor should call 911 so you can receive immediate medical attention. If your injuries are not that serious, you should see a doctor as soon as possible. Under the workers’ compensation law in Louisiana, you have the right to choose one doctor in each field or specialty. However, you are also required to submit to an examination by a doctor provided and paid for by your employer. The doctor you choose is known as the ‘treating physician’ while your employer’s doctor is known as the ‘second opinion’ doctor. Seeking medical attention after an industrial accident is important for many reasons. First and foremost, seeing a doctor will protect your safety and well-being and make sure your injuries do not become worse. Additionally, you may have to prove your injuries in the future. Seeking medical attention will document your injuries so you can prove them to the insurance company in the future. Know the Deadlines in Your Case Regardless of the type of claim you are filing, there are likely many deadlines you must meet. For example, if you are filing a workers’ compensation claim, you must report the injury to your employer within 30 days of the incident or you might lose your right to file for benefits at all. You then have one year to file for medical benefits. If you have already received a payment from the insurance company, you have three years from the date of the last workers’ compensation payment to file for more benefits. Industrial accidents can also result in a personal injury claim. For example, if you were injured due to defective equipment, you may be able to file a personal injury claim against the manufacturer. The statute of limitations on personal injury claims is one year from the date of the injury. If you do not meet the above deadlines, you will likely lose your right to claim any compensation at all. Do Not Admit Fault It is important that you never admit fault after an accident. Workers’ compensation is a no-fault system, which means even if you contributed to or caused the accident, you can still receive benefits. However, admitting fault can impact your ability to claim compensation in a personal injury claim. Louisiana follows comparative fault laws, which means if you contributed to the accident, any compensation you receive will be reduced by your same percentage of fault. Call Our Industrial Accident Lawyers in Baton Rouge After an industrial accident, you need legal representation to make sure your rights are protected. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyers can advise you on the steps to take, prepare any claim you are eligible to file, and make sure you receive the full and fair compensation to which you are entitled. Call us now at (225) 963-9638 or fill out our online form to schedule a free review of your case and to learn more about how we can help.

Personal Injury

Common Injuries After a Commercial Vehicle Accident

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When many people think of commercial vehicle accidents, they often first think of transport trucks. While 18-wheelers are certainly some of the largest vehicles on the road, there are other types of commercial vehicles that can also become involved in a crash. Garbage trucks, tow trucks, dump trucks, buses, and courier trucks are just a few other types of commercial vehicles that are involved in crashes on the road. These accidents result in very serious injuries. Below, one of our Baton Rouge commercial vehicle accident lawyers outlines those that are most common. Amputations Amputations are some of the most serious injuries after an accident involving a commercial vehicle. An amputation is defined as the loss of any extremity, such as a limb, foot, or finger. In some cases, an amputation can happen at the scene of a crash while in others, a limb or appendage is so severely damaged that it cannot be repaired and must be surgically amputated. In other instances, an injury may become so severely infected that an amputation is necessary. Due to the extremely severe nature of an amputation, the recovery process is often very long. Not only will the end of a limb need to heal, but you will also need to relearn how to complete the tasks you do every day, such as cooking, grooming, and cleaning. Amputations are also very costly to treat, and you will not be able to return to your job right away. You may also never be able to return to the same line of work you once did and have to obtain lower-paying employment. Head and Brain Injuries Every year, approximately 1.5 million Americans sustain a traumatic brain injury. A head injury or traumatic brain injury can also affect you for the rest of your life and they are very commonly sustained in commercial vehicle accidents. Some of the most common types of head and brain injuries are as follows: Concussions: Concussions are often seen as minor injuries but truthfully, there is no such thing as a minor brain injury. Concussions are caused by the brain being shaken inside the skull. When left untreated, a concussion can become even more serious. Hematomas: A hematoma occurs when blood vessels break and blood collects in the head, pooling in the skin tissue. A hematoma is similar to a bruise, but because they are in the dura or the skull, they are even more dangerous. Hemorrhages: A hemorrhage can occur within the skull or brain tissue and cause bleeding. If left untreated, a hemorrhage in the brain can cause coma or even death. Contusions: When multiple small hemorrhages leak small amounts of blood into the brain tissue, it can result in a contusion, which is bruised brain tissue. Damage to the brain happens very slowly when a person suffers from a contusion, so this type of injury needs close monitoring. Head and brain injuries do not always present symptoms right away. The most common symptoms include changes in mood or behavior, confusion, angry outbursts, depression, and memory loss. It is critical that you see a doctor after any commercial vehicle accident, to ensure you receive the treatment you need. Broken Bones The adult human body has 206 bones in total, and any one of them can break during an accident. This is particularly true when a crash involves a commercial vehicle. Commercial vehicles are much larger and much heavier than passenger vehicles, and any accident involving one will also involve a great amount of force. There are also many different types of broken bones from clean, complete breaks to breaks that cause the bone to completely shatter. Treatment for a broken bone varies from minor splints and casts, to surgery. Broken bones also often require extensive rehabilitation, so recovery can be a long process. Without proper care, the bones may not heal properly, which can result in even more issues in the future. Burn Injuries Commercial vehicles often carry dangerous chemicals and fuel. When they are involved in a crash, these can spill off the vehicle and cause serious burn injuries. Burn injuries are some of the most painful sustained in commercial vehicle accidents. Not only do they result in large medical bills and a loss of income, but they can also cause permanent scarring and disfigurement. These latter injuries can cause accident victims a lifetime of embarrassment and shame. Burn injuries are also some of the most common to suffer from complications. These can include fluid loss and serious infections. In some cases, these complications can require an entire limb to be amputated. Accident victims deserve proper compensation for all of the physical and mental injuries caused by burns. Spinal Cord Injuries Spinal cord injuries can be caused by damage to the discs and bones in the back. If a commercial vehicle accident is severe enough, pieces of a broken bone may become lodged in the spine. During a crash, the neck and head can also be forced sideways, which can also cause a spinal cord injury. The higher up on the spine the injury is, the more severe any resulting injury will be. In some cases, partial or complete paralysis can also result from an injury to the spinal column. These catastrophic injuries cost millions of dollars to treat. Whiplash A commercial vehicle accident will likely result in some degree of whiplash. This injury occurs when the neck moves back and forth in rapid succession and the force of a commercial vehicle hitting a passenger car will cause this to happen. Like concussions, many people think whiplash is a minor injury but it is not. Whiplash often has long recovery times and leaves accident victims in a great deal of pain. Our Commercial Vehicle Accident Lawyers in Baton Rouge Can Help After an Injury If you have suffered one of the above injuries, or any other, in a crash, our Baton Rouge commercial vehicle accident lawyers at Big River Trial Attorneys can help. Our seasoned attorneys have the

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