Generally, accidents involving trucks often lead to more severe injuries, including a higher risk for fatalities than regular car accidents. A truck accident lawyer can help.
If you were in a truck accident in New Orleans, Dudley DeBosier Injury Lawyers can fight for you and your family. Whatever the reason for the truck accident, you may be entitled to compensation if you have injuries or lost a loved one. To discuss the particulars of your case, you can speak with an attorney during a FREE consultation.
Understanding Truck Accidents in New Orleans
Large commercial trucks are integral to the smooth running of our economy. They transport necessary goods to and from various manufacturing and retail outlets in the country.
Although big rigs keep commerce running, they are also likely to cause big accidents when their drivers don’t follow standard safety procedures. In Louisiana, data reveals there were 3,721 truck accidents in 2024, and of those, 1,800 resulted in injuries.
The majority of injuries and deaths in accidents involving trucks are passenger vehicle occupants. This is because traveling in a smaller vehicle generally makes you more vulnerable to an accident with 18-wheelers.
Types of Truck Accidents
Truck accidents can be devastating due to the sheer size and weight of commercial vehicles. When an 18-wheeler or delivery truck is involved in a crash, the risk of catastrophic injury or death increases significantly.
Here are some of the most common types of truck accidents seen in and around New Orleans:
- Wrong-Way Truck Accidents: Wrong-way accidents involving commercial trucks are often fatal. These collisions happen when a truck enters a one-way street or highway ramp in the wrong direction. Due to their size, trucks are less able to maneuver or stop in time, and the resulting head-on crashes often lead to traumatic brain injuries, internal damage, or death.
- Multi-Vehicle Truck Accidents: When a truck collides with one vehicle, the impact often causes a chain reaction involving multiple cars. These pileups are especially common on busy roads and can result in mass casualties, crush injuries, and extensive property damage.
- Head-On Collisions: A head-on crash between a truck and a passenger vehicle is one of the deadliest accident types. These often occur due to fatigue, distracted driving, or improper lane changes by the truck driver. The enormous force involved can cause spinal cord injuries, amputations, or death.
- Rear-End Collisions: A rear-end collision involving a truck can demolish a smaller vehicle. Trucks need far more distance to come to a stop, and if a driver isn’t paying attention or is speeding, they may plow into traffic. These accidents often result in whiplash, neck injuries, or severe spinal trauma for those in the struck vehicle.
- Rollover Accidents: Truck rollovers are usually caused by excessive speed, improperly loaded cargo, or sharp turns. When a truck tips over, it can crush nearby vehicles or block entire lanes of traffic, potentially leading to secondary crashes. Occupants in smaller cars are at serious risk of fatal or life-changing injuries.
- Failure to Yield Accidents: Truck drivers who fail to yield when merging, turning, or at intersections can cause devastating collisions. These accidents often occur when truckers underestimate how much space or time they need to safely maneuver, leading to T-bone crashes and severe occupant injuries.
- Distracted Driving Accidents: Long hours on the road can lead to fatigue and distraction. Truck drivers who text, eat, or adjust GPS devices while driving put everyone at risk. A momentary lapse in attention can result in a high-speed crash with catastrophic consequences for other motorists.
What Are the Main Causes of Truck Accidents in New Orleans?
Speeding
Although some trucking companies leverage speed trackers and speed limiters on company trucks, not all commercial trucks have this technology. Generally, trucks are larger than passenger vehicles, and when they speed, they react slowly to quick changes in speed and direction owing to the enormous momentum they build when in motion.
This makes it harder for drivers to regain control and stop the vehicle in time at excessive speeds, often resulting in a crash. A truck driver who speeds is a reckless and negligent driver who should be held accountable when they cause a crash.
