Baton Rouge  

Truck Accident Attorneys

Advocating for Victims of Semi-Truck Accidents in Baton Rouge

Every year, thousands of people in Louisiana are injured or killed in commercial vehicle accidents. Whether due to reckless driving, poorly maintained trucks, or negligent hiring practices, these accidents are almost always preventable. 

At Clayton, Frugé & Ward, we represent injured truck accident victims, as well as the families of those wrongfully killed in collisions with commercial vehicles. Our team of Baton Rouge truck accident lawyers aggressively pursues maximum compensation to help offset the cost of medical treatment, future care, and lost wages. We also fight to make sure liable parties are held accountable for our clients’ pain and suffering. 

To date, we have recovered over $1 billion in compensation, including many million- and multimillion-dollar settlements and verdicts. Get in touch with us today to learn how our team can help you seek the justice you deserve. 

Call (225) 209-9943 or schedule a free consultation online to discuss your legal options with a truck accident attorney in Baton Rouge. We're here to answer your questions and explain your options.

Common Truck Accident Injuries 

Because large trucks and buses can weigh up to 10,000 pounds, they’re typically involved in the most devastating accidents. Due to their sheer size, these vehicles have the potential to cause catastrophic injuries and widespread damage, even when collisions occur at relatively low speeds.

Common truck accident injuries include:

• Back and neck injuries
• Spinal cord injuries
• Blunt force trauma or crush injuries
• Traumatic brain injuries
• Traumatic amputation 
• Serious bone fractures 

Each of these injuries has the potential to completely derail a person’s life. Costly medical care, long recovery times, and loss of work are just a few of the typical ways a truck accident can rob a family of health and financial security. 

The immense impact of these injuries cannot be overstated. Victims often face a lifetime of rehabilitation and medical care, which can involve repeat surgeries and ongoing physical therapy. The psychological effects are also significant, as victims may suffer from PTSD, anxiety, and depression, requiring mental health support. These multifaceted challenges highlight the need for comprehensive legal assistance to secure funding for both immediate and long-term consequences. 

The Baton Rouge truck accident lawyers at Clayton, Frugé & Ward help plaintiffs get what they need to rebuild their lives, fighting for those at fault to cover medical costs, lost wages, and more. You shouldn’t have to face the consequences of someone else’s negligence on your own; let our firm fight for a fair recovery on your behalf. 

Common Causes of Truck Accidents in Baton Rouge

Louisiana trucking statistics have remained largely unchanged over the past decade, meaning roads haven’t gotten safer. Fatigue remains one of the leading causes of large truck accidents. The Federal Motor Carrier Safety Administration (FMCSA) reports that more than 1 in 8 truck accidents are directly caused by tired drivers despite strict regulations limiting driving time and requiring rest. That’s a problem: 1 in 4 accidents occur when a driver is on the road for over 17 hours. Recent studies show that lack of sleep affects driving performance nearly as much as alcohol.

Fatigue isn't the only concern. The trucking industry is also plagued by issues such as insufficient oversight in monitoring driver schedules to prevent overworking. In addition, the increasing demand for quick deliveries exacerbates these problems, as drivers often face pressures to meet tight deadlines, leading to the bending of safety regulations. These factors collectively contribute to a hazardous driving environment that increases the likelihood of accidents.

Other causes of big rig accidents include:

• Brake or tire failure 
• Lack of regular truck maintenance
• Poorly distributed weight 
• Improper or rushed cargo loading
• Distracted driving due to phone usage, eating behind the wheel, etc.
• Unsafe road conditions 
• Inclement weather
• Insufficient driver training 
• Hours-of-service violations 
• Defective trucks or truck parts 
• Negligent hiring practices 

Trucking companies know about these risks but haven’t invested in making their practices safer. Instead of hiring more drivers to allow more rest time per driver, companies incentivize getting behind the wheel as long as possible. Truck contractor arrangements, like pay-by-mile or pay-per-delivery, make owner-operators less inclined to conduct thorough self-inspections or ensure necessary maintenance. These and other factors contribute to a higher accident rate.

Understanding Louisiana's Trucking Laws & Regulations

In addition to federal regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA), Louisiana has its own set of laws that govern truck drivers and trucking companies. These regulations are designed to enhance safety on the road and hold truck operators accountable for their actions. 

