Partner at AKD Lawyers
Practice Areas: Personal Injury
Commercial trucks are the giants of the roadway. With their unique weight class and distinguishing elements, accidents involving 18-wheelers can result in catastrophic injuries, extensive property damage, and long-term impacts on victims’ lives.
If you or a loved one has been involved in one of these accidents, having a knowledgeable New Orleans truck accident attorney is crucial to defending your rights.
The right lawyer can guide you through the court system and work to secure the compensation you deserve in the wake of a truck collision.
Key Takeaways for Obtaining a New Orleans Truck Accident Attorney
- Truck accident cases are extraordinarily complex and require specialized legal knowledge.
- A knowledgeable attorney for truck accidents will investigate the collision, determine who is at fault, and build a compelling case on your behalf.
- Your lawyer will oversee communications and negotiations with trucking companies and insurers.
- Seeking representation from an attorney increases your chances of getting the appropriate amount of compensation for your damages and suffering.
Key Differences of the Factors Involved in Car and Truck Accident Cases
| Factor | Car Accidents | Truck Accidents |
| Regulations | State traffic laws | Federal & state commercial trucking regulations |
| Liable parties | Other drivers | This might include cargo loaders, truck drivers, trucking companies, truck manufacturers |
| Insurance | Personal policies | Complex commercial policies with higher limits |
| Injuries | Variable severity | Often, catastrophic injuries or fatalities |
| Legal complexity | Fairly straightforward | Extraordinarily complex with multiple avenues of liability |
Q: Why are truck accident cases more complicated than car accident claims?
A: Truck accident cases may involve multiple liable parties, federal trucking regulations, and complex commercial insurance policies. Injuries and damages are usually more severe.
Q: Why is it important to seek out a qualified truck accident attorney?
A: Transportation firms and their insurance companies will do everything possible to minimize claims. An attorney experienced in these matters can help level the playing field against corporate interests and navigate the legal complexities.
Q: What damages am I entitled to in a truck accident-related claim?
A: Depending on the circumstances, an attorney can evaluate a case to ascertain whether you are entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Other damages like economic and non-economic issues
The Detailed Investigations of a Truck Accident Lawyer
Conducting an in-depth examination of the truck accident to find crucial evidence is one of your lawyer’s first and most crucial tasks. This involves examining:
- Crash scenes
- Police reports
- Eyewitness statements
- Electronic logging device (ELD) data
- Truck maintenance records
- Driver personnel files and driving histories.
Your attorney will work with accident reconstruction specialists to pinpoint the exact cause of the collision and identify all liable parties based on the investigation. The typical parties investigated for blame in a truck accident case are:
- The truck driver
- The trucking company that employs the driver
- The company that owns or leases the truck
- The company that loaded the truck’s cargo
- The truck or parts manufacturer
- Third-party maintenance providers:
Each of these parties may have separate insurance policies, expanding the potential sources of compensation.
The Compelling Case Created by a Truck Accident Attorney
An experienced truck accident lawyer will use all the information acquired throughout their inquiries to create a persuasive case that shows the full degree of the defendant’s responsibility.
They will also compile evidence to show the immediate and long-term effects the accident has had on a victim’s life.
Truck accident attorneys may collaborate with medical experts to detail injuries and prognosis. Vocational experts may be utilized to illustrate how the accident has affected a victim’s ability to work.
Financial experts may be brought in to calculate the economic losses accumulated because of the wreck.
Handling Communications and Negotiations
Teams of attorneys employed by trucking firms and their insurers try to reduce the amount of accident compensation money that they must pay out.
Your attorney will manage all communication with these parties on your behalf, fighting back against tactics intended to devalue or deny your claim.
Your lawyer will negotiate aggressively for a fair settlement that covers all your losses. If the other side is unwilling to make a reasonable offer, your attorney will be fully prepared to take your case to trial.
Ensure Your Rights Are Protected
Truck accident cases have strict filing deadlines and procedural requirements. A single misstep could jeopardize your entire claim.
Your lawyer will ensure all paperwork is prepared correctly and submitted on time to protect your right to recovery.
Your attorney is also your advocate against trucking companies that may try to obstruct the legal process or shift undue blame onto you.
