Being involved in a big rig accident can lead to serious injuries and death. If you or a loved one were in a Baton Rouge car accident involving a big rig, you might be entitled to financial compensation for your damages.
Contact a Baton Rouge big rig lawyer from Morris Bart to learn how we can help you. Call our office at (225) 341-5694 today for a free initial consultation.
Causes of Big Rig Truck Accidents
A large commercial truck, such as a semi-truck or big rig, can weigh up to 80,000 pounds when fully loaded with cargo. When these massive trucks are involved in a traffic accident, the results can be catastrophic. There are many reasons that truck accidents occur. The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) analyzed nearly 1,000 truck accidents as part of the Large Truck Crash Causation Study. Researchers found that the top causes of truck accidents included:
- Brake problems
- Tire problems
- Speeding
- Driver inexperience or unfamiliarity with the road
- Illegal drug use
- Driver fatigue
- Driver inattention
- Distracted driving
- Cargo shift
- Road defects
Hours of Service Violations
One problem that has caused many truck accidents is driver fatigue. Sleepiness and sleep deprivation are major issues in the trucking world. Truck drivers must often work long hours and deal with inconsistent sleep schedules while on the road. To reduce the number of truck accidents caused by sleepiness, the FMCSA has instituted “Hours of Service” rules regulating how many consecutive hours a truck driver can drive and how often they must rest.
Truckers are expected to record the hours they spend driving and their hours resting in their logbook or electronic logging device. Unfortunately, some truck drivers falsify their logbooks and do not rest as often as they should. Some trucking companies may even encourage truck drivers to skip rest breaks to deliver cargo faster.
When a truck driver or trucking company violates FMCSA hours of service regulations, and driver fatigue results in an accident, the liable party may be required to reimburse any victims harmed in the accident.
For a free legal consultation with a Big Rig Accident lawyer serving Baton Rouge, call 800-537-8185
Liability for Big Rig Accidents in Baton Rouge
Fault is rarely black and white when it comes to truck accidents. Many different factors likely contributed to your accident. There may be more than one party who is liable for the costs resulting from your accident. The fault may lie with:
- The truck driver
- The trucking company
- The owner of the truck
- The party responsible for maintaining or repairing the truck
- The party who loaded the truck freight
- The manufacturing company that built a defective truck part
- The agency responsible for ensuring that the road was safe
Identifying the liable parties and obtaining evidence of that party’s negligence is a crucial part of winning your case. A Baton Rouge big rig lawyer from Morris Bart can help. Call us today at (225) 341-5694 for your free initial consultation.
Comparative Negligence for Accidents Involving Shared Fault
Sometimes, a claimant’s actions contributed to the severity of their accident. Defendants in a truck accident claim sometimes attempt to evade liability by overstating the claimant’s fault for an accident. You should know that you may be entitled to compensation for your accident even if your negligence played a role in the accident.
If you were speeding at the time of the accident, for example, the defense may argue that the accident would not have been as severe if you were driving below the speed limit. Fortunately, Louisiana law allows car accident victims to pursue compensation even if their negligence partially contributed to the accident.
If you are found to be partially at fault for the accident, the amount of compensation you may receive is reduced according to your percentage of fault. If your total damages were $100,000 and you were found to be 10 percent at fault, you could still recover $90,000.
Damages You May Be Entitled to Receive
Truck accidents can create a considerable financial burden in a person’s life. A truck accident victim may be left with escalating medical bills, financial hardship caused by time off work, and other costs. Someone who has lost a loved one in a truck accident may be unsure how they will make ends meet without their loved one’s financial support. The term “damages” refers to the costs caused by an injury or death. Damages in a truck accident claim may be economic as well as non-economic. There are several different types of damages that you could receive in a truck accident claim.
Medical Expenses
You could be entitled to reimbursement for your medical bills and compensation for your future medical expenses. Ambulance transportation fees, hospital bills, specialist care, rehabilitative care, prescription medications, out-of-pocket medical expenses, and other medical costs may be recoverable. If your loved one died because of injuries sustained in a truck accident, you might be compensated for the medical expenses incurred between your loved one’s accident and their passing.
Lost Income
Your injuries may have required you to miss work. Compensation for your lost income due to past missed work, as well as compensation for any future missed work, may be recoverable. If your injuries diminished your ability to earn an income, you could also be compensated for lost income-earning capacity. Through a wrongful death claim, you may be compensated for your loved one’s lost income and lost employment benefits.
Property Damage
Truck accidents often result in severe vehicle damage. Compensation for your vehicle repair or vehicle replacement costs may be available.
Pain and Suffering
Some damages in a personal injury or wrongful death claim are intangible. You may be compensated for your pain and suffering or the pain and suffering experienced by your loved one. Compensation for mental anguish and the loss of your loved one’s guidance and companionship may also be recoverable.
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Contact Morris Bart Injury and Accident Lawyers for Help Today
If you or a loved one were involved in a big rig accident in Baton Rouge, contact a Baton Rouge big rig lawyer from Morris Bart. Our team of experienced Baton Rouge injury attorneys can help you identify the liable parties, negotiate with the insurance companies, and fight for financial compensation on your behalf.
There is a one-year statute of limitations for most Louisiana injury and wrongful death claims, per Louisiana Civil Code (CC) §3492. If you do not file your claim within this deadline, the court may refuse to hear your case at all.
Call Morris Bart today at (225) 341-5694 for your free, no-obligation initial consultation.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
