Partner at AKD Lawyers
Practice Areas: Personal Injury
A collision with an 18-wheeler in New Orleans isn’t just another fender bender—it can flip your life upside down in seconds. These aren’t minor accidents; they often leave victims with crushed vehicles, catastrophic injuries, and months (or years) of recovery. Meanwhile, trucking companies and their insurers are already working to protect their interests.
If you’ve been hit by a commercial truck in New Orleans, hiring an experienced truck accident attorney isn’t just a smart move—it’s your best shot at leveling the playing field and fighting for the compensation you deserve under Louisiana law.
Why Truck Accidents Are Different From Car Accidents
Truck accident cases are more complex than typical car crashes due to multiple liable parties, stricter regulations, and higher insurance coverage. They involve both state traffic laws and federal trucking rules, adding legal challenges.
The FMCSA cites driver fatigue and equipment failure as the top causes of these accidents, highlighting the need for detailed investigations and legal knowledge.
How a Truck Accident Attorney Helps After a Crash
If you’ve been hurt in a trucking crash, your lawyer plays a vital role in protecting your rights and building your case.
Investigating the Accident
Your attorney will gather evidence right away. This might include reviewing police reports, photos from the crash scene, dashcam or surveillance footage, and black box data from the truck itself.
They may also consult with accident reconstruction experts and medical professionals to determine how the crash happened and who is responsible.
Dealing With the Trucking Company and Insurers
Large trucking companies have lawyers and insurance adjusters working to protect their bottom line. A truck accident lawyer can step in and handle all communication on your behalf. They’ll push back against any low settlement offers and won’t let insurers shift blame unfairly.
Making Sure Everything Is Filed Correctly
Louisiana law generally gives victims just one year to file a personal injury claim. Missing that deadline can mean losing your right to any compensation at all. Your attorney will make sure everything is filed on time and done correctly.
Personal injury claims in Louisiana, particularly those involving truck accidents, must typically be submitted within a year after the incident. — Louisiana Civil Code Article 3492
Who Can Be Held Responsible in a Truck Accident?
Truck crashes often involve more than one party. That means more opportunities to seek compensation and more legal challenges.
Some of the most common at-fault parties include:
- The truck driver
- The trucking company
- The company that owns or loads the cargo
- Truck or parts manufacturers
- Third-party maintenance providers
If a defective brake caused the crash, the manufacturer might be liable. If the driver was speeding or didn’t rest as required by law, both the driver and their employer might be responsible.
Under Louisiana’s comparative fault rule (La. Civ. Code art. 2323), your compensation may be reduced if you are found partially at fault for the accident.
Common Causes of Truck Accidents
Understanding what caused your crash is key to figuring out who’s liable. Some common causes include:
Driver Mistakes
Fatigue, distracted driving, or speeding are often factors in truck crashes. Driving under the influence or poor training can also lead to serious mistakes on the road.
Employer Negligence
Sometimes, companies encourage drivers to break the rules. This could mean skipping rest breaks or rushing to meet unrealistic deadlines. Other times, it’s a matter of not fixing worn-out brakes or hiring unqualified drivers.
Equipment Problems
Mechanical issues, such as blown tires, brake failure, or engine problems, can cause trucks to lose control, especially at high speeds.
Data from the NHTSA indicates that accidents involving large trucks are more likely to result in fatalities or serious injuries than crashes involving passenger vehicles.
Understanding Federal Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets strict safety rules for the trucking industry. These laws are meant to keep both truck drivers and other road users safe.
Hours of Service Rules
Drivers are limited in how many hours they can be behind the wheel in a day or week. They must also take rest breaks and keep detailed logs.
The FMCSA requires commercial truck drivers to take mandatory rest breaks and limits their hours of operation to prevent fatigue-related accidents.
Vehicle Inspections and Maintenance
Trucks must undergo regular maintenance and safety checks. Failing to maintain a vehicle properly can lead to crashes that were otherwise preventable.
Licensing and Drug Testing
Drivers must hold a commercial driver’s license (CDL), pass regular physicals, and undergo alcohol and drug screenings.
Cargo Securement
Loose or improperly secured cargo can shift during transport, causing rollovers or jackknife accidents.
Violating FMCSA regulations, such as hours-of-service limits or inspection requirements, can serve as strong evidence of negligence in a truck accident case.
Differences Between Car and Truck Accident Cases
| Factor | Car Accidents | Truck Accidents |
| Legal Regulations | State traffic laws | State + Federal (FMCSA regulations) |
| Liable Parties | Usually one other driver | Driver, company, loader, manufacturer, etc. |
| Insurance Policies | Personal auto coverage | Commercial policies with high limits |
| Severity of Injuries | Varies | Often severe or fatal |
| Case Complexity | Moderate | High – multiple parties and legal regulations |
Types of Compensation Available
Victims of truck accidents may be eligible to receive compensation for:
- Medical expenses, including future care
- Lost wages and reduced earning ability
- Pain and emotional distress
- Property damage
- Loss of companionship in wrongful death cases
Every case is different, and damages depend on the specifics of your situation.
FAQs
Why are truck accident claims more complicated than car accidents?
Truck accident cases often involve multiple liable parties, federal regulations, and complex insurance policies. Gathering evidence and proving fault requires extensive legal experience.
How long do I have to file a truck accident lawsuit in Louisiana?
Generally, Louisiana law gives victims one year from the date of the crash to file a claim. Failing to file on time could result in losing your right to compensation.
What kind of compensation can I recover after a truck accident?
You may be entitled to damages for medical expenses, lost income, pain and suffering, emotional distress, and property damage. Every case is unique.
Who can be held liable in a truck accident?
Depending on the cause, potentially liable parties include the truck driver, the employer, the truck owner, cargo loaders, manufacturers, or even maintenance contractors.
What if I was partially at fault for the accident?
Louisiana follows a comparative fault system. You can still recover damages, but your percentage of fault may reduce your compensation.
Conclusion: What You Should Do Next
Truck accidents can turn your life upside down, particularly where there are unjust deaths or severe injuries involved. The laws that apply to these crashes are complex and often favor the insurance companies unless you know how to push back. That’s why having a New Orleans truck accident attorney can make a real difference.
Alvendia, Kelly & Demarest Law Firm has experience with truck accident claims and understands what it takes to build a strong case. If you’ve been involved in a crash with a commercial truck or 18-wheeler, Contact Alvendia, Kelly & Demarest Law Firm today to schedule your free consultation and learn how they can help you move forward.
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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.
