Have You Been Involved in Truck Wrecks?

Have You Been Involved in Truck Wrecks?

When accidents happen, they can be — and, in fact, are — devastating. But when truck wrecks happen, they can be especially devastating — and even fatal.

Many Louisiana residents are unaware that trucking companies — and their drivers — are bound by very specific rules and regulations, and failure to follow these rules can lead to harmful and fatal accidents. What’s more, truck wrecks that happen as a result of a driver’s negligence can mean increased culpability on the part of the trucking company.


Truck Wrecks: Should You Sue If You’re Even Partially at Fault?

You may be wondering if, in fact, you should initiate a lawsuit against a trucking company — and its driver — if you’ve been involved in a truck wreck that is partially your fault.

The answer to your question, in short, is yes.

Louisiana Civil Code Art. 2323 is called the comparative negligence law. What this means is that the total amount of damages is calculated, and monetary awards are increased — or decreased — based on each party’s culpability. There is no negligence limit to the Plaintiff’s recovery.

Comparative Fault Example

For example, let’s say you didn’t turn your blinker on when changing lanes on the highway, and as a result, an 18-wheeler rear-ended you. Upon review by law enforcement, it was determined that you were 10% at fault for the accident, and the truck driver was 90% at fault. If the total award for the accident is $100,000, your final award exclusive of attorney’s fees and court costs would be $90,000 (since you were only found 10% at fault).

It’s important to note that, in actual lawsuits, “fault” is not as easily determined as you may think. Factors such as speed limit, faulty equipment on either your car or the truck, cargo load, and physical condition of the truck driver are all taken into account when determining fault in an accident.

An experienced truck wreck attorney — like the ones you’ll find at Smiley Law Firm — will be able to review your case and walk you through the admittedly difficult process of suing the truck driver and the trucking company for your injuries.

semi truck wreck

How Many Other Liable Parties Are There?

If you’ve been involved in a truck wreck, you may think that you only need to sue the truck driver who hit you, and the trucking company that employed the truck driver.

But the truth of the matter is, there are many other people and companies that may be culpable — however partially — for your accident. Some of the many people you can sue for damages, include, but are certainly not limited to, the following:

  • Insurance companies
  • Employers
  • Vehicle manufacturers
  • Government entities
  • Contractors

Without having an experienced truck wreck attorney — like the ones you will find at Smiley Injury Law — you won’t know if you’ve exhausted all of your legal options.

experienced semi truck wreck attorney

Should You Settle Out of Court?

When you’ve been injured in a truck wreck accident, you only have a limited amount of time to file your lawsuit against the driver, the trucking company, and any other responsible party. This time limit is called the statute of limitations.


While some cases go all the way to trial. Either 1) a bench trial, whose outcome is determined solely by a judge; or 2) a jury trial, whose outcome is determined by a jury of your peers.


Some cases are settled in mediation or rarely an arbitration.

These two terms are used interchangeably, but they are actually two different things. Both arbitration and mediation employ a neutral third party.


Mediation is a process where both sides come to work out a deal in a voluntary manner. You can leave at any time and all offers are available in order to make a deal.


Arbitration is a binding process whereby you employ an independent arbitrator to preside over your case just as a trial judge would do. Instead in arbitration, there is no opportunity for appeal and you have to pay the hourly fee of the arbitrator.

Additionally, there are some cases that settle out of court. When that happens, the attorneys for both sides of the dispute engage in a back-and-forth until a mutually beneficial agreement is reached. This is often done without the aid of a judge or other impartial third party.

Because you only have a limited amount of time to file your lawsuit, it’s important to act as quickly as possible and hire an attorney to handle your case.

An experienced truck wreck attorney like the ones you’ll find at Smiley Injury Law will let you know if it’s advisable to go to arbitration, mediation, or trial, or to merely settle with the opposition.

semi truck wreck accident

Why Should You Hire Smiley Law Firm to Handle Your Truck Wreck Accident?

No two cases are the same, but there are a number of reasons why you should hire a personal injury attorney like the ones you’ll find at Smiley Law Firm to handle your truck wreck case.

For example, you may be experiencing a series of debilitating injuries whose effects are either long-term and/or have left you permanently disabled. In this case, you’d be asking for what is called “future damages.” These are damages that you won’t be incurring now, but will definitely be incurring in the future, depending on the nature of your injury.

Examples of future damages include long-term care, physical therapy, occupational therapy, prescribed medications, and in-home care. But only an experienced personal injury lawyer can determine how much your injuries are worth, and will pursue all possible avenues to get you the money you deserve.

Or, you may have incurred an accident where there are either multiple parties involved (such as in a multi-vehicle accident) and/or the culpability, partial or otherwise, for the accident is unclear.

What if the truck driver fell asleep behind the wheel, but you were partially at fault because you tried to speed up to pass him?

Or, what if your car’s brakes suddenly failed, and it’s only after the accident that you’d discovered that the brakes had been recalled?

Complicated accidents with multiple parties and unclear culpability leave insurance companies feeling frustrated, and many will delay disbursing some much-needed funds until the complete picture is painted. That’s why it’s imperative to hire an experienced personal injury lawyer to handle your case.

new orleans la lawyer semi truck wreck accident

Experience Matters When Dealing With Insurance Companies

Finally, you need to hire an experienced personal injury attorney if your insurance company either refuses to pay you for your injuries or engages in bad faith tactics to sideline you.

