Truck accidents are often complicated. While they might look simple on the surface, there are usually many different players who are all trying to minimize their liability. Truck companies and insurance providers often attempt to minimize payouts, but it can be more difficult for them to do so with the help of a Clinton truck accident lawyer. Having the right support can help make sure you can be heard during the negotiation process.
At Day Law Group, we understand how devastating truck accidents can be. We’re prepared to help you seek personal injury compensation and protect your interests throughout the legal process.
Unfortunately, truck accidents can be more common than people think. Every accident is different and can occur due to a number of different reasons, but there are some common issues that many truck drivers face that can lead to collisions. Being a truck driver can be difficult, especially with tight delivery schedules and the long driving hours required.
If truck drivers feel pressured not to take appropriate and legally mandated rest breaks, they could be driving while they are fatigued. This can lead to them being unable to react as quickly on the road or make effective decisions, which increases the risk of a car accident. Other distractions in the car, like using technology behind the wheel, can also make the drivers distracted. The more time they look at other objects, the less time they are looking at the road.
While speeding is dangerous regardless of the vehicle you are driving, it is especially dangerous in a large truck. This is because they take more time to stop or slow down completely, which can lead to serious consequences. If the cargo is not loaded correctly, it might shift and move during transit, disrupting the truck’s balance and making it swerve or even flip over. Other issues include severe weather, poor road conditions, or even mechanical issues.
It is usually hard to determine who is responsible for a truck accident because it could be attributed to many different people at the same time. If the driver did not follow appropriate safety policies, they might be somewhat at fault. However, if the company that employs the driver pressured them to break these policies in the first place, they might also be at fault. This could also be assumed if the driver was not properly trained or did not maintain the vehicle.
Louisiana uses comparative fault for truck accidents. This means that everyone involved in the accident is given a percentage of how much at fault they were for causing the accident. The percentage reduces the amount of damages they could receive from the accident. Working with an attorney while assigning fault can help sort through each party’s liability level and increase the odds of recovering full compensation.
The compensation for a truck accident is often called “damages” because it is meant to pay for the damage a victim experienced as a result of the accident. This is an umbrella term that includes many different types of expenses. Most people think of things like medical expenses or ways to repay the victims for being unable to work, but other forms of damages can also be assigned in a truck accident.
If one party was especially egregious, punitive damages might be awarded. There are also intangible items that can be included, such as pain and suffering or damages, to address the victim’s inability to participate in activities they once enjoyed.
Louisiana is not a no-fault accident state for truck accidents. It is considered an at-fault state, which means that who compensates whom depends on how much fault each driver had for causing the accident. This is typically done through their insurance company. If another person caused the victim’s injuries, they can file claims against the negligent party or their insurance company to make sure they understand the gravity of the damage done.
It is illegal to leave the scene of a truck accident in Louisiana without taking certain actions. If you do not attempt to stop, help injured victims, and give them your contact and/or insurance information, the accident could be considered a hit-and-run, which is a criminal offense. Even if the accident was minor, you at least need to call law enforcement to notify them of the accident.
If the person not at fault in a truck accident has no insurance in Clinton, they might still have a difficult time recovering compensation. Louisiana has laws in place that reduce the damages amount for individuals without vehicle insurance, even if they did not cause the accident. These laws are meant to encourage every driver to carry insurance. If they do not do so, they might face penalties, even if the crash was not their fault.
In most cases, insurance premiums will increase after a truck accident claim in Louisiana, even if it was not your fault. Insurance companies view being involved in an accident as a liability, even if you were not the cause. However, being involved in an accident usually does not increase your rates as much as it would if you caused the accident or directly injured or killed someone. Some companies offer forgiveness programs, but it varies by business and jurisdiction.
Dealing with the aftermath of a truck accident can be taxing, but it needs to be done with confidence in order to make clear decisions. Developing a solid strategy to help manage events like gathering evidence or negotiating with insurance companies is important. Schedule a consultation with Day Law Group today to receive the answers you need to make good decisions regarding your car accident case.
Reach out to DAY LAW GROUP today for a consultation by contacting us at 225-200-0000 or by sending us an email through the online contact form.
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