Some of the key Louisiana truck regulations include strict limits on the weight and size of commercial vehicles, requirements for regular maintenance and inspections, and specific licensing standards for truck drivers. Louisiana also enforces strict penalties for violations like driving under the influence, failure to properly secure cargo, and violating hours-of-service rules, which are designed to prevent driver fatigue.

Additionally, Louisiana mandates that all commercial trucks carry adequate insurance to cover potential accidents and damages. This is crucial in ensuring financial accountability in the wake of an accident. Louisiana’s laws also demand that truck companies maintain detailed logs of driving hours and vehicle maintenance to aid in accident investigations. Adherence to these regulations is non-negotiable and forms the basis for liability in many truck-related accidents.

Louisiana's weight and size restrictions include:

• 20,000 pounds for a single axle
• 34,000 pounds for a tandem axle
• 42,000 pounds for a tridem axle
• 50,000 pounds for a quad axle

Truck drivers and companies operating in Baton Rouge must adhere to both federal standards and local rules. Failure to comply with these laws can result in liability in the event of an accident. For example, if a trucking company fails to properly maintain its vehicles or encourages its drivers to exceed hours-of-service limits, they may be held directly responsible for any resulting accidents. Similarly, if a truck driver is found to be operating under the influence of drugs or alcohol, Louisiana’s DUI laws impose severe penalties, which can strengthen the case against the driver and their employer.

Understanding these laws is pivotal for all parties involved in truck operations within the state. Improvements in compliance measures are constantly discussed to reduce accidents and improve road safety. As technology evolves, so does the landscape of these regulations, with potential forthcoming legislative changes focused on reducing distracted driving and enhancing vehicle tracking systems.

Determining Liability After a Truck Accident in Baton Rouge

Determining liability after a truck accident can be complex due to the various parties involved. If the driver of the commercial vehicle was negligent, they could be held responsible. However, their employer—the trucking company or some other third party—could also be liable. To make matters even more complicated, some truck accidents are the result of less-obvious causes, such as a defective braking system or improperly loaded cargo, leading to loss of vehicle control. Finding out who is responsible involves careful investigation and a thorough review of all available evidence.

Beyond just the immediate drivers and their employers, there are multiple layers in determining liability. Often, truck part manufacturers, if found to have defects in the components like brakes or engines, could share the burden of liability. Additionally, cargo companies that improperly load materials or fail to communicate load plans contribute to compromises in vehicle safety and stability, further complicating liability.

Depending on the unique circumstances of the case, any of the following parties could be partly or entirely liable for a Baton Rouge truck accident: 

• The truck driver 
• The trucking company 
• The entity that owns or leases the truck
• The person or party responsible for truck maintenance 
• The person or party responsible for loading the truck’s cargo 
• Another motorist or third party 

At Clayton, Frugé & Ward, our truck accident lawyers in Baton Rouge diligently investigate claims to uncover the truth of what happened. This allows us to identify the liable party and work to hold them accountable for your damages. Effective investigation involves the collection of witness statements, analysis of maintenance records, and collaboration with reconstruction experts. By implementing a thorough investigative approach, we can ensure that all factors are considered so that our clients receive a comprehensive evaluation of their claims, leading to a fair and justified pursuit of compensation.

How Comparative Negligence Works in Louisiana Truck Accident Cases

Louisiana follows a pure comparative negligence system, which means that even if you are partially at fault for the accident, you may still recover damages. However, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the truck accident, you can still recover 80% of the total damages. 

This law is especially important in truck accident cases where multiple parties may be held responsible, such as the truck driver, the trucking company, and potentially third-party contractors. It’s not uncommon for defense attorneys to argue that the injured party shares some responsibility to reduce the amount they must pay. Having an experienced Baton Rouge truck accident attorney on your side can help minimize your fault—and maximize your recovery.

What Damages Can Baton Rouge Truck Accident Victims Recover? 

After an accident with a semi-truck, 18-wheeler, or other big rig, you may be dealing with significant physical, emotional, and financial hardships. This can cause serious strain for you and your family. By filing a truck accident lawsuit in Baton Rouge, you can seek financial compensation for the collective losses you have endured because of the accident.