Distracted Driving
The law expects drivers to be keen and attentive when on the road. Distracted driving is not only illegal, but it is also dangerous, especially for truckers—considering the size of their vehicles. Unfortunately, truck drivers may engage in distracting behaviors such as texting, calling, or eating, thereby endangering other road users. Taking your eyes off the road even for a few seconds could result in multiple fatalities, severe injuries, and thousands of dollars in property damage.
Aggressive Driving
Truck drivers traveling long distances are often under a lot of pressure to make their deliveries on time. These drivers spend a lot of time on the road, which makes them more prone to road rage. Some of the aggressive driving behaviors involving truckers include failure to yield the right of way, cutting another driver off, tailgating, or following another driver too closely. All these behaviors could cause serious accidents.
Fatigue
Federal regulations specify the maximum number of hours a driver may drive before taking a break. These regulations are to keep tired truckers off the road and help them remain alert for the entire journey.
Generally, a commercial driver must take a break after 11 hours of driving at a time. Additionally, there should be a 10-hour break in between, and one should not drive for more than 60 hours in a week. Truckers sometimes violate these rules due to individual motivations, company scheduling practices, or company culture. Truckers who violate the recommended hours of service are more prone to fatigue.
Bad Weather
There is no doubt bad weather significantly increases the chance of a road crash. Conditions such as ice, rain, snow, and sleet may reduce truck driver visibility while making it hard for drivers to have full control of their vehicles. When this happens, the result could be a severe accident with life-threatening consequences. Truck drivers who drive their vehicles through inclement weather must exercise extra care.
Overloading Cargo
Trucks that carry large loads beyond the recommended weight are more likely to experience tire blowouts. Overloaded trucks can also tip over after a lane change due to excessive weight. If the truck is carrying external loads, the load could slip after a turn, putting other drivers in danger. When cargo flies off the back of a truck, it can also create road obstructions for other vehicles.
Vehicle Failure
Not all truck accidents in New Orleans are because of driver error. There are times a truck experiences failure due to a lack of proper maintenance and poor inspection by the trucking company or vehicle manufacturer. The company may be negligent if its trucks cause an accident due to brake failure.
Driving Under the Influence of Alcohol or Drugs
One of the biggest causes of truck accidents is driving under the influence. The Federal Motor Carrier Safety Administration (FMCSA) requires commercially licensed drivers to maintain a maximum blood alcohol concentration (BAC) of .04 percent or below when on the road.
This is typically half of the 0.08 BAC threshold for other drivers. Additionally, the FMCSA prohibits truck drivers from drinking alcohol four hours before driving a commercial vehicle. Driving under the influence can result in severe consequences for everyone on the road.
New Orleans Truck Accident Hotspots
New Orleans is one of the South’s major transportation hubs with heavy commercial traffic moving through the city’s highways, interstates, and busy urban streets. Unfortunately, this traffic also increases the risk of serious truck accidents.
Below are some of the most dangerous locations in and around New Orleans where truck crashes frequently occur.
High-Risk Interstates and Highways
- Interstate 10 (I-10): I-10 is one of the busiest truck corridors in New Orleans, and congestion near downtown ramps, particularly at Claiborne Avenue, is a common site for rear-end collisions and merging accidents.
- Interstate 610 (I-610): This bypass is often used by trucks to avoid downtown traffic but is still prone to accidents due to high speeds, lane changes, and heavy congestion during peak hours.
- US Highway 90 / Pontchartrain Expressway: This is a major route for truck traffic heading toward the Crescent City Connection Bridge. Tight turns, heavy merging, and limited visibility contribute to frequent crashes here.
- Crescent City Connection Bridge (US 90 Business): This heavily traveled bridge connecting the Eastbank and Westbank sees significant truck traffic. Speeding, lane weaving, and high winds increase the risk of multi-vehicle accidents.
Dangerous New Orleans Intersections
- Claiborne Avenue at Canal Street: This major intersection experiences heavy traffic from all directions, including commercial vehicles, making it a frequent site for serious collisions.
