Trucking accidents can occur on virtually any Louisiana roadway and can involve anything from a delivery truck to an 18-wheeler. If you’ve sustained an injury, consult our truck accident lawyer today. Over the years, large trucking accidents have increased. According to the Federal Motor Carrier Safety Administration (FMCSA), large truck accidents injured as many as 13,000 and killed 5,000 in the United States last year. Because of the size and weight of large trucks, personal injuries are often severe in large truck accidents.
The causes of truck accidents can be different than those of automobile accidents. For instance, tractor-trailers sometimes “jackknife,” causing an accident. Also, brake malfunctions due to lack of proper maintenance and inspection often cause truck accidents. Truck roll-overs are also a common cause of accidents involving serious injuries. Highway conditions, brake failure, improper tire inflation, truck malfunction or driver error can result in roll-overs. In cases involving truck accidents, a number of federal regulations come into play that do not in ordinary automobile accidents.
In order to drive a commercial vehicle in Louisiana, the driver must test and qualify for a commercial driver’s license. Passing a physical examination is also required by the FMCSA. If truck drivers or their employers fail to follow the rules and regulations, this failure can impact a trucking accident claim.
Accidental personal injuries from truck accidents may involve children, adults or the elderly. Injuries can range from minor soft-tissue injuries to severe and catastrophic injuries such as neck or back injuries, spine injuries, brain injuries, burn injuries, paraplegia, quadriplegia, amputation or death.
Regardless of the severity of an accident, an experienced truck accident lawyer can help you evaluate the appropriate amount you should recover from the at-fault driver’s insurance company. Components of recoverable damages often include past and future medical bills, lost wages and earning capacity, mental and physical pain and suffering and loss of enjoyment of life. These components of damages vary from case to case, as no two injuries are alike.
If it is determined that the at-fault driver was driving while intoxicated, and the intoxication played a part in the accident, the accident victim may recover punitive damages.
For instance, we represented a woman driving a Jeep Cherokee when it was rear-ended by an 18-wheeler, causing it to burst into flames. She was pulled from the Jeep after several minutes with minor cuts and bruises, but no burns. A physician diagnosed the victim with a mild spine injury, a bulging cervical (neck) disc. Additionally, she was diagnosed with post traumatic stress disorder. The truck driver tested positive for methadone, which he was taking pursuant to a physician’s prescription for chronic back pain related to prior surgeries. Toxicology experts disagreed on whether the dosage of methadone prescribed could cause “intoxication,” and thereby cause the accident.
The federal court in New Orleans filed the suit. The insurance company’s last offer prior to trial was $125,000. The jury awarded $500,000 in actual damages plus $1,500,000 in punitive damages. The punitive damage award was to punish the truck driver for driving under the influence of methadone. A defense toxicology expert testified that the amount of methadone detected in the driver’s blood could not have contributed to the accident. Our toxicology expert testified that it did. The jury, disregarding the testimony of the trucking company’s expert, found that the methadone impaired the driver and played a part in the accident.
At the Law Offices of J. Price McNamara, we understand the family devastation and damages caused by serious accidental injury, whether the result of a car accident, trucking accident, industrial accident, offshore injury or maritime injury. We recover losses for accident victims.
If a truck accident has killed or injured someone you know, a personal injury lawyer can help.
We answer any questions you have FREE OF CHARGE.
If you ultimately decide to hire us to represent you in a personal injury, wrongful death or disability insurance claim, we handle them on a contingent fee basis. We receive compensation once you’ve won your case. Our clients owe us nothing, no fee and no reimbursement of our advanced litigation costs, unless we recover.
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