Truck Accident Lawyer New Iberia

Trucking Accidents

Truck drivers are in control of powerful, dangerous machines moving down the highway over 55 mph…with great power comes great responsibility. Truck drivers require special training to become licensed to operate 18-wheelers. Drivers attend instructional commercial driving classes which prepare them to operate big rigs. In addition to special training, commercial truck drivers are highly regulated to help ensure the safety of trucks on the road. Currently 3.9 million drivers hold a Commercial Driver’s License. A lot of effort goes in to minimizing truck accidents. Six million automotive accidents occur annually, commercial trucks account for only 2.4% of the total.

Commercial trucks travel approximately 435 billion miles annually, transporting 67% of the nation’s freight. With billions of miles traveled and millions of drivers there is ample opportunity for something to go wrong. A fully loaded truck is 25 times heavier than the average passenger vehicle. With such an extreme weight and size disparity, it’s no wonder that truck accident collisions cause so much damage. Truck accident injuries tend to be severe and often fatal.

Commonly Asked Questions

How do I ensure that my rights are protected after an accident?

After being involved in an accident with a commercial truck, the most import thing you can do is seek medical attention and contact a truck accident attorney. Be sure not to speak with insurance adjusters from the trucking company or anyone that may contact you about the accident. Any information you give could be used to limit their liability. It is your trucking accident attorney’s job to handle all communication with insurance companies and corporate lawyers.

Who can I sue if I did not cause the accident?

If an accident was not your fault, you may be able to file suit against several parties. An experienced truck accident attorney can establish who is legally liable for your accident. Parties who may be liable:

  • The driver
  • The owner of the truck
  • The freight owner
  • The maintenance company
  • The truck manufacturer
 Are there specific regulations and laws that apply in 18 wheeler accident cases?

The trucking industry is regulated by many federal and state laws. For example, the Federal Motor Carrier Safety Regulations (FMCSR) has laws which limit a trucker’s driving hours. Any violations on the part of  trucking companies, drivers, shipping companies, etc. will make a huge difference in your case. This is why trucking companies are highly insured. Our New Iberia trucking accident lawyers have extensive knowledge regarding trucking industry laws and how to navigate them.

Can the passengers in an accident file a claim for compensation?

Any person injured in a commercial trucking accident can seek compensation through a personal injury claim.

Will I get money for my medical expenses and property damages if I sue?

By filing a personal injury suit, you can hold the negligent parties financially responsible for any expenses incurred by the accident. You may receive money for:

  • any medical costs related to your injury
  • wages lost due to missing work
  • wages that may be lost in the future
  • property damage
  • pain suffered because of the accident
  • punitive damages designed to punish in cases of especially heinous negligence
Can I afford legal representation?

Yes, you CAN afford an attorney; you will never pay out of pocket. The New Iberia team at the Law Offices of L. Clayton Burgess works on a contingency fee basis. This means we don’t get paid unless we recover funds for you. Personal injuries consultations are free. Also, if you can’t make it to our office, we will either travel to you or use video and conference calls.

IF YOU OR A LOVED ONE IS IN NEED OF LEGAL ASSISTANCE, CONTACT US NOW.

Call our New Iberia, Louisiana office today for a FREE review of your personal injury case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.

 

Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!

 Need a trucking accident attorney?

Contact Our New Iberia Team at the Law Offices of L. Clayton Burgess Today!

Trucking Accident Causes and Injuries

Trucking accidents can happen for several reasons. They can be due to driver error, weather conditions, or equipment failure. Trucking crashes are not your typical car accident cases. The losses are more significant, the medical bills more expensive, and the injuries more serious. If you’ve been injured by a “big truck”, you will need an attorney with special knowledge of the intricacies of managing a trucking case. In New Iberia, commercial trucks fly up and down Hwy 90 every day on their way to the ports at Iberia, New Orleans, and Fourchon. During harvesting season tractor-trailers hauling sugarcane are everywhere.

Hopefully you will never find yourself in a collision with one of these massive motor vehicles. Fortunately, if you are the victim of a trucking accident, the attorneys at the Law Offices of L. Clayton Burgess are just one call away. We will meet with you to discuss your case and answer any questions. Trucking companies often carry insurance policies written for hundreds of thousands of dollars, the insurance company will do everything in its power to aggressively defend these cases to limit their liability. We will evaluate your injuries, medical bills, pain and suffering, loss of income and potential loss of future income and make it our mission to get you the financial compensation you deserve.