- Chef Menteur Highway at Downman Road: Located in New Orleans East, this intersection has seen numerous truck and vehicle accidents due to high speeds, complex turns, and congestion.
- Elysian Fields Avenue at Gentilly Boulevard: A busy crossroads with frequent truck traffic heading to and from the Port of New Orleans, the heavy stop-and-go conditions and complex traffic patterns create risks here.
Common Injuries New Orleans Truck Accidents Cause
In most cases, trucking accidents are catastrophic. If the wreck doesn’t result in fatalities, it often leaves the victim with life-long injuries. Some of the common truck accident injuries in New Orleans include:
- Back and Neck Injury: This can range from neck pain to dislocated discs in your spine. Back and neck tissues are critical to your daily activities, and an injury in this area could impact your return to work and daily activities.
- Broken Bones: Truck crashes have a massive force of impact, so broken bones are more likely in accidents involving large trucks than between passenger vehicles.
- Burn Injuries: When flammable cargo is involved, burn injuries are likely in truck crashes. This is common with trucks carrying hazardous loads such as gasoline or petroleum products.
- Head Injuries: Head trauma from an accident could cause life-threatening injuries. Unfortunately, these injuries may not immediately be apparent, and delayed diagnosis and treatments are often the case for most accident victims. Symptoms to watch out for include cognitive challenges, confusion, vision problems, and nausea.
- Internal Injuries: Potent blunt trauma from a wreck can cause internal bleeding to organs such as the spleen, pancreas, kidney, or liver. Such injuries are difficult and costly to treat.
- Spinal Injuries: Truck accidents can cause injuries to the spinal cord leading to devastating paralysis. Unfortunately, the damage is not always apparent soon after a crash, which is why it is vital to get medical attention as soon as possible.
- Wrongful Death: Trucking accidents are several times more likely to kill the victims than crashes with other cars. If a truck accident killed a loved one, the survivors or other affected people can hold the company liable through a wrongful death claim.
At Dudley DeBosier, we understand nothing can ever replace that kind of loss. We will do our best to hold responsible parties liable and seek maximum compensation for you to get closure and move on.
Where to Seek Medical Treatment After a Truck Accident in New Orleans
If you’ve been injured in a truck accident in New Orleans, it’s important to get medical attention as soon as possible, even if you don’t feel seriously hurt. Some injuries may not show immediate symptoms but can become severe without prompt treatment. Thankfully, New Orleans has many hospitals that are well-equipped for treating injured truck accident victims.
Major Hospitals and Trauma Centers in New Orleans
- University Medical Center New Orleans
2000 Canal St, New Orleans, LA 70112
University Medical Center is one of the region’s top facilities for treating severe injuries, including those from truck accidents. Their Level I Trauma Center provides around-the-clock access to specialized emergency care. - LCMC Health Center
1415 Tulane Ave, New Orleans, LA 70112
LCMC Health Center offers comprehensive emergency services and advanced orthopedic care for accident-related injuries. It’s centrally located and provides both short- and long-term treatment options. - Ochsner Medical Center – New Orleans
1514 Jefferson Hwy, New Orleans, LA 70121
Ochsner is a nationally recognized hospital system with extensive resources for trauma care, rehabilitation, and ongoing treatment following truck accidents. - Touro Infirmary LCMC Health
1401 Foucher St, New Orleans, LA 70115
Touro Infirmary provides emergency care and follow-up services, including physical therapy and orthopedic treatment, which are often necessary for truck accident victims.
Important Louisiana Trucking Accident Laws to Know
If you have injuries from a truck accident in Louisiana, it is imperative to be aware of the state trucking accident laws. Most of the laws pertaining to the trucks and their drivers are federal regulations established by the FMCSA. The following is a brief summary of some of the laws:
Commercial Driver’s License Requirements
Commercial trucks are massive vehicles that pose countless risks to other roadway users. For this reason, FMCSA requires truck drivers to obtain a special license known as a Commercial Driver’s License (CDL). Some of the minimum requirements to obtain a CDL include:
- A driver should pass a screening for drugs and alcohol.
