Baton Rouge Truck Accident Attorneys
Standing Up to Powerful Trucking and Insurance Companies
You may not think there are any major differences between a collision with a car and a collision with a commercial truck. But in reality, there are two very important differences you should be aware of, especially if you’ve been involved in an accident with an 18-wheeler, a tractor-trailer, a flatbed truck, or a commercial vehicle:
Truck accidents cause more damage and injuries because they are significantly larger and heavier than other vehicles on the road. In fact, a large truck carrying cargo can legally weigh up to 80,000 pounds. When 80,000 pounds of cargo crash into your vehicle at any speed, the damage can be significant, and you can suffer permanent injuries.
Truck accidents are more legally complex. Non-commercial drivers are responsible for their actions behind the wheel, and, in rare cases, other parties (such as a municipality or auto manufacturer) can be held responsible for an accident. But when you’re struck by a commercial vehicle, several parties may be at fault, including the driver, the trucking company, the truck manufacturer, the trailer owner, the truck mechanic, and so on.
Truck crashes present more serious and challenging issues than most traffic collisions. That being the case, it’s even more important to speak with an experienced and knowledgeable Louisiana truck accident attorney after your accident. At Big River Trial Attorneys, we have extensive experience handling truck accident claims and can help you obtain the justice and compensation you and your family deserve.
How is the Trucking Industry Critical in the Baton Rouge Area?
The trucking industry is an essential part of the United States and Louisiana economies. Because we rely on trucks for freight shipments, the number of large trucks on the roads has been increasing each year.
While trucking companies bring many goods to our state, there are also several problems and concerns within the industry. Trucking companies that violate federal and state commercial vehicle regulations endanger others on the roads, and too many companies cut corners and break laws to increase their profits. For every great trucking company that makes the world a better place, there is one that could be negligent or grossly negligent, a problem that leads to the loss of lives during truck accidents on highways and interstates.
Why Do Truck Accidents Occur on the I-10 Corridor in Louisiana?
Stretching east to west from Santa Monica, California, to Jacksonville, Florida, Interstate 10 is a popular route for both truckers and non-commercial drivers. Businesses, commuters, and long-haul truckers use the highway as it passes through the state.
Because the highway is so congested with traffic and connects major cities in southeastern Louisiana, it’s a hotbed of truck accidents year-round. The causes of these accidents vary, but you should speak with a truck accident attorney if you’ve been involved in an I-10 truck accident.
How Often Do Commercial Truck and Trailer Accidents Occur in Baton Rouge and Louisiana?
How often do commercial truck and tractor-trailer accidents occur in Baton Rouge and Louisiana? According to the Federal Motor Carrier Safety Administration, in Louisiana in 2024, there were 2,088 commercial truck accidents and 75 trucks involved in fatal collisions. Of course, truck accidents aren’t just a Baton Rouge and Louisiana phenomenon.
Every year in the United States:
There are about 500,000 large truck accidents nationwide. Additionally, between 4,000 and 5,000 Americans lose their lives in truck accidents each year, roughly 10 percent of all fatal crashes. A staggering 70% of truck accident fatalities involve passengers in non-truck vehicles.
What are the Most Common Causes of Trailer and Truck Accidents?
Unlike passenger car accidents and pickup truck accidents, commercial truck and 18-wheeler accidents can have causes that aren’t immediately obvious. Here are just some of the most common causes of truck accidents in Louisiana and the United States:
Distracted Driving
Because truck drivers spend many hours in their vehicles each week, they can be at risk of distracted driving. Distracted driving could include anything from using a mobile device to watching TV, eating, or using an onboard computer for work.
Driving Under the Influence
There are strict regulations regarding commercial drivers who drink or use drugs, and incidents have decreased significantly over the past two decades. Still, a surprising number of truckers are found to be drinking or using drugs while on the job.
Fatigued Driving
One of the most common causes of truck accidents is tired drivers who have been on the road too long or haven’t gotten enough sleep. Many believe that regulations on the amount of time truckers can safely drive in a day and over a week should be stricter, but trucking companies have backtracked. Trucking companies often push drivers to make their loads quickly so they can go on to their next destination.
