Semi-trucks are a critical part of industry as we know it within the United States. However, these large trucks pose a threat to smaller vehicles while on the road. In 2016, 4,317 fatalities occurred in crashes involving large trucks, a 5.4% increase over 2015. Out of those fatalities, 72.4% were occupants of other vehicles.

Although it’s rare, a truck accident can still happen when you least expect it. To prepare yourself, it’s important to understand what to do after an accident, your rights in Louisiana and what a truck accident case might look like.

What Should I Do After a Truck Accident?

After a truck accident occurs, the aftermath is often a blur. However, there are some critical steps you should take to ensure your safety and the safety of others around you.

Step #1: Report

Just like any other traffic accident, you must stay at the scene. Make sure you’re safe, remove your vehicle from the road if possible and then call 911 to report any injuries. Once law enforcement reaches the scene, they will instruct you on what to do next. Make sure you receive a copy of the accident report for your records.

Step #2: See a Doctor

Get medical attention immediately for any current injuries. Even if you don’t have any emergent injuries that require an emergency room visit, seek medical attention anyway. Visit your doctor as soon as possible after the accident for a check to make sure no injuries are present.

Step #3: Get Information

Exchange information with the truck driver involved in the accident including their name, phone number, address, company, employer, etc. You’ll need this information should you decide to build a case. You should also notice if witnesses are around. If there are, take their statement yourself or get their contact information for the future.

Step #4: Speak with Your Attorney

Before you talk to your insurance company or anyone else for that matter, reach out to your attorney. They will advise you on what you should say and do next to make sure proper compensation is received for your injuries.

What Are My Rights in Louisiana?

Both Louisiana and the federal government have tight regulations that apply to trucking companies such as requiring higher levels of liability insurance and financial security. In Louisiana, you are able to file a negligence claim seeking compensation against the truck driver and the trucking company.

During your case, post-crash investigations and evidence should strengthen your claim, showing the driver at fault. As for the statute of limitations, you have one year from the date of the accident to report both personal injury and property damage.

What Can I Expect During My Truck Accident Case?

During your first consult with your attorney, they will gather information regarding your injuries, damages, any negligent actions by the other party and any information that proves the other party might be responsible. From here, if a case is established, your attorney will investigate, file the official lawsuit and begin the process of discovery.

Most of the time, both parties will agree to mediation instead of going to court. If this is the case, both parties and their attorneys will meet to discuss proper settlement through a third-party mediator. However, if a settlement cannot be reached, a trial will need to occur.

During the trial, your attorney will present the evidence and the defendant will present the other party’s evidence. The jury will deliberate and decide on issues such as the awarding of damages. The entire case could take anywhere from a few months to over a year, depending on the needs of your case.

What Amount of Compensation Can I Receive?

In each case, the amount of compensation is unique, depending on many factors. Compensation will be determined by the number of damages such as injuries and property damage that were involved in the truck accident.

Some of these damages can also include pain and suffering, loss of consortium and punitive damages against a defendant. The amount of compensation you seek can be determined by speaking with your attorney first.

Receive Legal Advice from an Attorney

Before diving into the intricacies of a truck accident case, it’s essential to understand various aspects that can influence the outcome. For instance, verifying the truck driver’s hours can play a crucial role in determining liability. Furthermore, understanding the nuances of truck accident driver liability can provide clarity on who might be at fault.

It’s beneficial to explore the broader category of truck accidents to gain comprehensive insights. While the situation is serious, it’s also worth noting that legal journeys can have their lighter moments, as seen in the fun category. Lastly, be wary of tactics insurance companies use to reduce liability; having this knowledge can be a game-changer.

The most important piece of advice to remember is this: seek legal advice from your attorney. A truck accident is a stressful time, but requires skill to navigate, especially if a negligence claim is involved. Proper evidence will need to be gathered to build your case. If you have suffered injury or other damages resulting from a semi-truck accident, speak to an attorney today.

In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.

  • They helped me with every need possible. The back issues I had could have been much worse if they didn’t step in and help me. Bart, Megan, and all the people that work for this legal team are amazing. I would recommend them to anyone. Thank you all for helping me each step of the way. I can’t thank these people enough.

    - T. Gibson-Warren

  • I want to thank the whole team for all your help and persistence with my settlement. I truly appreciate.

    - A. Alfortish

  • Great experiences every time I need you guys. I always recommend your firm.

    - W. Young

  • Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.

    - C. Perez

  • Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge, I just want to say Thank You to mr kelly and his team for the hard work and dedication to my case to make it successful . Thank You

    - N. Gex

  • Attorney Kelly is an impeccable attorney. He has represented me extremely well. I was very, very, very pleased with the outcome of my settlement. He’s highly recommended … to give assistance to anyone. I thank him for his services and I’m super elated over the way he handled the case. He is a phenomenal lawyer.

    - S. Spears

  • I’ve learned the importance of having good coverage insurance, thanks to Mr. Kelly explaining everything to me. We do not hope or wait for accidents, but rest assured that I will call Mr. Kelly again if I need his services. Thank you.

    - Ann Zimmer

  • Being represented by Mr. Kelly and his legal team was a very awesome experience. They were very patient and they worked really hard in resolving my case. I would most definitely refer them to all my friends and associates. Thank you very much.

    - Nathaniel Bonney

  • I am very grateful for Mr. Bart’s assistance. He was very professional and fair. I never felt like a client with him. I always felt like a close friend. Also, I would like to thank everyone in the office for being friendly, kind, and for helping me.

    - Glac Mantuso

  • Just want to say thanks a lot because I received way more than I expected. You guys did a wonderful job of getting the max for myself and my family. Everyone I met or spoke to on the phone was really professional and nice. Once again, thanks a lot.

    - Jessica Quinn

  • J. Bart Kelly is the best attorney I have ever met. He is intelligent, caring, understanding, and knows how to protect his clients. I love his strong take-charge attitude to fight for what is right.

    - Teri Haas

  • My lawyer took the time to explain everything in a clear and concise manner. I’ve been treated fairly and with the utmost respect. I am very appreciative of all of the staff at AKD for their services.

    - James Barber

  • I am grateful for the way that my case was handled. Thanks.

    - Darryl Hill

  • Thanks to Bart and Meg. Fantastic group of people and team. Love you guys.

    - Claudine Hope

  • I was involved in a terrible accident and had a lot of serious injuries. I was so happy that Bart (and his team, including his nurse paralegal) was my attorney. The results were much more than expected as far as the settlement. Thanks.

    - Karen Bourgeois

  • I received exceptional service from the law office of Bart Kelly. He is a great attorney who cares about what you are going through, and I am very pleased with the outcome.

    - Melissa Sanchez

View all