Metairie Truck Accident Lawyer
People who are involved in accidents with commercial trucks are often lucky if they can walk away. Any time a person comes into contact with these massive vehicles, the forces that act on their bodies are immense. Their car is likely to be totaled, and many people suffer severe, life-altering injuries as a result.
Despite these potentially life-changing consequences, truck accident cases in Metairie are pursued in much the same way as any other accident that happens on Louisiana’s roads. In other words, an injured person still must prove that the truck driver’s negligence directly caused their injuries.
A Metairie truck accident lawyer could help you accomplish this goal in your case. Your dedicated personal injury attorney could work on your behalf to gather evidence, protect you from aggressive insurance companies, and pursue compensation for your injuries.
The Duty of Care for Truck Drivers
In addition to obtaining special licenses to operate their vehicles, truck drivers must also follow the same rules of the road as all other motorists. This includes taking on a legal duty to look out for the welfare of all other people they may encounter while behind the wheel.
This fact forms the core of the legal cause of action known as negligence. Negligence allows people injured in accidents to hold the at-fault party civilly responsible for any damage that they cause.
To win a negligence case, a plaintiff must prove that:
- The defendant owed them a duty of care prior to the accident
- The actions taken by the defendant breached this duty of care
- This breach of the duty of care directly resulted in a physical injury
Most truck accident cases revolve around the question of whether the truck driver’s actions breached this duty of care. Evidence that the trucker was speeding, failed to yield, or ignored a stop sign can be very helpful in this regard, as could evidence that a truck driver was sleep-deprived or even that their truck was overweight. A Metairie truck accident attorney could help gather this evidence and use it to its most impactful effect.
Statute of Limitations in Metairie Truck Accident Cases
Louisiana state law places great restrictions on when a person can bring a negligence case forward. Louisiana Civil Code §3492 states that all cases alleging personal injury as a result of negligence—a category which includes the vast majority of truck accident cases—must be filed in court no more than one year from the date of the injury.
This law is known as the statute of limitations, and many cases fail because their plaintiffs are unaware of this rule. Furthermore, insurance companies are also aware of this law and may refuse to consider any settlement offer if the time to file a lawsuit has passed. Needless to say, time is of the essence in virtually all truck accident cases, which means retaining a truck accident lawyer in Metairie to help ensure the filing process goes smoothly can be critical.
A Metairie Truck Accident Attorney Could Fight for Compensation
If you are injured in a truck accident, you are likely to be scared and confused. You could be facing months or years of physical and mental pain, resulting in astronomical medical bills and lost earnings from missed time at work. On top of that, you may be intimidated by the idea of suing a large trucking company or filing a case in court to pursue compensation.
A Metairie truck accident lawyer could work to put your mind at ease after such an incident and take care of the gritty legal details, so that you could focus on getting your life back on track. Skilled attorneys work to gather all the necessary evidence and present demand packages backed by the force of law. Using this method, many cases end without ever needing to go to court. Time is short in these cases, so contact an attorney today to see how they might be able to help you.