- A driver should possess a clean driver’s record.
- A driver should obtain a physical exam that guarantees they are physically fit to handle all rigors of the job.
- Additionally, drivers must undergo annual drug and alcohol screenings as well as physical exams to maintain their CDLs.
Additional Training
Additional training is necessary to haul hazardous materials in Louisiana. The Transportation Security Administration (TSA) mandates that all drivers with a CDL apply for a hazardous materials endorsement before transporting hazardous materials.
On-The-Job Training
The trucking company should provide on-the-job training (OJT) to ensure the truck drivers have the skills and ability to perform their job diligently and effectively. Unfortunately, many companies don’t offer such training. Should an improperly trained driver cause a crash that results in injuries or fatalities, the company can be held liable.
- It is the trucking company’s responsibility to offer OJT.
- In Louisiana, trucking companies must fulfill additional responsibilities for their drivers, including:
- Ensuring a driver has the appropriate licenses and meets all requirements to maintain CDL
- Obtaining the right insurance for the truck
- Undertaking regular maintenance to guarantee the truck is always in top shape
Hours of Service Requirements
Truck drivers must log their hours electronically and adhere to the Hours-of-Service guidelines. These requirements are to prevent accidents caused by truck driver fatigue.
These guidelines include:
- Driving for a maximum of 11 hours at one time and taking consecutive 10-hour breaks
- Not driving beyond the 14th hour after coming on duty after 10 consecutive hours off duty
- Taking at least a 30-minute break after eight hours of continuous driving
- Not driving after 60 or 70 hours during a seven- or eight-day period
Pre-Trip Inspection
The law requires Louisiana truck drivers to visually inspect the vehicle before each trip. Such inspections lay bare any issues that could render the truck unsafe to operate.
Vehicle Maximum Weight
Commercial truck drivers should not exceed 80,000 pounds of cargo in a single trailer when fully loaded. The state posts weight stations across all roads to ensure trucks are not overloaded.
Liability for Truck Accidents
Although truck drivers and trucking companies are mostly liable for truck accidents, there are other liability sources based on a case’s specific circumstances. These may include:
- Drivers of other vehicles
- The entity that serviced the truck
- The shipper responsible for loading the truck
- The manufacturer of parts used on the truck
Contact an experienced New Orleans truck accident lawyer for a more in-depth discussion of how these laws affect a case and the process of pursuing compensation for injuries.
What to Do If You Have a Truck Accident in New Orleans?
The first thing to do after a truck accident is to assess your condition and those of other passengers. If you are in sound condition, take the following steps afterward:
- Call the police. If the accident is on the highway, the 911 dispatcher routes the call to the nearest law enforcement agency and emergency responders. Even when an accident seems minor, get a police report that documents the accident.
- Seek medical attention. Get an immediate medical evaluation even when no one seems hurt. Internal injuries don’t reveal immediate symptoms. A medical evaluation is also necessary to prove the claim.
- Document the evidence at the scene. If the driver is uninjured, he can document the scene of the accident using photos and videos. He can also take down the contact information for witnesses and everyone else involved in the crash, including the other drivers’ names, addresses, and contact details. Additionally, he can note down the truck license plate and other identifying information.
- Don’t admit fault. Don’t admit fault for the accident even when fault is evident. Don’t lie, but simply refuse to divulge the details of the accident to the other driver’s insurance agents. Instead, direct them to contact your attorney.
- Get your vehicle appraised. Even if the car appears undamaged, sometimes the damage is internal and not visible to the untrained eye. Before repairing the car, have it appraised.
- Request an accident report. Truck accidents are big deals when they happen on New Orleans’s roads, and when police officers are dispatched to the scene, they create accident reports of what happened. These reports can serve as valuable evidence for truck accident claims, and you can request yours from the New Orleans Police Department.
