Baton Rouge, LA – The way a victim responds to an accident involving a truck can depend on a number of factors. The most important issue is normally the severity of the injuries that result from the collision. A victim will often choose to pursue legal action if it seems that their losses and injuries will be more costly than what insurance claims will cover under the terms of their policy.
When a truck driver or trucking company causes the accident, there are also a number of special considerations that must be made with the help of an attorney.
Was the vehicle maintained properly, and did the driver follow all other safety requirements?
There are a number of safety regulations and driver requirements that may not be immediately obvious to someone who was involved in a collision with a truck. The victim’s lawyer can see if the truck itself was in compliance with rules related maintenance and repairs. The driver also needs to take breaks at certain intervals and can only drive for a certain number of hours in a day. If any of these kinds of rules were violated, this is strong evidence of negligence, and the business is more likely to have to pay out after a verdict or settlement agreement.
How will fault likely be divided in the accident?
All states have laws related to negligence, which determines how damages will be paid out, or if a victim can recover at all. Louisiana’s negligence law says that fault can be divided between everyone involved to equal one hundred percent, and any level of fault by the plaintiff will result in a proportional reduction of damages, rather than barring the lawsuit entirely. This is actually helpful to most plaintiffs, because they can still collect money from the defendant even if the accident was partially their fault.
Was the plaintiff injured?
For truck accidents that result in only vehicle damage, it may be sufficient to use the insurance process to have a vehicle repaired. The largest costs in any accident lawsuit are usually associated with extensive medical treatment and an inability to work and function normally. However, the victim may also want to meet with medical specialists to ensure that they do not have any kind of latent damage to the back or neck, which may not be obvious for weeks or months after the collision. Injuries should be considered on a case by case basis between the attorney and client.
Scheduling a meeting with a licensed attorney in Louisiana
It is possible to have a consultation with a lawyer who deals with personal injury cases in the Baton Rouge area. Miller, Hampton, and Hilgendorf is a trusted local firm that is dedicated to assisting accident victims.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806