New Orleans

Truck Accident Attorney

Record-Setting Results for Victims of Big Rig Accidents in New Orleans

Truck accidents are responsible for thousands of injuries and fatalities every year—over 100,000 people are injured each year in collisions involving semi-trucks, tractor trailers, and big rigs. These accidents can be among the most devastating of all vehicle crashes. Big rigs weigh more than 10,000 pounds and cause significant damage. If you or a loved one has suffered injuries in a truck accident in Louisiana, you have the right to seek compensation. 

Contact the New Orleans truck accident lawyers at Clayton, Frugé & Ward today for a free case review; call us at (225) 209-9943 to learn more.

What Makes Truck Accidents Different Than Other Vehicle Collisions? 

Truck accidents differ significantly from other types of motor vehicle accidents in several ways. These differences are crucial to understand, both in terms of the severity of the accidents and the legal complexities they present.

Here are some things that make truck accidents different from typical car accidents:

• The Severity of the Damage: Due to their immense size and weight, trucks can cause more severe damage compared to typical passenger vehicles. In a collision, this more often leads to more serious injuries and a higher risk of fatalities.
• Greater Liability Complexity: Determining liability can be more complex after a truck accident compared to a typical car crash. These cases often involve multiple parties, like the truck driver, the truck company, manufacturers of truck parts, and, sometimes, third-party logistics providers.
• The Regulatory Environment: The trucking industry is subject to stringent federal and state regulations, which impact how accidents are investigated and claims are processed. Your attorney must be aware of these regulations to effectively move forward with your claim.

Additionally, the aftermath of a truck accident often requires specialized investigative techniques. Professionals might need to reconstruct the accident scene to understand the dynamics involved, particularly when disputes arise regarding liability, fault, and related issues. Accident reconstruction can provide valuable insights into critical factors, like speed, visibility, and point of impact, which traditional investigations might overlook.

Acquiring evidence after a truck accident is multifaceted and can involve data from electronic logging devices, dash cams, and maintenance records. This evidence is pivotal in understanding compliance and safety issues unique to trucking, such as hours-of-service violations and vehicle integrity at the time of the crash. These elements underscore the necessity for legal representatives who are well-versed in truck accident cases and who can navigate these complexities on your behalf.

Common Causes of Truck Accidents in New Orleans

One common cause of truck accidents is trucker fatigue. In fact, the Federal Motor Carrier Safety Administration (FMCSA) reported that at least 13% of truck accidents are directly attributed to driver fatigue, despite requirements outlined in Chapter 6.3.1 of the Motor Carrier Safety Planner. These requirements provide specific instructions for how long truck drivers are allowed to operate vehicles, when they must take breaks, how long those breaks must be, and the overall number of hours they can drive in a given period.

About 25% of truck accidents occur when the driver has been driving for over 17 hours in a day. Truckers make money based on the number of miles they travel; however, they must spend time inspecting their vehicle, filling their logbook, and waiting for cargo to be loaded. Drivers are not paid for these duties, meaning they are often motivated to drive as much as they can to make up for lost time. This leads to driver fatigue and poses a serious hazard to others on the road.

In addition to driver fatigue, other common causes of truck accidents include:

• Mechanical Failures: Failure to adhere to regular maintenance schedules can lead to mechanical issues, such as brake failure or engine problems.
• Improper Loading: Incorrectly loaded or improperly secured cargo can shift during transit, causing the truck to become unstable.
• Distracted Driving: Like all road users, truck drivers can be susceptible to distractions behind the wheel, such as using a cellphone or eating.
• Impaired Driving: Truck drivers may use stimulants or consume alcohol before operating large, dangerous vehicles, leading to serious accidents.
• Poor Weather Conditions: Large trucks are particularly vulnerable to adverse weather conditions, including rain, snow, hail, and sleet.
• Inadequate Training: Insufficient training for truck drivers on handling large vehicles can contribute to serious collisions on shared highways and roads. 

