Louisiana – November 23, 2020

Truck accident insurance.

Louisiana is a third party liability state with regard to motor vehicle accidents, and follows the pure comparative negligence rule, where an accident victim may seek compensation after a judge, or jury has assigned fault. Louisiana and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Carriers operating in Louisiana must adhere to the maximum length, height, width, and axle limitations and meet requirements for bridge and weight laws. The size discrepancy between large trucks and passenger vehicles is a major factor in the amount of damages caused in truck accidents. Truck accident attorneys can assist when a truck is over the regulation sizes, supporting a higher settlement for catastrophic damages in a legal claim.

Post-accident.

Accident victims involved in truck accidents in Louisiana should:

  1. Check on the condition of the people involved in the accident,
  2. Call the police or emergency responders if needed,
  3. Get a written accident report,
  4. Remain at the accident scene,
  5. Exchange driver and insurance information,
  6. Get witness information,
  7. Call insurance company to set up a claim,
  8. Seek out medical treatment if necessary,
  9. Take pictures of the scene, and the vehicle damages,
  10. If the truck is a Commercial Vehicle, get a Louisiana State Trooper report,
  11. Do not make any statements regarding fault at the scene,
  12. Call a truck accident attorney.

Damages.

Special economic damages are related to present and future lost wages, medical bills, future medical care, household expenses and general non-economic damages include pain and suffering, mental anguish and loss of consortium, or companionship.

Punitive damages are awarded for the express purpose of punishing the defendant, and to deter future similar acts. It is best to speak with a personal injury attorney about case specifics, based on proof that a defendant deliberately, or with reckless disregard acted in a manner that would cause harm.

Statute of limitations.

Louisiana personal injury lawsuits for losses must be filed within one year from when the injury was sustained, discovered, or should have been discovered through reasonable care. An attorney can inform a claimant of any deviations from that timeline.

Seek legal counsel.

Experienced Louisiana attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case, including scene investigators, insurance valuation specialists, state and federal law researchers, and witnesses that will be considered toward a determination of fault that will impact compensation available to victims of loss.  A Louisiana truck accident attorney can file a legal action for damages, or survivor’s benefits when someone is killed in a truck accident.

Walker Daly LLP

3939 N Causeway Blvd Ste 200
Metairie, LA 70002

Phone: (504) 832-0999

Email: [email protected]

Email: [email protected]

Sources.

https://www.fmcsa.dot.gov/

https://legis.la.gov/legis/Law.aspx?d=110567

https://legis.la.gov/legis/Law.aspx?d=110515

https://www.iihs.org/topics/fatality-statistics/detail/state-by-state

http://www.legis.la.gov/legis/Law.aspx?d=109387

http://www.legis.la.gov/legis/Law.aspx?d=109371

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