Understanding Truck Accident Causes & Liability
Truck accidents can have various causes, and establishing fault requires figuring out the main one. Some common causes of truck accidents include:
Driver Error
- Fatigue or falling asleep at the wheel
- Distracted driving (texting, eating, or using navigation systems)
- Speeding or reckless driving
- Driving while under the influence of drugs or alcohol
- Inadequate training or experience
Trucking Company Negligence
- We are encouraging or requiring drivers to violate hours-of-service regulations
- Not maintaining trucks properly
- Hiring unqualified or dangerous drivers
- Overloading or improperly securing cargo
Equipment Failure
- Defective tires, brakes, or other critical components
- Inadequate truck maintenance
- Manufacturer defects in truck design or parts
A truck accident may result in liability for one or more parties, depending on what caused it. For example, if a fatigued driver caused a crash, the driver and the trucking company that pushed them to exceed hours-of-service limits may be responsible.
According to Louisiana product liability regulations, the manufacturer may be held accountable if a defective truck part causes an accident. A lawyer’s investigation will look closely at the accident to see who might be held legally responsible.
The Impact of Federal Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) strictly governs the commercial trucking sector and sets standards for truck driver qualifications, hours of service, vehicle maintenance, cargo security, and more.
These laws are intended to protect drivers’ safety and avoid accidents. Trucking businesses and drivers who break these regulations endanger other people and may be held accountable for any accidents that happen.
Hours of Service (HOS) Rules
To combat driver fatigue, a leading cause of truck accidents, the FMCSA limits the number of hours truck drivers can operate their vehicles daily and weekly. Drivers must also:
- Take mandatory rest breaks
- Maintain detailed driving and rest time logs.
Violating HOS rules is compelling evidence of negligence in a truck accident case.
Vehicle Maintenance Standards
Trucking businesses must do routine maintenance, repairs, and inspections on their trucks to guarantee their safety. Thisincludes checking:
- Brakes
- Tires
- Lights
- All other critical safety components
Failure to properly maintain trucks can lead to catastrophic equipment failures and accidents.
Driver Qualifications & Training
Commercial truck drivers must possess a valid commercial driver’s license (CDL) and pass a road test, physical examination, and drug test.
Trucking companies must also provide proper training and supervision for their drivers. Employing unqualified or poorly trained drivers can be grounds for liability in an accident.
Cargo Securement Rules
Improperly loaded or secured cargo may shift during transportation, causing vehicles to lose equilibrium and increasing the risk of rollovers and lost-load accidents.
FMCSA regulations dictate how cargo must be distributed and secured to prevent such accidents.
Your truck accident lawyer will investigate whether federal trucking regulations were violated in your case and use this information to build a strong argument for liability.
Trucking companies that prioritize profits over safety and compliance put everyone on the road at risk. By holding them accountable, your lawyer fights for your right to compensation and helps deter dangerous violations in the future.
The Importance of a New Orleans Truck Accident Attorney
If you or a loved one has been involved in a truck accident in New Orleans, an experienced lawyer can fight for your interests. This can be crucial when you are up against powerful trucking companies and their insurers after a devastating tractor-trailer crash.
A qualified attorney can manage every aspect of your case, giving you the peace of mind to focus on healing. While monetary compensation alone cannot make up for the damage you have suffered, securing fair compensation with the help of a skilled lawyer can provide vital support as you rebuild your life after a catastrophic truck accident.
Seek The Help of Experienced NOLA Truck Accident Lawyers at AKD Lawyers
If you were injured in a truck accident in New Orleans, do not delay in getting the legal assistance you require. Contact the dedicated truck accident attorneys at AKD Law today for a free consultation.
Our team has the knowledge, experience, and resources to take on complex 18-wheeler accident cases and fight tirelessly for the maximum compensation you are owed.
You do not have to navigate this challenging time alone. Let us use our skills to help you.
Resources
- National Highway Traffic Safety Administration (NHTSA) – Large Truck Crash Facts: This resource provides statistics and insights into truck accidents, which can be helpful for understanding the context in which legal representation is necessary. Visit the NHTSA site .
- American Trucking Associations – Safety and Compliance: This organization offers resources related to trucking safety regulations and compliance, which are essential for understanding the legal landscape surrounding truck accidents. Explore their resources .
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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.
