Injured in an Accident with a Semi Truck in Louisiana?
A crash with an 18-wheeler or commercial truck is unlike any other motor vehicle accident. The size and force coupled with speed on some of our major interstates, such as I-10, I-12, I-20, and I-49, create conditions for serious injuries. The crashes are overwhelming, and the legal process that follows can feel as upsetting as the crash itself.
After a trucking accident, injured victims and their families often have urgent questions about medical care, liability, insurance, and what steps they should take next. Below, the truck accident lawyers at Dudley DeBosier Injury Lawyers answers some of the most frequently asked questions about trucking accidents in Louisiana.
If you still have questions after reading this page and are ready to get help after a trucking accident, contact us for a free consultation. We’re here to help you understand your rights and your options.
How Are Truck Accidents Different from Car Accidents?
The differences in car accidents and truck accidents start with basic physics. A fully loaded commercial truck can weigh up to 80,000 pounds. That’s roughly 20 times the weight of an average car. When something that size collides with a smaller vehicle, the results are often devastating.
But the legal differences are just as significant. Truck accident cases are governed by both Louisiana state law and federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA).
Federal rules cover hours-of-service limits, mandatory rest periods, drug and alcohol testing, vehicle inspections, maintenance standards, and cargo securement requirements. Violations of these regulations will be powerful evidence in a truck accident claim, as they may demonstrate negligence on the part of the driver or the trucking company.
What Causes Most Truck Accidents in Louisiana?
There is no single cause of truck accidents that we can pinpoint, but many crashes stem from preventable negligence. Common causes seen on Louisiana highways include driver fatigue, distracted driving, speeding to meet delivery deadlines, unsafe lane changes, failure to brake in traffic, overloaded or improperly secured cargo, poor truck maintenance, and driving under the influence of drugs or alcohol.
Louisiana has unpredictable weather and other dangerous conditions, including sudden heavy rain, flooding, construction zones, and congested urban interstates. All of these can contribute to serious injuries. Truck drivers and companies are expected to adjust their driving and operations to account for these conditions.
What Injuries Are Common in Trucking Accidents?
Because of the extreme force involved, trucking accidents often result in severe injuries. These may include traumatic brain injuries (TBIs), spinal cord injuries, neck and back injuries, fractures, crush injuries, internal organ damage, severe burns, amputations, and wrongful death.
Victims are frequently transported to trauma centers and may require emergency surgery and long-term care. Many injuries result in permanent disabilities that affect a person’s ability to work and live independently.
What Should I Do After an Accident with a Large Truck?
The steps you take in the hours and days after a truck crash can make a significant difference in your medical situation and claim. Here’s what matters most:
- Get medical attention immediately. Even if you feel okay, some injuries like internal bleeding or traumatic brain injuries don’t show up right away. Also, a medical evaluation creates documentation that can be critical to your claim later.
- Call 911. An official police report from the Louisiana State Police or local law enforcement establishes the basic facts of the crash and is often a key piece of evidence.
- Document as much as you can. Photos of the vehicles, the road, cargo, skid marks, and any visible injuries can be invaluable. Gather witness contact information if possible.
- Don’t discuss fault. Avoid statements to the truck driver, their employer, or insurance representatives until you’ve spoken with a lawyer.
- Contact a truck accident attorney quickly. Evidence in truck cases can disappear fast. Early legal involvement helps preserve what matters.
Who Can Be Held Liable in a Louisiana Truck Accident?
Liability in a truck accident case often extends well beyond the driver. Depending on the circumstances, potentially responsible parties may include the truck driver, the trucking company, the vehicle owner, cargo loaders or shippers, maintenance contractors, and parts manufacturers. Trucking companies are frequently liable for everything from unsafe scheduling, inadequate hiring practices, skipped maintenance, and regulatory violations.
Identifying every responsible party matters because it directly affects how much compensation may be available to you.
How Long Do I Have to File a Truck Accident Claim in Louisiana?
In Louisiana, most personal injury claims—including truck accident cases—are subject to a two-year statute of limitations from the date of the accident.
If a truck accident results in a fatality, wrongful death claims are also generally subject to a two-year deadline. It’s also important to note that claims involving government-owned trucks or public entities may have additional notice requirements and shorter timelines. Because failure to file on time can bar you from filing a claim at all, and evidence can disappear quickly, contacting a lawyer as soon as possible is crucial.
What Compensation Is Available After a Truck Accident?
Truck accident victims may be entitled to compensation for special and general damages. This includes current and future medical expenses, lost wages, and reduced earning capacity.
General damages cover the more personal impacts of your injuries, including pain and suffering, emotional distress, loss of enjoyment of life, permanent disability, and disfigurement.
Because trucking companies often carry large insurance policies, these cases can involve significant compensation. Still, these insurers are not going to settle without a fight. Having experienced legal representation can affect the outcome of your case.
How Are Truck Accidents Investigated?
A proper truck accident investigation goes far beyond the police report, though a law enforcement report is a key piece of evidence.
Experienced lawyers may have experts review the truck’s black box data, electronic logging device records, driver qualification files, drug and alcohol testing history, vehicle maintenance logs, and cargo documentation. Accident reconstruction specialists may be brought in to piece together exactly how the crash occurred.
Time is a real factor here. Federal regulations only require trucking companies to retain certain records for a limited period, and electronic data can be overwritten. Acting quickly gives your legal team the best chance of securing what’s needed to build your case.
What If the Truck Driver Claims I Was at Fault?
Louisiana follows a comparative fault system. That means you may still recover compensation even if you were partially at fault. It also means that your recovery may be reduced by your percentage of responsibility.
Insurance companies routinely try to shift blame onto injured victims. A lawyer can challenge these claims using evidence and expert testimony.
What If My Loved One Was Killed in a Truck Accident?
When a trucking accident results in a fatality, surviving family members may be eligible to pursue a wrongful death claim. Compensation for funeral expenses, loss of financial support, and the emotional loss of a loved one can be sought in these cases.
Wrongful death cases involving commercial trucks require careful handling to establish fault and protect the family’s rights. An experienced and compassionate lawyer will be a family’s best choice to handle the sensitive nature of their case.
How Much Is My Louisiana Truck Accident Case Worth?
Every case is different. How much compensation you can expect will depend upon the severity of injuries, long-term medical needs, impact on income, degree of fault, and available insurance coverage. Your lawyer will be able to calculate your compensation based on your current and future needs.
How Can Dudley DeBosier Help After a Truck Accident?
Dudley DeBosier represents truck accident victims across Louisiana. Our team understands just how complex these cases are. We also know the tactics used by trucking companies and insurers. We handle every stage of the process—from investigation through settlement (or trial if needed)—so our clients can focus on healing.
Contact Dudley DeBosier for a Free Consultation
If a truck accident has left you or someone you love hurt and unsure of what to do next, we want to help. You don’t need to prepare for a call with us. Contact us today for a free consultation. At Dudley DeBosier, we are here to fight for your rights to compensation and hold all negligent parties accountable.