Common Injuries

Injuries due to 18 wheeler accidents can be serious and sometimes deadly. The possibility of long-term disability is common. As such, medical treatment could be a life-long expense. If you or a loved one suffered an injury due to a trucking accident you could have injuries such as:

  • Broken Bones
  • Spinal Injuries
  • Herniated Disks
  • Deep Lacerations and Blood loss
  • Severe or Permanent Nerve Damage
  • Brain Damage
  • Severe Burns
  • Severe Concussion
  • Chemical Exposure
  • Paralysis
  • Death
Crash Causes

Driver error is the most common cause of trucking accidents. In fact, big rig drivers are 10xs more likely to cause an accident than any other factor. The Federal Motor Carrier Safety Administration found in a recent study the actions of drivers were responsible for 88% of all trucking crashes. The main causes of these wrecks were:

  • Prescription Drug Use 26.3%
  • Traveling Too Fast for Conditions 22.9%
  • Unfamiliar with Roadway 21.6%
  • Over-the-Counter Drug Use 17.3%
  • Inadequate Surveillance 13.2%
  • Fatigue 13%
  • Under Work-Related Pressure 9.2%
  • Illegal Maneuver 9.1%
  • Inattention 8.5%
  • External Distraction Factors 8%
  • Inadequate Evasive Action 6.6%
  • Aggressive Driving Behavior (Tailgating, Weaving, Other) 6.6%
  • Unfamiliar with Vehicle 6.5%
  • Following too Closely 4.9%
  • False Assumption of Other Road Users Actions 4.7%

Other contributing factors included:

  • Brake Failure, Out of Adjustment, etc. 29.4%
  • Traffic Flow Interruption (Previous Crash, Congestion, Other) 28%
  • Roadway Related Factors 20.5%
  • Weather Related Factors 14.1%

 

Types of Crases

Types of Trucking Accidents:

  • Rear End 23.1%
  • Ran off Road/Out of Lane 17.8%
  • Side Swipe, Same Direction 10.3%
  • Rollover 8.9%
  • Turning Across Path/Into Path 8%
  • Intersecting Vehicles, Straight Paths 5.8%
  • Side Swipe, Opposite Direction 4.6%
  • Head-On 3%
  • Hit Object in Road 1.8%
  • No Impact (fire, jackknife,other) .9%
  • Backing into Other Vehicle .3%
  • Other Crash Type 15.5%

 

  • Over the Lane Line or Off the Road 32.1%
  • Loss of Control (Traveling too Fast for Conditions, Other) 28.6%
  • Other Motor Vehicle in Travel Lane 21.7%
  • Turning, Crossing an Intersection 10.3%
  • Pedestrian/Bicyclist/Other Non-motorist in Roadway 2.5%
  • Other Motor Vehicle Encroaching into Travel Lane 1.7%

Partnering with a New Iberia Trucking Accident Attorney

Trucking accidents can be complicated and difficult to navigate. Our staff and attorneys have extensive knowledge in trucking laws and regulations. Our talented staff and attorneys know how to pursue trucking accident cases to get the maximum compensation for victims and their families. Indeed, with 20 years of experience, we have won $millions in settlements and verdicts for out clients.

It is important to enlist the help of an attorney as soon as possible. Studies have shown that personal injury cases with legal representation will receive 3.5 more money in a settlement than those without an attorney.

Most lawsuits can be settled out of court. If a fair settlement can’t reached, the case is taken to court. This is why it is essential to retain the help of a trucking accident lawyer. Trucking companies and their insurance providers will retain high priced lawyers so that they can pay the bare minimum in settlements.

While you do have the right to represent your case personally, the process can be overwhelming. Insurance agents, complex legal statutes, and confusing rules can be a headache. We can handle this for you. We are not afraid to go to court to get your fair settlement.

In New Iberia at the Law Offices of L. Clayton Burgess, we have the skills and experience to handle any commercial truck accident. We will fight for your rights and get the job done.

Compensation

The repercussions of a trucking accident can be severe. Medical costs can be staggering, especially if the injuries are long-term. The New Iberia team at The Law Offices of L. Clayton Burgess can ensure that you and your family are taken care of.

Filing a claim against the negligent parties in your accident can get you a fair settlement that will compensate you for your damages and costs.

In personal injury claims, monetary damages, or compensation, is awarded to the injured party, or plaintiff. Damages refer to monetary costs of physical, emotional, and mental injuries. The defendants, or parties responsible for those injuries are liable for the resulting costs.

Calculating the monetary value on all of the damages a trucking accident can cause can be complicated. The economic damages of an accident are relatively straight forward. They include things like medical bills and lost wages. Non-economic damages are harder to quantify. These include pain and suffering or the loss of enjoyment of life.

Damages can include:
  • Medical Treatment: These are any costs associated with the treatment of an injury, including money already spent and money for care in the future.
  • Income: This is compensation for any impact to your wages or salary that you have lost and would have earned in the future.
  • Property damage: You can be reimbursed for the repairs to your vehicle, or for its market value.
  • Punitive damages: These are damages intended to punish the defendant for their negligence and carelessness.
Negligence and Liability

The Law Offices of L. Clayton Burgess has over 20 years of experience in determining negligence in a trucking accident and hold the responsible parties liable for their negligence.

A personal injury is any kind of injury to the mind, body, or emotions that are caused by the careless or negligent acts of another. Personal injury law is a type of civil, or tort law which seeks to hold negligent parties responsible for compensating the victim.

To prove a personal injury lawsuit, the victim must be able to show the following:

  • The defendant (truck driver, truck owner, etc.) owed a duty to the plaintiff to exercise reasonable care that would avoid injury.
  • That the defendant failed or breached the duty of care.
  • The failure or breach was the direct cause of the plaintiff’s injuries.

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