In today's world, distracted driving is a significant problem for all motorists, including truck drivers. It's worth noting that distracted driving not only includes texting or talking on a cellphone but also eating, adjusting the radio, or using a GPS while driving. Such distractions can take the driver's attention away from the road, leading to dangerous consequences. 

Similarly, poor weather conditions increase the stopping distances needed for trucks, complicate maneuvering, and reduce visibility, making it vital for truck drivers to be especially cautious during such conditions.

Moreover, mechanical failures, often involving brakes, tires, or steering systems, highlight the critical need for routine inspections and strict adherence to maintenance schedules to prevent potential dangers. Trucking companies and logistics providers are responsible for ensuring their fleet is compliant with safety standards, as the lack of such diligence directly endangers everyone on the road.

Why You Need a New Orleans Truck Accident Lawyer

Trucking accidents can be devastating, often resulting in serious injuries, extensive property damage, and even death. Even seemingly minor injuries from a truck accident can have long-lasting effects. If you or a loved one has been involved in a trucking accident, it's important to seek legal representation as soon as possible. An attorney can not only protect your rights but also work to ensure that you receive the full, fair compensation you are owed to help with costs associated with the accident, such as medical bills, lost income, and pain and suffering. 

At Clayton, Frugé & Ward, our New Orleans truck accident attorneys have a proven track record of success and are dedicated to helping victims of trucking accidents seek the justice they deserve. We understand how challenging this time can be, and we are here to do everything we can to help you move forward.

Having a knowledgeable truck accident attorney by your side can make a significant difference in the outcome of your claim. Our legal team is well-versed in handling the unique challenges presented by trucking accident claims, from gathering critical evidence to negotiating with insurance companies that often seek to minimize payouts. With our experience, we can help you build a strong claim and work to ensure all parties responsible for the accident are held accountable. We offer personalized guidance throughout the legal process, providing consistent updates and answering any questions you might have. We aim to alleviate some of the burdens that come with these complex situations, allowing you to focus on your physical and emotional recovery. Our team is committed to not only achieving favorable outcomes but also to supporting our clients with care and compassion during these trying times.

The Impact of 18-Wheeler Accidents in New Orleans

In New Orleans, 18-wheeler accidents pose unique challenges due to the city's dense traffic, complex road systems, and proximity to major ports with significant freight traffic. The high traffic levels, especially along Interstate 10, exacerbate the risk of serious accidents. When they are involved in these incidents, the massive size and weight of 18-wheelers exponentially increase the potential for catastrophic damage. Victims often face life-altering injuries, like spinal cord trauma and traumatic brain injuries, which require complex medical care and ongoing rehabilitative support. 

To make matters even more challenging, the legal landscape surrounding trucking regulations is also highly complex. New Orleans laws mandate strict adherence to safety protocols, including regular maintenance checks, compliance with weight limits, and rest periods as specified by the FMCSA. New Orleans truck accident attorneys must be adept at navigating these regulations to effectively hold negligent parties accountable. This requires detailed knowledge of both state and federal guidelines to help ensure that trucking companies and drivers do not sidestep their legal responsibilities.

Navigating the Legal Process After a Truck Accident in New Orleans

After a truck accident, understanding the legal process is crucial for those seeking compensation. The process typically begins with a thorough investigation of the accident, including collecting all available evidence, like photographs, eyewitness testimonies, and expert analysis. This foundational step is vital, as it lays the groundwork for building a compelling claim against the negligent parties. 

The next step in the legal process typically entails negotiating with insurance companies or other liable parties. These parties often employ strategies to undervalue claims or deny liability altogether. Having an experienced truck accident attorney by your side can help you counter these tactics and improve your chances of receiving fair compensation. 

It's also important to understand the potential for litigation if a fair settlement cannot be reached. Filing a lawsuit involves preparing the case for trial and engaging in discovery, where additional evidence is gathered and shared. At this stage, it is absolutely critical that you have an attorney who can help prepare your case for court.

Common Truck Accident Injuries

Truck accidents often result in severe injuries due to the immense forces involved. 