There are several different types of damages available in truck accident claims: 

• Compensatory Damages: “Compensatory damages” refers to money awarded to victims in order to compensate them for specific losses. There are two types of compensatory damages, outlined below:
  • Economic Damages: This includes losses associated with a specific monetary value, such as medical bills, lost wages, and rehabilitation costs
  • Non-Economic Damages: These are intangible losses for which there is no set dollar value, like pain and suffering or loss of earning ability
• Punitive Damages: Unlike compensatory damages, punitive damages are awarded to punish the defendant, typically for acts of gross negligence or wrongdoing. In Louisiana, punitive damages are awarded only in very rare circumstances.

At Clayton, Frugé & Ward, it is our job to help our clients recover the full, fair amount they are owed. We are aggressive when it comes to pursuing damages on behalf of truck accident victims because we understand the impact these collisions have. We want to help you recover the compensation you need to get critical medical care and manage the aftermath of the crash. 

Apart from covering immediate expenses, substantial settlements or awards may include provisions for future economic shifts. These can account for inflation-adjusted costs anticipated over the long recovery periods or ongoing care. Understanding this, our firm ensures the financial strategies presented cover present and future needs, safeguarding against unforeseen financial strains.

What Makes Truck Accident Cases in Baton Rouge So Complex? 

The size difference between a commercial truck and a passenger vehicle makes truck accidents far, far worse than most typical car crashes. Additionally, due to the business interests involved in big rig accidents, victims and their families have to contend with commercial insurers whose sole job is to minimize losses for the trucking company.

Some of the key differences between truck accident and car accident claims include: 

• Worse losses: When they are involved in collisions, commercial trucks unleash enormous forces compared to typical passenger vehicles. This generates catastrophic or fatal injuries at a much higher rate. As a result, victims have a far higher likelihood of suffering severe injuries and long-term damages.
• More complex liability: Commercial vehicle accidents potentially involve several parties, such as the truck operator, their employer, commercial insurance companies, truck maintenance providers, and third-party logistics providers. Determining liability between all these parties can be difficult for people unfamiliar with truck accident claims.
• Longer investigative process: Commercial truck operations are subject to strict federal and state regulations, which impact how collisions are investigated, as well as how claims are processed. This makes truck accident claims much more complex than the average car accident case. 

All these elements mean you simply cannot handle a truck accident claim the same way you’d handle a typical car accident. Any collision with a commercial vehicle demands the professional experience and legal knowledge our Baton Rouge truck accident lawyers bring. We navigate the various liability issues on our clients’ behalf, allowing them to focus on receiving medical care and emotional support during this challenging time. 

The dynamic nature of trucking operations requires continuous learning and adaptability on the part of legal representatives. Our team stays abreast of changes in law and insurance policies, providing a tailored approach to each unique case. This vigilance allows us to anticipate challenges and effectively manage both the legal and logistical obstacles often encountered in truck accident claims.

Spotlight on Baton Rouge Traffic: Key Routes & Risks

Baton Rouge's unique transportation landscape is marked by key highways and roads that facilitate significant commercial truck traffic. One of the most notable routes is the Interstate 10 corridor, which acts as a primary artery for east-west travel across the southern United States. Additionally, the I-110 and I-12 are critical connectors that contribute to the region's trucking network. These highways, while crucial for economic activity, also present unique challenges and risks for motorists sharing the road with large commercial vehicles.

On these heavily trafficked routes, congestion, particularly during rush hour or due to construction, can heighten the risk of truck accidents. Large trucks with limited maneuverability may struggle more than smaller vehicles to adapt to sudden changes in traffic flow, increasing the chance of collisions.

For residents and businesses in Baton Rouge, understanding the high-risk zones on these highways is critical for safety and planning. Educating truck drivers on the specific challenges associated with Baton Rouge's infrastructure can contribute to safer driving practices. Similarly, local authorities and transportation bodies continually seek ways to alleviate congestion and enhance safety measures through improved signage, road maintenance, and the implementation of traffic-calming strategies in high-risk areas.

Advancing Trucking Safety in Baton Rouge: Local Initiatives & Technology

In recent years, Baton Rouge has made strides in enhancing road safety through various local initiatives and the adoption of advanced technologies. The city has implemented programs aimed at monitoring and improving high-traffic areas, fostering collaboration between local government and transportation agencies to tackle persistent road safety issues. These initiatives include increased patrols and the installation of speed cameras in areas where speeding is a frequent factor in accidents.

