You should immediately consult a lawyer if you have been involved in or lost a loved one in a truck accident. Truck accident claims are rarely straightforward. They often involve multiple parties, defense attorneys, and insurance companies all trying to avoid liability by shifting blame to you or another party.
You should speak to an experienced truck accident lawyer right away to help protect your right to recover the damages you are owed. At Chris Corzo Injury Attorneys, our truck accident lawyers have helped recover billions of dollars in verdicts and settlements for injury victims and their families, and we are committed to helping you secure maximum compensation.
Reasons You Need to Promptly Consult a Lawyer After a Truck Accident
There are numerous reasons to consult an experienced truck accident lawyer immediately after an accident, including:
- The trucking industry must adhere to strict federal and state regulations. After an accident, it is essential to determine whether the driver or trucking company has violated any of those regulations and to uncover that evidence. Proving that federal or state violations occurred can help prove liability and significantly strengthen your claim. An experienced truck accident lawyer is intimately familiar with these regulations and knows how to discover violations to help you recover maximum compensation.
- There are often multiple parties, including insurance companies and defense attorneys, involved in a trucking accident case. Each party will likely issue discovery that you will need to respond to and file motions that you will have to reply to. Likewise, you need to conduct discovery by requesting documents and information from the other parties, and you will need to file necessary motions on time. You do not want to face the challenge of seeking compensation in such a complex claim without an experienced truck accident lawyer by your side.
- You may be partially at fault for the accident. Louisiana follows a pure comparative fault rule, as outlined in the Louisiana Civil Code Article 2323. Fault for an accident may be apportioned to multiple parties. If you are partially at fault, you can still seek damages. However, your compensation will be reduced by the amount of fault assigned to you. The insurance companies and defense attorneys will try to shift as much of the blame as possible to you to help them avoid or minimize liability and pay you as little as possible. You need an experienced truck accident attorney to protect your rights and fight to prevent or limit any fault assigned to you and maximize your compensation.
- Insurance companies often use unfair tactics to avoid liability. They may deny or delay processing your claim. Insurance companies typically contact you promptly after an accident to make a low settlement offer before you have a chance to consult a lawyer and fully understand the actual value of your claim. Insurance adjusters may also ask you to provide a recorded statement and manipulate the conversation, hoping you will say something they can use against you. When an attorney represents you, they will handle all communications with the insurance companies.
- If you have severe injuries, they will likely require long-term, expensive medical care, and you may not be able to return to work for some time. You need to ensure that you secure every dollar you are owed to help pay your medical expenses and to compensate for lost wages and other losses. A lawyer can help establish all your current and future damages and accurately value them, so you know what a fair settlement of your claim would be. You must be able to prove the value of your damages to the insurance companies and the court.
- Vital evidence can be lost, destroyed, or diminished if fast action is not taken to preserve it. Your attorney can issue letters directing parties to hold and maintain evidence and can help uncover and gather essential evidence to build your strongest case.
- Some evidence will require a subpoena to collect. Your attorney can issue the necessary subpoenas to gather evidence such as electronic records, cell phone records, event data recording devices, Dashcam videos, and much more.
- You must file your claim before the statute of limitations runs. While the statute of limitations for truck accidents is generally two years, as outlined in Louisiana Civil Code Article 3493.1. However, there are rare exceptions to the two-year filing deadline. Your attorney can determine your filing deadline and ensure you file your claim timely. They can also help ensure you meet all court deadlines in your case.
Proving Negligence in a Truck Accident Case
Truck accident claims are typically based on negligence. To be successful in a negligence case, you need to prove the existence of four elements:
- The defendant owed you a duty of care. All motorists owe a duty of care to operate their vehicles safely to avoid harming others.
- The defendant breached that duty by negligent action or inaction. For example, if the truck driver was speeding, they may have breached their duty by violating the speed limit.
- The defendant’s breach of duty caused your accident and damages. It is not enough to prove that the driver was speeding. You must also prove that the driver’s exceeding the speed limit was the cause of your accident.
- You suffered actual damages from the defendant’s breach of duty. Damages can be proven by showing physical, financial, or emotional injury.
While these elements may seem straightforward to prove, they are often heavily litigated and challenging to establish. You need the assistance of a truck accident lawyer with a proven record of securing client maximum compensation.
Schedule a Free Consultation With a Truck Accident Lawyer Today
Do not wait to consult an experienced truck accident lawyer. At Chris Corzo Injury Attorneys, we have the experience, skills, resources, and commitment to protect your rights and help you recover maximum compensation for your injuries after a truck accident. Call (225) 999-1111 or complete the short form on our contact page and schedule a free consultation to discuss your case.