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. 

Louisiana  2015  2016 
Total Crash Fatalities  752  757 
Fatalities Involving Large Truck  79  89 

 

 

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.

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.

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.