Accidents involving trucks and passenger vehicles are quite different from accidents involving two passenger vehicles. The severity of injuries and damage caused in a truck accident can be much higher due to the size and weight of the trucks involved, and the laws surrounding liability and fault for truck accidents in Louisiana are also different than in other accidents. In this article, we will explore these differences and what someone injured in a truck accident should do after their accident.
There are several differences between truck accidents and passenger vehicle accidents
Truck accidents are different from accidents involving passenger vehicles in several ways. One of the primary differences is the size and weight of the trucks involved: a fully loaded commercial truck can weigh up to 80,000 pounds, whereas a typical passenger car weighs around 4,000 pounds. The sheer size and weight of the truck mean that when a truck collides with a passenger vehicle, the damage and injuries can be catastrophic.
Another difference is that truck drivers are also held to a higher standard of care than passenger vehicle drivers: they are required to have specialized training, licenses, and certifications to operate their vehicles. They must follow strict regulations regarding the number of hours they can drive and rest to prevent driver fatigue, which can be a significant cause of truck accidents.
The investigation process also differs between truck accidents and passenger vehicle accidents, as truck accidents are often much more complex than an investigation into a passenger vehicle accident. This is due to the many parties involved in a truck accident, including the truck driver, the trucking company, the vehicle manufacturer, and possibly others. The investigation will likely involve examining the truck’s maintenance and inspection records, the driver’s logbook and training records, and potentially data from the truck’s onboard computer.
Louisiana has special laws regarding truck accidents
In Louisiana, fault in a truck accident is determined by a legal concept known as comparative fault. Comparative fault means that the court will examine the actions of all parties involved in the accident and assign a percentage of fault to each party. If the injured party is found to be partially at fault for the accident, their compensation will be reduced by the percentage of fault assigned to them.
Louisiana also has specific laws and regulations that apply to trucking companies and their drivers. These laws include requirements for driver training, hours of service regulations, and vehicle maintenance and inspection requirements. If a trucking company or driver violates one of these laws or regulations, they may be held liable for any resulting accidents or injuries.
Another factor of Louisiana accident law is the legal doctrine of respondeat superior, which means that an employer can be held liable for the actions of their employees while they are acting within the scope of their employment. This means that if a truck driver causes an accident while on the job, the trucking company may also be held liable for any resulting injuries or damages.
There are essential steps you must take after a truck accident
If you’re involved in a truck accident, there are several steps you should take to protect your health and legal rights. The first step is to seek medical attention for any injuries sustained in the accident; even if you feel fine, some injuries, such as concussions or internal injuries, may not be immediately apparent.
After seeking medical attention, you should contact a Shreveport, Louisiana truck accident lawyer, who can help you navigate the complex legal and insurance issues that often arise in truck accident cases. They can also ensure that your rights are protected and that you receive fair compensation for your injuries and damages.
Finally, avoid speaking with insurance adjusters or representatives from the trucking company without first consulting with a personal injury lawyer. Insurance adjusters may try to pressure you into accepting a settlement offer that is less than what you are entitled to or may try to use any statements you make against you in court. A personal injury lawyer can handle all communication with insurance companies on your behalf and help you negotiate a fair settlement, or represent you in court if necessary.
Conclusion
Truck accidents are different from accidents involving passenger vehicles due to the size and weight of the trucks involved, the higher standard of care required of truck drivers, and the more complex investigations that often follow truck accidents. In Louisiana, fault in a truck accident is determined by comparative fault, and trucking companies and their drivers are subject to specific laws and regulations.
If you’re in a truck accident, you should seek medical attention, contact a personal injury lawyer experienced in truck accident cases, and avoid speaking with insurance adjusters without first consulting with your lawyer. By taking these steps, you can protect your health and legal rights, as well as receive fair compensation for your injuries and damages.
