Lafayette Truck Accident Attorney

Our clients’ experiences speak for themselves and show why 85% of our business comes from client referrals. Defense attorneys and insurance companies know we will fight relentlessly for our client’s rights and are unafraid to take a case to court. When they hear our firm is on the case, they are more likely to negotiate fairly and in good faith.

Some truck accident victims do not pursue legal representation because they feel they simply cannot afford it. These people are missing out on justice and a fair settlement because our Lafayette trucking accident attorneys work on a contingency basis.

This means you do not pay any fees until you have received your settlement. We offer free case reviews, and if we take your case, tell you we will take a standard 33.33% from your settlement amount to cover costs. Working with us comes with no financial risk or surprises for you.

If you were injured, stay still and wait for emergency care. If it is safe to move, protect yourself and your potential truck accident injury claim.

1. Call 911 and ask for the police and an ambulance

Call the authorities and emergency services. Police will make an official accident report and emergency teams will offer an immediate medical evaluation.

2. Remove yourself from harm’s way

If you can move without hurting yourself further, get out of harm’s way. Move from the car wreckage and get out of the path of traffic.

3. Gather evidence and witness contact information at the scene

Take pictures of the vehicles involved, documenting their positions and damage. Take photos of injuries. In your photos and/or video, capture the overall environment, including traffic signals, road markings, and road conditions–anything that could affect your case.

Collect contact information from witnesses. If they have a video of the accident, ask them to send it to you.

4. Notify your insurance carrier

You will need to inform your insurance company about the accident. Report the incident, but keep your comments brief and factual.

5. Meet with a Lafayette truck accident lawyer

Connect with a Lafayette semi-truck accident attorney as soon as possible after your accident. From there, your lawyer will handle all conversations with you and the at-fault party’s insurance companies, manage all legalities, and protect your interests.

Louisiana gives accident victims one year from the accident date to file a personal injury claim. While a year may seem long, do not wait to partner with a lawyer. The legal process can take time. Do not risk missing that deadline.

You can sue that party for damages when you are injured because of another person’s negligence in Louisiana. Damages are the losses you have sustained because of your injuries and their consequences.

Economic damages

Economic damages come with an actual price tag or bill. Your truck accident attorney in Lafayette will add up those costs, which include:

• Medical treatment and future care expenses
• The value of property damaged or destroyed
• Lost income and lost future job benefits and earnings if you cannot work again
• Other expenses related to the accident. For example, you may have to pay others to fulfill responsibilities you previously managed on your own

Non-economic damages

Non-economic damages do not have a price tag but have significant value. These damages are to your physical body–such as the pain or disfigurement caused by your injuries, your emotional and psychological well-being, and your ability to enjoy life as you did before the accident.

Punitive damages

Louisiana only allows for punitive (also called “exemplary”) damages in specific personal injury situations, such as if a drunk driver caused a collision. Exemplary damages don’t “pay you back” for losses. Rather, they punish the at-fault party through additional financial penalties.

Insurance companies have lots of “tricks” to put the blame on you and deflect the blame off of their client. You need a Lafayette trucking accident attorney keeping those insurance companies in check, protecting you and your settlement from unwarranted blame and reductions.

Accurately identifying the at-fault party is essential to your case’s success, and the truck driver is not always the culpable party.

Trucking company

Trucking companies must vet and train those they hire, remove unsafe drivers from the road, and maintain their trucks properly. These and other compliance regulations are established by the Federal Motor Carrier Safety Administration (FMCSA).

Cargo loading company

Weight restrictions must be adhered to, and proper equipment must secure the cargo safely to the truck. Cargo shifts can cause a truck to go off balance, and unsecured cargo can fly from the bed and onto the roadway or into other vehicles.

Manufacturer of trucks or truck parts

Vehicle and part manufacturers can be liable if they produce or install defective trucks or truck parts. Trucks have complicated steering, braking, loading, and systems, all of which must work properly to avoid accidents.

To prove the at-fault party’s liability and collect a settlement, your attorney must prove the four elements of negligence.

1. Duty of care

The at-fault party had a legal obligation (a duty of care) to protect your safety. Every driver owes all others on the road a duty to obey traffic laws and avoid unsafe driving behaviors.

