When a semi-truck or 18-wheeler collides with a smaller vehicle, the results can be catastrophic. The sheer size and weight of these trucks often lead to severe injuries, extensive property damage, and even fatalities. If you or a loved one has been involved in a truck accident, you need experienced legal representation to navigate the complexities of these cases and secure the compensation you deserve.
At Chaz Roberts Law, we specialize in representing victims of truck accidents throughout Louisiana. Our legal team understands the unique challenges posed by truck accident cases, from the multiple parties involved to the federal regulations that govern the trucking industry. We are committed to advocating for your rights and ensuring that you receive the justice and compensation you need to recover and rebuild your life.
How Do 18-Wheeler Accidents Happen?
Truck accidents can occur for a variety of reasons, many of which are preventable and stem from negligence. Some of the most common causes of 18-wheeler accidents include:
- Driver Fatigue: Truck drivers are often under pressure to meet tight deadlines, leading to long hours on the road without sufficient rest. Fatigued drivers are more likely to make critical errors, such as falling asleep at the wheel or failing to react quickly to changing traffic conditions.
- Speeding: Due to their size and weight, trucks require longer stopping distances. When truck drivers exceed speed limits, especially in adverse weather conditions or on congested roads, they increase the risk of losing control and causing a serious accident.
- Distracted Driving: Like any other driver, truck drivers can become distracted by their phones, GPS devices, or other in-cab activities. Even a momentary lapse in attention can result in a devastating crash.
- Improper Maintenance: Trucking companies are responsible for ensuring that their vehicles are properly maintained and safe to operate. Neglected maintenance, such as failing to check brakes, tires, or lights, can lead to mechanical failures that cause accidents.
- Overloaded or Improperly Loaded Cargo: When a truck is overloaded or its cargo is not properly secured, it can affect the vehicle’s balance and handling, increasing the likelihood of rollovers or jackknife accidents.
- Reckless Driving: Some truck drivers may engage in aggressive driving behaviors, such as tailgating, weaving in and out of traffic, or making abrupt lane changes, putting everyone on the road at risk.
Who Can Be Held Liable After A Truck Accident?
One of the biggest questions in these types of cases is where is the money coming from? Whether you settle out of court or go through the entire cycle, understanding who is responsible for covering the damages is essential.
Unfortunately, determining liability in a truck accident can be more complicated than in a typical car accident, as multiple parties may be responsible for the crash. Potentially liable parties include:
- The Truck Driver: If the driver’s negligence, such as speeding, distracted driving, or driving under the influence, caused the accident, they can be held liable.
- The Trucking Company: The company that employs the driver may be held responsible if they failed to enforce safety regulations, encouraged unsafe driving practices, or neglected to maintain the vehicle properly.
- The Cargo Loader: If the accident was caused by improperly loaded or secured cargo, the company or individuals responsible for loading the truck could be liable.
- The Vehicle Manufacturer: If a mechanical failure, such as brake or tire failure, contributed to the accident, the manufacturer of the faulty part could be held accountable.
- Third-Party Maintenance Providers: If an outside company was responsible for the truck’s maintenance and failed to perform necessary repairs, they could also be liable.
Identifying all potentially liable parties is crucial to maximizing your compensation. A skilled attorney can investigate the accident and determine who is responsible.
How An Attorney Can Help Your Accident Claim
Navigating a truck accident claim is a complex process that requires legal expertise and a deep understanding of the trucking industry. At Chaz Roberts Law, our experienced Lafayette truck accident attorneys are here to guide you through every step of your claim.
Possible Damages To Recover After A Truck Accident
Victims of truck accidents often face significant financial burdens, in addition to the physical and emotional toll of their injuries. Depending on the circumstances of your case, you may be entitled to recover various types of damages, including:
- Medical Expenses: This includes compensation for current and future medical bills, rehabilitation costs, and any necessary medical equipment or modifications to your home.
- Lost Wages: If your injuries prevent you from working, you may be entitled to recover lost wages, as well as compensation for any future loss of earning capacity.
- Pain and Suffering: Truck accident victims often experience severe pain, emotional distress, and a diminished quality of life. Compensation for pain and suffering is intended to address these non-economic damages.
- Property Damage: If your vehicle or other personal property was damaged in the accident, you could be compensated for repair or replacement costs.
- Punitive Damages: In cases where the truck driver or company’s conduct was particularly reckless or egregious, you may be awarded punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future.
Contact Chaz Roberts Law Today
If you or a loved one has been injured in a truck accident, don’t wait to seek legal help. The experienced attorneys at Chaz Roberts Law are ready to fight for the compensation you deserve. Contact us today at (337) 504-3202 for a free consultation and let us help you navigate the legal process with confidence.
Truck Accident FAQs
What should I do immediately after being hit by a truck in Lafayette?
Your safety comes first. Move to a safe location if possible, call 911, and request medical assistance right away. Document the scene by taking photos of vehicle damage, road conditions, skid marks, and any visible injuries. Collect contact and insurance information from the truck driver, and get names and phone numbers from any witnesses. Avoid discussing fault with anyone at the scene, and do not sign anything or give recorded statements to the trucking company's insurance adjuster. Most importantly, seek medical attention even if you feel fine, as many truck accident injuries do not present symptoms right away.
