Truck Accident Attorney in Gonzales, Louisiana

When a commercial truck collides with a passenger vehicle, the outcome is usually far more dangerous than regular auto accidents. Due to the size and weight of these vehicles, truck accidents are often more severe and can lead to severe injuries, significant property damage, and even death. Victims of these accidents are often left to deal with medical bills, lost wages, and emotional trauma.

Truck accident cases are also often more challenging than other vehicle accident claims due to the involvement of large trucking companies, federal regulations, and multiple potentially liable parties. In Louisiana, many major highways and interstates are used by commercial vehicles, and truck accidents are unfortunately common.

If you or a loved one has been involved in a truck accident in Gonzales, Baton Rouge, Livingston Parish, St. James Parish, or Jefferson Parish, it’s important to understand your rights and the legal steps involved. Get in touch with Allen V. Davis & Associates for the help you need.

Causes of Truck Accidents

The causes of truck accidents can vary but are often similar to the factors that commonly lead to other types of motor vehicle accidents. However, due to the nature of the trucking industry, there are additional risks involved with these type of accidents:

• Fatigue: A common cause of truck accidents is driver fatigue. Truck drivers often face tight delivery schedules and may drive for extended hours without adequate rest, leading to fatigue.

• Mechanical failures: Additionally, mechanical failures such as brake malfunctions or tire blowouts can lead to catastrophic accidents. Federal regulations require regular maintenance checks for commercial trucks, but some companies or drivers cut corners to save time or money, resulting in dangerous vehicles on the road.

• Dangerous behaviors: Distracted driving, speeding, and alcohol or drug impairment are other leading causes of truck accidents, just as they’re in regular car accidents. However, when a truck driver engages in these dangerous behaviors, the consequences can be much more severe due to the sheer size and force of a truck.

The Severity of Injuries in Truck Accidents

The injuries resulting from truck accidents are often life-altering. Because of the size disparity between trucks and passenger vehicles, occupants of the smaller vehicle are more likely to suffer severe injuries. These can include

• Traumatic brain injuries

• Spinal cord damage

• Broken bones

• Internal organ damage

• Severe lacerations

Many victims face long-term rehabilitation and, in some cases, permanent disability. Victims often also experience significant emotional and psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. Families of those injured or killed in truck accidents can also experience emotional and financial strain due to adjusting to new caregiving roles or facing the tragic loss of a loved one.

Potential Compensation for Truck Accident Claims

Due to the catastrophic nature of these injuries, compensation in truck accident cases can be much higher than in regular car accident claims. Medical costs alone can quickly skyrocket, and victims may need compensation for long-term care or accommodations for disabilities.

The damages available in a truck accident claim can cover a wide range of losses. Some of the most common types of compensation include:

• Medical bills

• Lost wages

• Pain and suffering

Additionally, if you’ve been left with long-term disabilities, you may be entitled to compensation for future medical care and lost earning capacity. It’s also possible to recover damages for emotional distress, loss of enjoyment of life, and, in cases where the accident resulted in death, wrongful death claims may be brought on behalf of the deceased’s family.

Liability in Truck Accidents: Multiple Parties Involved

Unlike in a typical car accident, where the fault may lie with one or both drivers, truck accident cases often involve multiple parties. This can include:

• The truck driver

• The trucking company

• The owner of the truck

• The manufacturer of the truck or its parts

• Third-party contractors responsible for maintenance or loading the truck

In many cases, trucking companies can be held liable for accidents involving their drivers. This is especially true if they have violated federal regulations concerning driver hours, vehicle maintenance, or load limits. Trucking companies are also responsible for making sure their drivers are adequately trained and qualified to operate large commercial vehicles.

In some cases, the truck driver may be found solely responsible for the accident due to negligent driving behavior such as speeding, distracted driving, or driving under the influence. However, the driver’s employer can often still be held accountable under the legal theory of “vicarious liability,” which holds employers responsible for the actions of their employees.

Additionally, third-party contractors responsible for maintaining the truck or securing its cargo may also share liability if improper maintenance or improper loading contributed to the accident. The web of potential defendants in truck accident cases makes it essential to have experienced legal representation to identify all possible sources of compensation.

Federal Regulations and Trucking Laws

The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), which sets forth rules governing how many hours truck drivers can be on the road, how often they must rest, and how trucks must be maintained. These regulations are designed to reduce the risk of accidents.

When a truck accident occurs, one of the key issues is often whether the trucking company or driver violated any of these federal regulations. For example, if a driver was on the road for longer than allowed by law without taking a break, they may be found at fault for causing the accident.

Similarly, if a truck wasn’t properly maintained according to federal regulations and this led to a mechanical failure, the company or maintenance provider may be held liable.

Since federal regulations play in these cases, it’s important to work with a truck accident attorney who has experience handling truck accident claims. Understanding how to investigate compliance with FMCSA regulations can be crucial to proving liability for your case.

The Importance of Immediate Action After a Truck Accident

If you’ve been involved in a truck accident, it's important to act quickly. Trucking companies and their insurers often strive to protect their interests after an accident, and they may begin gathering evidence or trying to shift blame onto the victim. It’s important to contact a truck accident attorney as soon as possible to make sure that your rights are protected and that evidence is preserved.

Evidence in truck accident cases can include driver logbooks, truck maintenance records, electronic data from the truck’s onboard computer, and eyewitness statements. Trucking companies are required to maintain certain records, but they may only be required to keep them for a limited time, so it’s crucial to act quickly to secure these records before they’re destroyed or lost.

A skilled truck accident attorney will know how to investigate the accident, identify liable parties, and fight for maximum compensation. Trucking companies and their insurers have teams of truck accident attorneys working to minimize their liability, and you deserve the same level of legal representation on your side.