Truck accidents are catastrophic events that can leave victims with debilitating, sometimes fatal, injuries. If you or a loved one has been in one of these accidents, you need seasoned legal representation to win the compensation you deserve for medical bills, lost income, and other damages. You can count on the family at Inzina Law Firm Injury Attorneys. We work hard to seek justice for our clients so they can recover and move on with their lives.
Can I Sue for a Semi-Truck Accident?
Working with a truck accident lawyer in Lafayette, you will need to be able to prove the following elements to sue:
- Duty of care: This means the at-fault party (e.g. trucking company) owed you a duty to follow applicable traffic laws and trucking regulations.
- Breach: By some negligent act or omission, the at-fault party breached its duty of care.
- Causation: The breach must have actually caused injury to you by resulting in an accident.
- Damages: As a result, you must have suffered damages.
Common Causes of Truck Accidents
The plaintiff (victim) has the duty of proving how the truck accident happened. Common causes include:
- Fatigued driving due to operating the truck longer than trucking regulations allow
- Driving under the influence of drugs or alcohol
- Distracted driving
- Improperly loaded cargo
- Overweight trucks
- Tire blowouts
- Inexperienced drivers
- Not paying attention to blind spots
- Speeding and other traffic law violations
- Poor truck maintenance and manufacturing defects
Common Truck Accident Injuries
Due to the size, weight, and speed of trucks, truck accident injuries are typically far more serious than those caused by car accidents. Examples include:
- Traumatic brain injury (TBI)
- Internal organ damage
- Internal bleeding
- Spinal cord damage
- Herniated discs
- Paralysis
- Back and neck injuries
- Amputation
- Broken bones
- Burns
- Disability
Why You Should Hire a Truck Accident Lawyer
Retaining a truck accident attorney in Lafayette is the best way to make sure your claim is handled efficiently and you seek the most compensation available. A lawyer can serve your interests by:
- Understanding the value of your claim: Truck accidents cause substantial damages versus car accidents. Working with expert witnesses, your lawyer will help determine a fair amount of money to demand.
- Explaining complicated trucking regulations and laws: Truck accidents involve numerous regulations and laws. Knowing these is essential to establishing the at-fault party’s liability.
- Conducting discovery: This is a crucial evidence-gathering process by which both parties request and exchange relevant information. We handle all aspects of discovery, including responding to requests that our clients receive.
- Hiring expert witnesses: These are professionals with expertise in various areas, such as accident reconstruction and medical bills. They are critical to establishing the required lawsuit elements discussed above.
- Negotiating with insurers or going to court: We understand the tricks that insurers use to underpay and deny valid claims. If they won’t negotiate fairly, we will take your case to court.
Filing a Trucking Accident Claim Allows You to Pursue Compensation for Damages
By filing a truck accident claim, you can seek compensation for your losses. Most truck accident victims can pursue two broad categories of damages:
Economic
- Property damage
- Lost wages and lost future wages
- Medical bills, including prescription drugs and physical therapy
- Mileage for medical appointments
Non-economic
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Decreased quality of life
- Disability
- Disfigurement
- Psychological trauma
Lafayette Trucking Laws and Regulations
Trucking regulations and laws govern much of what drivers and their employers do on a daily basis. Violations of these rules are a strong indication of negligence, which the victim has the burden to prove. Relevant trucking laws and regulations include:
- Commercial driver’s license (CDL) qualifications
- Drug and alcohol testing for CDL holders
- Safe operation of trucks as required by law
- Rules that limit how many consecutive hours a driver can operate the truck
How a Lafayette Truck Accident Attorney Can Protect Your Rights
We work hard to secure our clients’ rights to the damages they deserve. Your Lafayette truck accident lawyer will:
- Timely manage all insurance and court paperwork, including submitting claims and filing your lawsuit
- Handle all communications with the insurance company so they do not try to manipulate you into saying things that might undermine your case
- Fight any attempt to assign blame to you, which could jeopardize your right to full compensation
- Negotiate with the insurer and the lawyer representing the defendant to seek all of the damages you deserve
Determining Liability for Your Truck Accident Injuries
While truck drivers are often primarily responsible for causing accidents, they may share liability with others. A truck accident lawyer in Lafayette will work to identify all parties who could be required to compensate you, including:
- The driver
- The driver’s employer (trucking company)
- The cargo loading company
- The manufacturer of the truck or a truck part
- The mechanic or repair shop who serviced the truck
- A governmental entity responsible for road maintenance
- Another motorist who caused the accident
- Other third parties like road construction crews
Our Lafayette Truck Accident Lawyers Will Hold Negligent Parties Accountable
All of the parties above are required to conduct themselves with reasonable care to avoid causing accidents. When they don’t and people get hurt, we go to work. Either through an out-of-court settlement or a trial, we will fight for the compensation you need to recover.
Seeking Compensation After a Fatal Truck Accident
If the victim died in a truck accident, eligible survivors have the right to file a wrongful death lawsuit. Our firm handles these cases by:
- Investigating the accident to acquire evidence and identify at-fault parties
- Determining the value of wrongful death damages
- Handling all paperwork, communications, and negotiations with the insurance company
- Attending mediation to attempt to work out a settlement
- Filing and managing every aspect of your lawsuit
- Conducting a wrongful death trial if settlement negotiations fail
Types of Damages You May Qualify for in a Wrongful Death Case
Eligible survivors may be able to seek the following wrongful death damages:
- Funeral and burial costs
- Loss of companionship, which concerns the emotional and relational impact of losing a loved one
- Loss of future income and benefits the victim would have earned
- Loss of inheritance
- Medical expenses the victim incurred before death
- Emotional trauma, including the distress that you and your family experience
- Punitive damages, which are awarded in rare cases of intentional misconduct, gross negligence, or willful disregard for others’ safety
Contact a Lafayette Truck Accident Law Firm Now
If you have questions about the truck accident claims process, or you’re ready to get started, reach out to the family at Inzina Law Firm Injury Attorneys. We are dedicated to serving the needs of those who have been hurt and those families who have lost loved ones to fatal truck accidents. Give our office a call today to learn more.
Truck Accident FAQs
Is there a deadline to file a truck accident lawsuit?
For most truck accidents in Lafayette, you will only have one year to file a lawsuit or you will be barred forever from seeking compensation. This timeframe may be longer in certain cases, but you should not delay speaking with a truck accident lawyer in Lafayette.
How long does it take to settle a truck accident lawsuit?
The settlement timeline will vary from one case to another, based on such factors as how long it takes to investigate the accident and the number of at-fault parties who could be held liable. We will work to expedite the negotiation process as much as possible.
Will my truck accident case go to trial?
Most truck accident lawsuits settle without the need for trial. But when multiple defendants are involved or the insurance payout is potentially significant, the at-fault party’s lawyer and insurer may drag their feet. We will be prepared to go to court if these parties will not negotiate in good faith.