How long do I have to file a truck accident lawsuit in Louisiana?
As of July 1, 2024, Louisiana extended the statute of limitations for most personal injury claims from one year to two years. This means if your truck accident occurred on or after that date, you generally have two years from the date of the accident to file a lawsuit. For accidents that occurred before July 1, 2024, the previous one-year deadline still applies. Certain types of claims, such as wrongful death and product liability, may follow different timelines. Regardless of the deadline, it is important to take legal action quickly. Critical evidence like the truck's black box data, driver logs, and maintenance records can be lost or overwritten if not preserved early.
What role do federal trucking regulations play in an accident claim?
The Federal Motor Carrier Safety Administration (FMCSA) enforces strict safety regulations that all commercial trucking companies and drivers must follow. These include hours-of-service rules that limit how long a driver can operate a truck without rest, mandatory drug and alcohol testing, vehicle inspection and maintenance requirements, and cargo loading standards. When a trucking company or driver violates these regulations, it can serve as strong evidence of negligence in your claim. For example, if a driver was behind the wheel longer than the federally allowed 11-hour driving limit, that violation may directly support your case. The team at Chaz Roberts Law investigates potential FMCSA violations as part of building your claim.
Can I still recover compensation if I was partially at fault for the truck accident?
Yes. Louisiana follows a modified comparative fault system under Civil Code Article 2323. Your compensation is reduced by your percentage of fault, but you can still recover damages as long as your fault does not reach 51% or more. However, if you are found to be 51% or more at fault, you are completely barred from recovering any compensation under the current law (effective January 1, 2026). This makes every percentage point of fault critical in a truck accident case.
Insurance companies routinely try to shift as much blame as possible onto the injured party to reduce or eliminate what they owe. Having an experienced truck accident attorney review the facts of your case can help protect your right to fair compensation.
What types of injuries are most common in truck accidents?
Due to the massive size and weight difference between a commercial truck and a passenger vehicle, injuries from these collisions tend to be severe. Common injuries include traumatic brain injuries, spinal cord damage and paralysis, broken bones and fractures, internal organ damage, severe burns (particularly in accidents involving hazardous cargo), herniated discs and other back injuries, and post-traumatic stress disorder. Some of these injuries may not become apparent until days or even weeks after the accident. Prompt medical evaluation following a truck accident is essential for both your health and the strength of any future legal claim.
Should I talk to the trucking company's insurance adjuster after an accident?
It is generally not in your best interest to speak with the trucking company's insurance adjuster without legal representation. Adjusters are trained professionals whose primary objective is to minimize the payout on your claim. They may ask seemingly innocent questions designed to get you to say something that undermines your case, and phone calls are often recorded. Even casual statements like "I'm feeling okay" can be used later to argue that your injuries are not as serious as claimed. Let your attorney handle all communication with the insurance company to protect your rights and the value of your claim.
How is a truck accident claim different from a regular car accident claim?
Truck accident claims involve a level of complexity that typical car accident cases do not. Commercial trucks are subject to both state and federal regulations, meaning there are additional layers of compliance to investigate. Multiple parties may share liability, including the driver, the trucking company, cargo loaders, vehicle manufacturers, and third-party maintenance providers.
Working with an attorney who understands the trucking industry is essential to navigating these complexities. Contact us for a free consultation to discuss the specifics of your case.
How much does it cost to hire a truck accident lawyer in Lafayette?
At Chaz Roberts Law, truck accident cases are handled on a contingency fee basis. This means you pay nothing upfront and owe nothing while your case is ongoing. The firm only collects a fee if compensation is recovered on your behalf. The fee is a percentage of the total amount recovered, and that percentage is agreed upon before any work begins and put in writing. This arrangement allows you to pursue your claim without financial risk, regardless of your current financial situation.
What happens if a truck driver was under the influence of drugs or alcohol at the time of the crash?
If a truck driver was impaired by drugs or alcohol when the accident occurred, it significantly strengthens your case. FMCSA regulations require commercial drivers to undergo pre-employment, random, post-accident, and reasonable-suspicion drug and alcohol testing. A violation of these testing requirements, or a positive test result, can establish clear negligence.
In cases involving impaired driving, Louisiana law may also allow for punitive damages, which are intended to punish particularly reckless or egregious conduct and serve as a deterrent.
How long does a truck accident case typically take to resolve?
The timeline for resolving a truck accident case varies depending on several factors, including the severity of your injuries, the complexity of the investigation, the number of parties involved, and the willingness of the insurance companies to negotiate fairly. Some cases may settle within months of completing medical treatment, while more complex cases involving catastrophic injuries or disputed liability can take a year or longer.
At Chaz Roberts Law, the goal is to negotiate the best possible compensation without unnecessary delays. However, if a fair settlement cannot be reached, our legal team is fully prepared to take your case to trial.