Moreover, advancements in vehicle technology are playing a role in reducing truck accidents. Innovations such as automatic braking systems, lane-keeping assistance, and advanced driver-assistance systems are now more commonly found in commercial vehicles. These technologies assist drivers in maintaining control of their vehicles, even in hectic traffic conditions, potentially reducing the incidence and severity of accidents.

Local businesses and transport companies in Baton Rouge are encouraged to integrate these technologies into their fleets, as they have been shown to enhance safety and operational efficiency. Moreover, educational programs focusing on the benefits of these technologies can raise awareness among truck drivers and encourage safer driving habits. As these efforts continue to evolve, Baton Rouge remains committed to enhancing traffic safety and reducing the toll of truck accidents within the community.

How Our Baton Rouge Truck Accident Attorneys Can Help 

Truck accidents can be life-ruining. They’re also complex, involve numerous legal issues, and concern large entities who are solely dedicated to making sure accident victims get as little as possible. 

At Clayton, Frugé & Ward, we help plaintiffs even the playing field, maximizing their odds of recovering what they need to get back on their feet. Every case begins with a free legal consultation, where a lawyer from our team can lay out your legal options and answer any questions you may have. If you or someone you love was involved in a large truck accident in Baton Rouge or anywhere in Louisiana, reach out to our team today to learn how we can help.

Contact our Baton Rouge truck accident attorneys today for your free consultation: (225) 209-9943.

Baton Rouge Truck Accident FAQ

What Steps Should I Take Immediately After a Truck Accident?

In the aftermath of a truck accident in Baton Rouge, it is crucial to ensure safety and document the incident. First, check if you or your passengers need medical assistance and call emergency services for immediate help. Once it is safe, document the accident scene by taking photos of vehicle positions, damage, and any visible injuries. Gathering contact information from witnesses and the truck driver is also vital, as they can provide valuable statements during the investigation process.

After addressing immediate concerns, contact a Baton Rouge truck accident attorney to discuss your options. An attorney can guide you through the legal process, help determine liability, and work to secure compensation for medical expenses, lost wages, and other damages. By acting promptly and methodically, you can protect your rights and improve your chances of receiving a fair settlement.

How Can I Prove Fault in a Truck Accident Case?

Proving fault in a truck accident case involves thorough investigation and evidence collection. Key elements include police reports, eyewitness testimonies, and photographic evidence from the accident scene. Additionally, data from the truck’s electronic logging device (ELD) can provide insights into the driver’s hours on the road, which may contradict claims of compliance with duty regulations.

Expert testimony, such as that from accident reconstruction specialists, can also play an essential role in building a strong case. These experts can analyze the incident, determine the sequence of events, and identify contributing factors to the accident. A Baton Rouge truck accident attorney can coordinate these investigative efforts, ensuring all evidence is presented effectively to support your claim.

What Is the Statute of Limitations for Filing a Claim?

In Louisiana, the statute of limitations for filing a personal injury claim following a truck accident is one year from the date of the accident. This time frame is critical, as failing to file a claim within this period can result in losing your right to pursue compensation. It is advisable to contact a truck accident attorney soon after the incident to discuss your options and begin the claims process promptly.

An attorney can help manage the necessary paperwork, negotiate with insurers, and gather evidence within this strict timeline. By ensuring that all legal requirements are met on time, you increase your chances of a successful outcome in your case.

What Impact Does Local Traffic Regulation Have on Truck Accidents?

Local traffic regulations play a significant role in truck accident dynamics by dictating safe driving practices and setting penalties for violations. In Baton Rouge, adherence to weight limits, speed controls, and traffic light regulations are crucial for preventing accidents. These regulations ensure that the flow of traffic remains safe and efficient, mitigating the risk of mishaps on busy streets and highways.

Non-compliance with these rules can result in increased liability for trucking companies and drivers. Familiarity with local regulations, paired with consistent enforcement, contributes to safer roads. An understanding of these elements is essential for any legal claim involving a truck accident in the Baton Rouge area, as they form the basis of many negligence arguments and are crucial for assessing the broader context of an incident.