Speeding
Truckers and trucking companies make more money when they deliver goods faster. So, it’s no wonder that speeding is a big problem in the trucking industry and a very common cause of truck accidents. Trucks traveling at excessive speeds, especially when carrying heavy cargo, have a harder time stopping and can result in severe injuries.
Mechanical Failures
Some truck accidents occur when a part of the truck fails, such as its tires or trailer hitch. In some cases, mechanical failures occur because truck owners or trucking companies fail to maintain or repair their vehicles to save money.
Unsafe Loads
Trucks carrying too much weight can crash and cause significant damage. At the same time, improperly loaded truck trailers can cause the vehicle to sway or roll, knocking out any vehicle in its path.
Poor Driver Verification
Truck drivers must hold a special commercial driver’s license (CDL) and maintain a stellar driving record to stay on the road. Many trucking companies have high turnover rates and are eager to hire drivers quickly to move their freight. If a trucking company fails to properly screen a driver it hires or refuses to fire a driver with problems, it may be liable for an accident.
Defective Truck Parts
In some cases, a defective auto part may have caused the truck accident. For example, a defective tire could explode, causing the truck to lose balance, sway, and roll.
Who Can Be Held Responsible for a Truck Accident?
A semi truck accident is unique and differs from a car crash because there are often multiple parties who may be held responsible for the crash. In turn, several entities could be liable after a tractor-trailer accident in Louisiana. In some cases, more than one party will be responsible, and damages must be divided proportionally among them. These liable parties could include:
The Truck Driver or the Owner
The truck driver may have been driving recklessly, under the influence, or distracted at the time of the accident.
The Transport or Leasing Company
The trucking company may have failed to investigate the driver, ignored federal trucking regulations, or failed to maintain the vehicle.
A Manufacturer
The manufacturer of the cab, trailer, hitch, or tires could be liable for an accident if they produced a defective or dangerous product that failed to function before or during the crash.
The Shipper or Truck Loader
If the shipping company and truck loader don’t do their job properly, items can shift during transport, causing an accident. Or an overloaded truck can experience braking problems, causing an accident.
An experienced Baton Rouge truck accident attorney can help you understand who is responsible for your truck accident injuries and find evidence to support your claims.
What are the four things to Do After a Truck Accident?
Being involved in an 18-wheeler accident can be extremely overwhelming, especially if you have been injured. Still, you must know what’s most important in the hours, days, and weeks following your accident. Here are the four steps every accident victim should follow.
See a doctor as soon as possible. Taking care of your health is more important than anything else. If you’re not taken to the hospital by ambulance, be sure to be examined at the scene of the accident and schedule an appointment with your primary care physician. Keep in mind that some injuries may be overpowered by adrenaline, while others may take longer to develop, such as traumatic brain injuries.
Gather all possible evidence. We understand that you’re probably not healthy enough to investigate the wreckage and solve the mystery of what happened. Still, even if you can jot down witness names and take some photos with your phone, you could preserve evidence that will help you win your truck accident injury case in the future.
Don’t buckle under pressure. Trucking companies are very, very familiar with fighting accident and injury claims. One tactic they’ll use, along with insurance companies, is to convince you to give a recorded statement without an attorney or settle for much less than your case is worth. Don’t do that either.
Contact a tractor-trailer accident attorney. When it comes to these cases, we have as much experience as the trucking companies and can level the playing field. Schedule a consultation today to speak with our team.
Why Should I Allow a Baton Rouge Truck accident lawyer to Handle all Communications With the Insurance Company?
Unfortunately, Baton Rouge is no stranger to big rig accidents. Whether your accident was caused by a tanker truck taking a curve too quickly or a company knowingly exceeding weight limits, you will inevitably have to deal with the insurance company.
Insurance adjusters are well-trained in ways to save their company money, and although they may seem sympathetic, their job is to look for ways to minimize or deny your personal injury claim. Insurers often use various tactics to try to protect their profitability, including:
Fast Settlements
One of the most common approaches that insurance companies use is to offer injury victims fast settlements. If you have been injured and unable to work, it may be tempting to accept the insurance provider’s first offer. Even so, a quick settlement will likely not be in your best interests and will not provide compensation for future treatment or pain and suffering.