2. Breach of duty

The at-fault party breached–they did not uphold–their duty to you, perhaps by speeding, ignoring traffic signals, or driving drunk.

3. Causation

The breach of duty, not some other factor, caused the accident.

4. Damages

The accident caused economic and non-economic damages.

There is no guaranteed timeline. Factors affecting the length of negotiations include the strength of your evidence, your attorney’s skill, and the at-fault party’s representative willingness to play fair.

You can count on your semi-truck accident lawyer in Lafayette to compile convincing evidence and negotiate fiercely on your behalf.

All tractor-trailers have some form of event data recorder (EDR) (commonly known as a “black box”).

An EDR records important information about the trucker’s speed and other driving habits. For example, these devices measure the driver’s steering maneuvers in the moments before an accident, track the length of a driver’s shift, and offer other evidence to support your case.

Mistakes, bad choices, and malfunctions can all contribute to truck accidents.

Driver fatigue

The FMCSA has strict policies governing active time on the road and mandatory rest periods. Drivers who fail to comply with these standards easily become exhausted and nod off behind the wheel.

Distracted driving

Texting, eating, drinking, or even enjoying the scenery all become dangerous when paired with driving.

Driving under the influence of alcohol or drugs

The laws for commercial drivers and alcohol or substance use are even stricter than those for passenger car drivers.

Unsafe driving practices

Speeding, weaving, tailgating, and other unsafe practices can all contribute to devastating accidents.

Truck accidents take many forms, and the results are likely to be serious no matter what form.

Rollover

Speeding, overloaded, or improperly loaded cargo can cause a truck to tip and literally “roll over,” crushing cars and creating a massive road obstacle.

Jackknife

When a driver loses control, perhaps from speeding or decelerating too quickly, the truck cab can “push” to one side or become turned around, facing backward, creating a “jackknife” shape across the road.

Underride

Particularly terrifying, underride accidents occur when a smaller vehicle behind the truck slides under the truck trailer and becomes trapped.

Lost cargo

Cargo that isn’t secured properly can fall or fly from the trailer, crashing into other vehicles or creating obstacles in the road.

Sideswipe

Improper lane changes or failure to check mirrors can lead drivers to “swipe” the side of their vehicle with the side of another vehicle.

Truck accidents often produce injuries with lasting effects. Common injuries include:

• Traumatic brain injury
• Head and neck damage
• Spinal cord injury
• Broken bones
• Deep lacerations or amputations
• Burns

In some scenarios, these injuries are permanent, leaving victims with limited mobility and/or cognition, disfigurement, and chronic pain.

You must report your accident to your insurance company. But you should not have an extensive conversation.

“Dos” when dealing with insurance

Keep your comment brief and stick to the facts. Let them know where and when the accident occurred.

Do answer their most basic questions to confirm who you are

Establish your identity so your representative can pull up your policy and have an adjuster review the case.

Do refer them to speak with your attorney

For any other information–including the extent of your injuries and the damage to your car–refer your representative to your truck accident lawyer in Lafayette.

“Don’ts” when dealing with insurance

Don’t speculate on the cause of the accident, make any admissions of guilt, or minimize your injuries.

Don’t post anything about the incident on social media

Resist the temptation to post about your accident on social media. Your comments can easily be taken out of context. In an understandable burst of emotion, you may inadvertently post something that can be used against you.

Don’t give statements without an attorney

Do make a recorded statement. The at-fault party’s insurance company will probably ask for one and may even tell you it’s required. Do not agree to state without speaking to your attorney.

Avoid using the word “accident”

“Accidents” aren’t avoidable, so in using the word “accident” with an insurer, you may allow them to avoid blame. They may defend their client, saying the “accident” just happened and there was no way to prevent it.

The simple answer is to protect yourself and your case. Don’t put your health at risk. Fast treatment is critical for achieving maximum recovery and preventing your condition from worsening.

Don’t put your settlement at risk. If your injury worsens because of delayed treatment not only is your health compromised, but the at-fault party can deflect blame from themselves and onto you. They can claim your suffering results from your decision to delay care and not the initial injury caused by their negligence.