A Lafayette rollover crash lawyer from the Morris Bart law firm can help you with your truck accident claim or lawsuit. If a truck driver caused your accident and injuries in Lafayette, Louisiana, you might be able to recover compensation for the expenses and losses you incurred.
The Morris Bart law firm can review the details of what caused your accident and the damages you suffered as a result. We can also explain your rights and help you understand all applicable laws. While you focus on recovering from your injuries, we can fight for compensation on your behalf.
Recovering Damages After a Lafayette Rollover Truck Crash
If you suffered harm because of a rollover truck accident, you could have significant financial losses as well as pending bills and out-of-pocket expenses. Injuries in these accidents may require hospitalization, surgery, ongoing and future care, and months away from work. Some people have permanent injuries as a result. Unfortunately, some truck accident victims pass away from their injuries.
The expenses and losses you incurred and will likely experience in the future may be recoverable with a successful insurance claim or trial verdict. Building a strong case may require proving the value of your damages through documentation, expert testimony, and other evidence.
The Types of Damages You May Be Able to Claim
Potentially recoverable damages in a truck accident case may include:
- Medical costs, both current and in the future
- Ongoing or future care and support needs
- Lost wages
- Diminished ability to earn a living
- Car repair or replacement costs, as well as other property damages
- Miscellaneous expenses
- Pain and suffering
- Wrongful death damages for surviving immediate family members of the decedent
Proving Negligence in a Rollover Crash Case
When a tractor-trailer leaves the roadway or tries to maneuver too quickly, a rollover could occur. Tanker trucks, in particular, can be at an increased risk of rollovers due to the shifting of their liquid loads. Rollover accidents can occur because of driver error, conditions related to the truck, or a partially full tank.
According to the Federal Motor Carrier Safety Administration (FMCSA), 78% of cargo tank truck rollover crashes involve driver error, and 63% occur with trucks carrying only a partially full tank. One in five involves distracted driving or drowsy driving.
Similarly, unsecured or improperly secured cargo can cause a trailer to roll over onto nearby cars or ensnare them in an accident. In a rollover, the trailer or tank can lose its load and cause additional issues for other motorists, too.
The Trucking Company May Be Vicariously Liable in Rollover Truck Crashes
Louisiana law allows a Lafayette rollover crash lawyer from the Morris Bart law firm to build a case against both the truck driver and their employer in many instances. Per Louisiana Civil Code (CC) §2320, companies must answer for the damages their employees cause in some specific situations. This is known as vicarious liability and is common in truck accidents.
In addition, the trucking company or another corporation could be directly negligent. There are several ways this could occur:
- If they did not follow proper procedures for loading the truck
- If they did not secure the load properly
- If they violated other FMCSA regulations
- If they knew of the driver’s history of distracted or drowsy driving yet retained them on staff
Our team at the Morris Bart law firm knows how to assign liability and navigate the claims process in a truck accident case. We pursue compensation for our clients and seek to hold all responsible parties accountable. We also represent clients who rolled their own vehicles after being hit by a tractor-trailer truck.
The Timeline to Sue for Your Rollover Crash Damages
Not all truck accident victims have to sue the driver and trucking company to recover their damages. A settlement agreement is often possible. However, if we cannot reach an appropriate agreement with the insurer or run out of time, the Morris Bart law firm is ready to file a lawsuit and take your case to trial.
In general, accident victims in Louisiana only have one year to decide if litigation is necessary and file their lawsuit. For personal injury lawsuits, the deadline is one year from the date of the accident, per CC §3492. For wrongful death lawsuits, the deadline is one year from the date of death, per CC §2315.2.
There may be exceptions in some cases that shorten these deadlines and require you to take action even sooner.
Speak to an Attorney About Your Rollover Crash for Free
You can reach the team from the Morris Bart law office in Lafayette for a complimentary consultation now. We will discuss your truck accident, damages, prognosis, and more with you during your case assessment. We can also explain our services and your legal options based on the circumstances that led to your crash.
Call the Morris Bart law firm today at (337) 446-4571 to get started. We are a contingency fee firm.
Questions?Call (337) 446-4571
to find a Morris Bart office near you.