Common truck accident injuries include: 

• Broken bones, typically caused by the impact with the truck or being thrown around inside a vehicle. Such injuries can be complicated, requiring extensive medical treatment and rehabilitation. 
• Spinal cord injuries, often resulting from significant physical trauma in the crash. These injuries can lead to paralysis, necessitating lifelong medical care and adaptations.
• Traumatic brain injuries (TBIs) are also frequently associated with truck accidents. The forceful impact often causes the brain to collide with the skull, leading to concussions or more serious brain damage. These injuries can dramatically affect one’s cognitive abilities, behavior, and overall quality of life. 
• Internal injuries, which may not be immediately visible but can have serious, life-threatening implications. Prompt medical attention is crucial as untreated internal injuries can lead to severe complications. 

Due to the grave nature of truck accident injuries, victims often require extensive medical care, amounting to hundreds of thousands of dollars in medical bills. They may be unable to work, temporarily or permanently, and could face serious financial stress due to lost income or wages, lost benefits, such as health insurance, and diminished quality of life. 

Pursuing compensation for such extensive damages can be difficult, but a New Orleans truck accident lawyer from Clayton, Frugé & Ward can help. We know how to fight for justice on behalf of truck accident victims, and we are not afraid to go up against powerful insurance providers, trucking companies, and other entities that seek to diminish or deny their fault in these incidents. Our team has recovered record-setting verdicts and settlements for our clients; learn how we can help you with your truck accident case today.

Contact our New Orleans truck accident attorneys today for a free consultation: (225) 209-9943.

New Orleans Truck Accident FAQ

What Should I Do Immediately After a Truck Accident in New Orleans?

After a truck accident, prioritize your safety and the safety of others. Check for injuries and move to a safe location if possible. Call 911 to report the accident and request medical assistance, as some injuries may not be immediately apparent. Document the accident scene with photos if possible, and collect contact information from witnesses. Avoid admitting any fault at the scene, as the details of the accident will be sorted out during the investigation. Seeking medical attention promptly ensures that your injuries are documented, which is vital for your claim.

How Can a Truck Accident Lawyer in New Orleans Help Me?

A truck accident lawyer can provide valuable guidance and representation. Our team can handle the complexities of the legal process, including collecting evidence, negotiating with insurance companies, and representing you in court if necessary. An experienced attorney from our firm can work to hold all liable parties accountable, from the truck driver to the trucking company or even the manufacturer of a defective product or faulty piece of equipment. With our support, you can focus on recovery while we handle the legal details.

How Long Do I Have to File a Truck Accident Claim in Louisiana?

In Louisiana, the statute of limitations for filing a truck accident claim is generally two years from the date of the accident if the accident occurred on or after July 1, 2024. If the incident happened before this date, you generally have just one year to file a lawsuit. 

Note that the time frame may vary based on specific circumstances or if the accident involves additional claims against government entities. Therefore, it's essential to consult with a truck accident attorney as soon as possible to ensure your claim is filed within the applicable time limit. Delaying action could result in the forfeiture of your right to seek compensation. 

How are Damages Calculated in a Truck Accident Claim?

Damages in a truck accident claim are determined based on the extent of injuries, property damage, lost income, and emotional distress. Economic damages include medical expenses and lost wages, while non-economic damages cover pain and suffering, mental anguish, and loss of enjoyment of life. In some cases, punitive damages may be pursued if there is evidence of gross negligence by the truck driver or company. Working with a truck accident lawyer can help ensure all potential damages are identified and pursued, maximizing your compensation to cover both current and future implications of the accident.

What If My Truck Accident Claim Is Denied? 

Insurance companies deny truck accident claims for several reasons, including disputes over liability, insufficient evidence, or allegations of policy violations, such as claims being filed outside the statute of limitations. Insurance companies may assert that the injuries were pre-existing or not as severe as claimed. They might also argue that the policyholder was at fault. To protect yourself, it's vital to have an experienced truck accident attorney who can build a strong, evidence-backed claim and effectively negotiate with insurers to fight for the compensation you're rightfully entitled to.