- Call a truck accident lawyer. Getting an experienced truck accident lawyer in New Orleans involved as soon as possible is integral to the success of a legal case. A truck accident attorney can help in several ways, including helping to prove the other driver was at fault. They also fight for their clients’ rights and help ensure they receive maximum compensation for damages.
How Is Accident Liability Determined in Louisiana?
In Louisiana, fault and liability for car accidents are on a pure comparative negligence standard. This implies that each of the drivers in a crash is responsible for their relative liability or percentage of fault in an accident.
If the driver or passengers sustained injuries or received property damage after a crash in New Orleans and were partly at fault for the accident, receiving compensation is still possible. However, the amount of compensation is reduced by the victim’s percentage of fault.
How to Build a Truck Accident Injury Case
Proving a claim after an accident can be challenging. It’s likely the driver and passengers may not have the time, energy, or legal knowledge to build a solid injury case themselves. This is where a truck accident lawyer in New Orleans can prove beneficial. In the meantime, there are specific actions to do that can help build personal injury claims.
These include:
- Report the accident to the police. Call the police immediately after the crash. The responding police officers will write a detailed report about the accident. This police report can strengthen your case.
- Seek medical treatment. The medical documentation and testimony from a doctor will go a long way in proving the damages in the lawsuit.
- Gather evidence. Don’t wait too long to gather evidence supporting your legal claim. Although an attorney may help with this, strive to be involved in documenting the accident scene. Your attorney can obtain trucking logs and maintenance records that might reveal the cause of the accident and liability.
- File your insurance claim. The legal case starts with filing an insurance claim with the other driver’s insurance company.
Compensation for Truck Accidents
The following are some of the damages a victim could collect from a truck accident:
- Special Damages: These are the measurable monetary losses people suffered following an accident. They can cover medical bills, the cost of medication, additional health care expenses, lost wages, loss of future earnings, ambulance transportation, and funeral and burial expenses in case of death.
- General Damages: These damages are compensation for losses the court cannot quantify. They involve physical and emotional harm such as pain and suffering, mental anguish, loss of consortium, and disfigurement.
How Are Truck Accident Claims and Car Accident Claims Different?
Truck accident claims are generally more complex than those of car accident cases. Claims involving 18-wheelers could be multilayered and may involve several parties. Bringing multiple claims is a complex procedure that requires the help of an experienced truck accident lawyer.
Additionally, trucking companies usually have liability policies with much higher limits than regular insurance policies. This means victims of truck crashes are often eligible for larger settlements than if they were involved in a passenger vehicle only accident.
FAQ: Truck Accidents in New Orleans
Do crash victims need to go to court for their New Orleans truck accident lawsuits?
There is no specific answer about whether the client must go to court after a truck accident. You may have to go to court if you decide to sue the other party for damages. You will also go to court if you receive a court summons.
What happens if there is shared liability?
If there is a shared liability, each party is responsible for their portion of the damages. However, compensation is still possible from the other party or their insurance carrier.
Can I take legal action if the truck came from out of state?
Yes, you can take legal action even if the driver or trucking company is from out of state. If the truck accident happened in New Orleans, Louisiana, the law applies regardless of where the driver was coming from.
How long do I have to file my New Orleans truck accident claim?
Louisiana has a time limit of one year for personal injury claims. This means that a party must file the lawsuit within one year from the date of the truck accident to obtain a settlement.
How Can Dudley DeBosier Help With My New Orleans Truck Accident Case?
After connecting with one of our truck accident lawyers, New Orleans residents can have all aspects of their truck accident case managed. Any affected parties should have an easy time recovering from their injuries and losses.
Our experienced personal injury lawyers can investigate the circumstances of the accident, seek an appropriate out-of-court settlement, prepare and file a lawsuit, and represent the victims at trial, if necessary. Contact Dudley DeBosier today to discuss the case with our highly experienced attorneys.