Liability In A Trucking Accident Injury Claim
If I Suffered A Serious Injury After Being Hit By A Semi-Truck In Louisiana, Who Do I File A Claim Against?
In the event of a serious injury caused by a semi-truck, you would typically file a claim against the driver, the trucking company, and their respective insurance providers. Depending on the circumstances, a claim might also be made against the shipper or the broker.
What Is The Statute Of Limitation In Filing A Trucking Accident Lawsuit In Louisiana?
In Louisiana, the statute of limitations for filing a lawsuit in a trucking accident is one year from the date of the event, known as Liberative Prescription. For instance, if the accident occurred on July 14th, 2023, you would have until July 14th, 2024, to take action against the responsible party. However, for claims against your uninsured/underinsured motorist coverage on the vehicle you were driving, you have two years from the date of the event. Please note that in other states, these time frames may vary.
When Someone Has Been Injured In A Trucking Accident, And They Come To You With Their Case, What Information Do You Need From The Onset?
Initially, any available police reports and photographs of the damage to your vehicle would be most beneficial. If possible, photographs of the other party's vehicle, the identity of the driver, and the trucking company should be provided. It would also be helpful to know which law enforcement agency was involved – city police, parish police (equivalent to county police in other states), or state troopers (or their out-of-state equivalents like the Texas Rangers). The accident's location is also crucial. Unlike with a car accident, insurance coverage of your vehicle is less important when a commercial vehicle is involved.
If The Trucking Company Responsible For The Accidents That Caused My Injuries Is Based In Another State, Does That Impact My Personal Injury Case?
Yes, the trucking company's location can impact your personal injury case. If they are based in another state, it may influence where you can file the lawsuit. Depending on the parties involved, it might also determine whether your case can be brought in federal or state court.
Does It Make Sense To File A Personal Injury Lawsuit Against The Driver Of A Semi-Truck As Well?
Yes, it is crucial to file a lawsuit against the driver of the semi-truck. The driver serves as your primary access point to the trucking company and the associated insurance company. Without including the driver in your lawsuit, there's no foundation for liability that holds the company and the insurance provider accountable. The concept of vicarious liability ties the actions of the driver to the company, making them jointly responsible for the damages caused.
Why Must I Retain Legal Representation From A Knowledgeable And Experienced Trucking Accident Lawyer In Louisiana?
Each type of litigation comes with its own set of rules, procedures, and necessary approaches for investigating and developing a claim or a case. For instance, a lawyer specializing in trucking cases wouldn't necessarily be well-versed in bankruptcy, DWI, drug defense, or family law cases.
A trucking accident lawyer will have in-depth knowledge of the safety rules, policies, and procedures that govern trucking companies and drivers. They will understand the Federal Motor Safety Regulations, driver qualifications, and operational requirements, which an untrained individual might overlook or not comprehend fully.
Additionally, a knowledgeable trucking accident lawyer will be aware of potential insurance coverages, how to access them, and the need to hire appropriate experts, such as accident reconstructionist, who can download and analyze data from the involved vehicles. They will also understand how to establish causation, potential future medical cost, and non economic damages.
A competent lawyer will be able to conduct thorough discovery, litigate the case, and take it to trial, maximizing your chances of a successful recovery. In contrast, a lawyer who specializes in another field, like tax law, might lack the necessary familiarity with the intricate dynamics of a trucking accident case.
For more information on Liability In A Trucking Accident Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 267-9729 today.