Recorded Statements
Another tactic insurance providers often use to minimize or deny payments is to ask accident victims to provide a recorded statement detailing how the truck collision occurred. You should never agree to provide a statement to the insurer without having an experienced truck accident attorney present. You are not legally obligated to provide a statement, and insurance companies have the legal right to use your words against you to protect their interests.
When you hire a truck accident attorney, they will handle all communications with the insurance provider to help alleviate stress and allow you to focus on your recovery.
What Type of Financial Compensation is Available to Truck Accident Victims?
The most common question that our Baton Rouge truck accident lawyers are asked concerns what type of compensation they can recover after filing a claim. Accident victims riding in smaller passenger vehicles typically sustain serious injuries, no matter what speed they were driving when the collision occurred.
Louisiana law allows truck accident victims to seek maximum compensation for their economic and intangible losses.
Economic Damages
Economic damages are awarded to compensate accident victims for out-of-pocket expenses they have incurred. Recoverable damages may include:
- Past and future medical bills
- Lost wages
- Loss of earning potential
- Property damage
Depending on the severity of your injuries, your attorney may also be able to recover compensation that pays for physical therapy, rehabilitation, or, in the case of catastrophic injuries, modifications to your home or vehicle.
Non-Economic Damages
You may also be able to recover compensation for non-economic damages that do not have a set financial value, including:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disfigurement and scarring
Punitive Damages
In rare cases, you may be able to recover punitive damages if the truck driver was intoxicated by alcohol or drugs, which led to the crash. Punitive damages are only awarded in cases where it is determined that there was gross negligence or a willful and wanton disregard for the safety of others.
Unlike economic and non-economic damages, which compensate victims, punitive damages are awarded to punish the wrongdoer and to send a message to others not to repeat similar behavior.
How Long Do I Have to File a Truck Accident Claim?
In Louisiana, if you have been involved in a truck accident on or after July 1, 2024, you generally have two years from the date the accident occurred to file a claim. For accidents that occurred before July 1, 2024, injury victims were allowed only 1 year to seek compensation.
Even though two years may seem like sufficient time to file a personal injury claim, life can get in the way. With each passing day, evidence disappears, witnesses’ memories fade, or they move away, making them challenging to locate.
The most effective solution is to hire a truck accident attorney who can assist you with filing a claim so that it meets critical deadlines. Failure to file a claim within the legal time limits will likely result in your case being dismissed. Once your case is dismissed, the provider has no legal obligation to consider your insurance claim, leaving you with no legal recourse to try to recover compensation.
What are the Legal Advantages of Hiring an Attorney to Handle My Truck Accident Case?
After being injured in a truck accident, you may be unsure what legal options you have to recover compensation. The most reliable approach is to hire a Baton Rouge truck accident attorney to assist you with filing a personal injury claim.
Navigating Complex Legal Issues
One of the most significant benefits of hiring an accident attorney is their ability to navigate the complex issues involved with truck cases. Common issues include addressing state and federal regulations (FMSCA) that dictate how many hours truckers can drive and whether multiple parties contributed to the crash. Accident lawyers can also professionally assess the driver’s electronic logging device (ELD) to determine if driver fatigue was a contributing factor or whether other safety violations were present.
Preserving Evidence
Because evidence in truck accidents often disappears, your attorney can secure the truck’s “black box” (event data recorder), drug screens, maintenance logs, and other crucial evidence before it can be lost or destroyed.
Wrongful Death Claim
If your loved one died in a truck accident, an attorney can assist you with the legal complexities involved with filing a Louisiana wrongful death claim.
Contact Big River Trial Attorneys Today to Schedule a Free Consultation to get Started on Your Case
Big River Trial Attorneys is a law firm that is dedicated to helping Baton Rouge residents who have been harmed in trucking accidents. When you come to us for help, we will handle the legal aspects of your claim so you can focus on healing instead of worrying about the insurance company. Having an attorney is essential because insurance adjusters often try to use the state’s new modified comparative negligence law to minimize or deny claims.
Our attorneys will accurately determine the value of your claim so we can confidently face the future. Contact our law office today at 225-437-2733 to schedule a free consultation.