If you suffered injuries in a blind spot truck accident in East Baton Rouge Parish, holding the trucking company accountable for their driver’s negligence might be possible. A Baton Rouge blind spot lawyer from Morris Bart may be able to help. We provide complimentary reviews of truck accident cases.
You can speak with a team member from our Baton Rouge office for free today. Call Morris Bart in Baton Rouge now at (225) 341-5694 to learn more about your accident case and the legal options available to collision victims in truck accident cases.
Pursuing a Negligence Case Against a Truck Driver
Truckers and other large vehicle drivers are responsible for checking their blind spots before moving, including pulling forward, changing lanes, turning, or backing up. It is important to ensure smaller vehicles, pedestrians, and objects are not in the way. Drivers may use additional mirrors, cameras, and other tools to help them see these areas more clearly.
While drivers must carefully and dutifully check their blind spots to prevent an accident, there are several ways the Federal Motor Carrier Safety Administration (FMCSA) recommends other motorists behave when driving near trucks to help the driver know they are there. This includes:
- Paying extra attention to a large vehicle when passing
- Leaving extra space between you and a large truck in front of you
- Avoiding the driver’s blind spots when they are trying to turn, back up, or change lanes
- Ensure you can see the driver’s mirrors
If a truck driver hits you because of a blind spot, you may have serious or even catastrophic injuries. This type of accident can cause override collisions, sideswipes, and more. You could face several weeks or even months of treatment, rehabilitation, and other necessary care, which may result in missing work and financial stress.
For a free legal consultation with a Blind Spot Accident lawyer serving Baton Rouge, call 800-537-8185
Assigning Liability in a Baton Rouge Truck Accident Case
A Baton Rouge blind spot lawyer from Morris Bart understands the statutes that apply to your truck accident case and how to navigate the claims process on your behalf. We may be able to build cases for our truck accident clients based on Louisiana Civil Code (CC) §2320. This statute allows us to hold the truck driver’s employer vicariously liable for the driver’s role in causing your injuries.
This section of Louisiana law requires us to prove:
- The truck driver acted carelessly or negligently and caused your accident.
- The driver was on the clock and working for the employer during the accident.
- You suffered physical and financial losses.
If we can provide evidence to support these three things, holding the trucking company accountable may be possible. This evidence allows us to file the insurance claim against the company’s corporate liability insurance policy, which will likely have higher payouts than an individual driver’s auto policy.
Pursuing Compensation in a Baton Rouge Blind Spot Accident
Negotiating an out-of-court settlement with the insurance carrier representing the trucking company is sometimes possible. The insurance company may agree to a payout that fairly reimburses your expenses and losses. When they refuse an agreement, allege you contributed to the accident, or deny the claim, taking the case to trial may be necessary.
Either a settlement or a court verdict could result in financial recovery that includes compensation for:
- Current treatment and injury-related care
- Future medical care related to your injuries
- Current and future lost income and benefits
- Diminished earning capacity for lasting injuries
- Damage to your vehicle
- Pain and suffering
- Intangible losses
It may be possible for qualifying family members to recover wrongful death damages via insurance claim or civil suit, as well. These damages could reimburse the immediate family for their losses related to their loved one’s death following a blind spot truck accident. Our team can review your family’s wrongful death case and explain your legal options during your initial consultation.
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Statute of Limitations on Filing a Civil Suit in East Baton Rouge Parish
If we need to take a case to trial in East Baton Rouge Parish, we have a strict timeline we must adhere to, according to CC §3492. Missing the deadline set by the state’s statute of limitations could mean losing the right to take legal action. A missed deadline could put your payout in jeopardy, making it difficult or impossible to secure just compensation.
Under Louisiana law, an accident victim generally only has one year from the accident date to file a civil suit and name the trucking company, driver, and other parties as defendants.
Discuss Your Case for Free with a Member of Our Team Today
A Baton Rouge blind spot lawyer from Morris Bart may be able to help you hold the trucking company accountable and seek compensation in your case. Call a Baton Rouge personal injury lawyer from Morris Bart serving Baton Rouge now at (225) 341-5694. We have team members standing by to discuss your accident and injuries and explain your rights based on the facts of your case.
Questions?Call 800-537-8185
to find a Morris Bart office near you.