Truck Accidents
Commercial Motor Vehicles (CMVs) are centrally regulated by the Federal Motor Carrier Safety Administration (FMCSA). They focus on safety efforts to decrease collisions, injuries, and fatalities involving CMVs and buses. In the U.S. in 2017 there were a total of 152,637 crashes involving large trucks with 4,539 fatalities and 74,947 injuries. The majority of those killed in crashes involving large trucks are those in passenger vehicles that are vulnerable to the massive weight of these big trucks.
Those involved in an accident with a CMV may face particularly devastating injuries. In these instances, it is critical that victims consult with a seasoned personal injury attorney. Your legal counsel must have a firm understanding of Louisiana laws, experience in opposing large insurance companies, and a track record of results in securing the compensation you deserve.
OVERVIEW OF INJURY CLAIMS PROCESS IN ASCENSION PARISH
The process of pursuing financial compensation following an accident with an “18 wheeler” may be complex and will largely be facilitated by your attorney. Some of the key components include:
- Determining negligence: There may be opposing views among the parties regarding fault (liability). This may require presenting evidence to support these assertions.
- Evidence: There are potentially many different types of evidence to consider including accident reports, the truck’s maintenance records, the truck driver’s log of working hours, photos, witnesses from the scene, and more.
- Expert witnesses: Often parties will retain experts to provide specialized testimony. The defense may also use an independent medical examiner to assess injuries.
- Damages: Compensation may be sought for damages including medical and rehabilitation expenses, lost wages, funeral expenses, pain and suffering, and much more.
| Louisiana | 2015 | 2016 |
| Total Crash Fatalities | 752 | 757 |
| Fatalities Involving Large Truck | 79 | 89 |
WHO IS LIABLE FOR A TRUCK ACCIDENT IN LOUISIANA?
In an accident involving a commercial truck, potentially liable parties include the owner of the truck or the freight, the truck driver, the driver’s employer, and the truck manufacturer or a service provider. In Louisiana, an employer may be deemed as vicariously liable for injuries, fatalities, and property damage when an accident is caused by an employee. Under the state’s code for vicarious liability or “respondeat superior,” an employer may be “answerable for damages” if it occurred while the employee was performing job functions. Ordinarily, determining if a driver is an employee is straightforward; however, many drivers also operate as independent contractors.
In situations where the accident was caused by a failure of a vehicle part, it is possible that a vehicle manufacturer could be liable. Similarly, if the trucking company has a contractual agreement with a third-party service and maintenance provider whose actions contributed to the accident, it may be liable.
These issues of liability potentially involve variable circumstances and this is why it is critical that injury victims seek the advice of experienced legal counsel.
INJURIES SUSTAINED IN TRACTOR-TRAILER ACCIDENTS
Injuries incurred in accidents involving large semi-trucks are more likely to result in death and injuries that are catastrophic in nature. Catastrophic injuries are those viewed as life-changing and have long-term consequences. Some examples include:
- Loss of limb(s).
- Major trauma to an internal organ, like a ruptured spleen or punctured lung.
- Spinal cord injuries (SCIs) that cause neurological damage, like paralysis or impaired motor skills –approximately 276,000 Americans currently are coping with a SCI.
- Traumatic brain injuries (TBIs) from head trauma can have devastating effects including memory loss, an inability to concentrate and difficulty speaking, reading, or writing.
There are also a host of injuries that are more mild or moderate in severity. Examples include:
- Whiplash, created by stress to the neck or spinal region that often results from a rear-end vehicle collision.
- Back injuries, like a herniated disc that causes significant pain, potential nerve damage, and limitations in body movement.
- Broken bones, taking weeks or months to heal.
- Brain injuries, like concussions that lead to headaches, sensitivities to sounds or light, and problems with vision.
BRINGING A CLAIM FOR TRUCK ACCIDENT INJURIES
You will want to work with your personal injury attorney to formally pursue a claim. You may be entitled to damages that stem from financial, physical, and emotional harm. In Louisiana, such civil actions may be brought in a district court within the parish where the accident happened. There is a statute of limitations for bringing a claim. For those claims including bodily injury and wrongful death, this period is generally one year or longer under certain circumstances. A wrongful death claim is typically brought by the spouse and/or children of the deceased.
Causes and Injuries from Truck Accidents
There are a number of causes of truck accidents in Louisiana. Here are listed the most common.
EXCESSIVE SPEED & RECKLESS DRIVING
Excessive speed is the second leading cause of U.S. roadway crashes. When traveling at increased speed, a greater distance is needed to brake to a stop, reaction time is diminished, and the intensity of the collision is greater. Other examples of reckless driving include changing lanes without looking, tailgating, and disregarding road signs or signals. The passenger vehicle driver is the cause of approximately 75% of accidents involving a CMV.
DRIVER FATIGUE
In commercial truck accidents, fatigue is found to be a contributing factor roughly 13% of the time. Fatigue is very likely underreported as a contributing factor in vehicle accidents. The FMCSA sets limits for the amount of time an operator may drive per day and per week. Drivers may potentially drive up to 11 hours in a day when the proper break schedule is followed.
INTOXICATED DRIVERS
Drunk drivers have been shown to demonstrate delayed response times, an inability to properly focus, and poor decision-making. In Louisiana in 2016, impaired driving was a factor in 334 traffic fatalities, which is roughly 40% of all traffic deaths.
DISTRACTED DRIVING
Over the last ten years, distracted driving has become a major safety concern. It is now the leading cause of roadway accidents in the U.S. Some common examples include drivers who are using mobile devices, eating or drinking, tending to children, and more. From 2011 to 2015 in Louisiana, 192 traffic fatalities and 26,977 injuries resulted from distracted driving. The state has implemented laws that prohibit text messaging, require “hands-free” phone use only in school zones, and restrict those under 18 from all mobile device activities while driving.
MECHANICAL FAILURES
The FMCSA has established detailed requirements regarding the regular inspection, maintenance, and repair of CMVs. The Technology & Maintenance Council says that tires are the reason for 53% of roadside truck breakdowns. FMCSA data shows that failures in truck braking systems are the cause of 29% of CMV accidents. When these trucks are carrying a load of cargo, they require 20 to 40% more distance to make a complete stop—even more amid wet road conditions.
MEDICAL TREATMENT FOR SEMI-TRUCK ACCIDENT INJURIES
The medical treatment process for accident victims begins with assessing the nature and extent of the injuries, which often involves CT scans or X-rays. Next, a course of treatment is established that may involve surgery and medication for pain management.
Those with impaired body function may begin rehabilitation with medical professionals, like physical or occupational therapists. This rehabilitation may focus on improving mobility, strength, and flexibility and may involve medical equipment and potential modifications to the home of the individual. The costs of this treatment can become very high and are potentially recoverable as damages in a personal injury claim.
In addition, future medical costs may need to be calculated, as well as future losses of earnings.
How can we help you
Our team is ready
We, at the Law Offices of Scott Dupaquier, LLC, choose to practice personal injury law in Ascension Parish, Baton Rouge, and New Orleans because we want to give accident victims a voice. Insurance companies will do everything in their power to minimize the amount they have to pay after an accident. Although an offer may sound attractive, you should keep in mind that the tactics employed by these companies are designed to trick you into accepting less than what you are owed.
We want to help protect you.
Give us a call
225-627-3636