Regardless of the circumstances, your insurance company should make what is called a “fair settlement offer” to you. If the insurance company fails to make a fair settlement offer — or, in an extreme case, refuses to make an offer at all — you’ll need to engage the services of a personal injury attorney to represent your best interests.

While past outcomes do not guarantee future results, the lawyers at Smiley Law Firm believe that the client comes first. We want you to come to our office and have the best experience possible — we appreciate our clients, & we really appreciate the challenges they face every day as a result of their injuries.

But most of all, we believe in fighting for you, the injured, against the insurance companies. Since the insurance companies — and other culpable parties — have experienced lawyers working hard for their best interests, we believe that you, too, should be afforded that same right. And because we strive to get the maximum result and recovery for truck wreck victims, we have emerged as a leader in injury law for Louisiana for having amassed a large volume of compensation for injury victims.

We take pride in being there for our clients — tirelessly answering their questions, helping them avoid legal missteps, and advising them to the best legal strategy available — and we want to be there for you, too.

So if you’ve been injured in a truck wreck, contact us today and schedule your free, no-obligation consultation with Smiley Law Firm.

Learn More From Smiley Law Firm Blogs

Here at Smiley Law Firm, we write about the topic of truck accident extensively. As personal injury attorneys, we believe in educating our clients and the public with the most up to date information available. We have a number of blogs and articles covering the following topics. Please read them and leave comments if you find the information helpful.


  1. Seth Smiley

    on July 17, 2019

    Thank you for the comment, please tell your friends! 🙂

  2. Seth Smiley

    on July 17, 2019

    Thank you for the comment. I am sorry to hear about your sister. Please reach out to our firm as we may be able to help. If the accident was not in a jurisdiction where we are licensed then we can help her find a qualified attorney in the proper jurisdiction.

  3. Seth Smiley

    on July 17, 2019

    I’m sorry to hear about your brothers car accident with a drunk driver. We wish him the best and speedy recovery. Thank you for the comment.

  4. Seth Smiley

    on July 17, 2019

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  6. Angela Waterford

    on July 15, 2019

    My brother was injured in a car accident because of a drunk driver. I think I should tell him to hire an auto accident attorney in order to address his concerns with the insurance company. Thanks for mentioning that they’ll be able to help him prove that he was harmed by the driver so that he can get compensation for his injuries.

  7. Thomas Jameson

    on July 15, 2019

    It’s good to know that roughly 40% of auto accidents are caused by alcohol. My sister was in a car accident last week where she was t-boned by a driver who might have been drunk. I’ll pass this information along to her so that she can look further into her options for hiring an attorney to help her get the money she deserves from her case.

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    on July 12, 2019

    a wrongful death case prior to making any legal decisions. Consult with attorneys who specialize in wrongful death lawsuits. Get a copy of the extended police report. Wait until you get the results of the

  11. Seth Smiley

    on July 12, 2019

    Thank you for the comment. Tell your sister to give us a call and we can point her in the right direction with regards to legal representation for her texting and driving accident.

  12. Seth Smiley

    on July 12, 2019

    Thank you. We appreciate your comments on our legal guide.

  13. Thomas Jameson

    on July 11, 2019

    It’s good to know that you should hire an attorney to help you press charges if you are injured by someone who is texting and driving. My sister was in an accident the other day, and the other driver was a teenage girl who was most likely texting. I’ll pass this information along to my sister so that she can look further into her legal options.

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  18. Seth Smiley

    on July 8, 2019

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    Thank you for the comment.

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  23. Seth Smiley

    on July 5, 2019

    Thanks, Braden. Yes, you should contact a personal injury attorney to discuss your options.

  24. Braden Bills

    on July 5, 2019

    I was in a car accident, and I’m not sure what to do about it. It makes sense that getting a professional lawyer to help with this would be important. They would be able to ensure that I get compensated for this, and can pay my medical bills.

  25. Seth Smiley

    on July 3, 2019

    Gillian, I could not agree with you more. Thank you for the comment.

  26. Gillian Babcock

    on July 3, 2019

    My sister was crossing the street when a speeding motorcycle passed by and she was hit and badly injured. It was explained here that a lot of experience grave injuries from vehicular accidents some of them even die. Moreover, it’s ideal to hire an experienced personal injury lawyer to help her file claims.

  27. Seth Smiley

    on July 2, 2019

    Thank you for the comment. We have a number of other blogs on our site that are helpful. Click around or give us a call for more information on injury claims.

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  29. Seth Smiley

    on July 2, 2019

    Angela, thank you for the comment. If you or your grandmother need help with the texting and driving accident and injury, please reach out to our firm.

  30. Angela Waterford

    on July 2, 2019

    There was a teenager who injured my grandmother due to texting while driving. I think I’ll hire a car accident lawyer because her life had been irreparably changed. Thanks for pointing out that I’ll be able to point out his negligence with the attorney’s help, so I’ll be sure to hire a good one.

  31. Seth Smiley

    on July 1, 2019

    Thank you for the comment, Jackson!

  32. Jackson Bush

    on July 1, 2019

    I like how you mentioned that an attorney can help establish negligence. My daughter recently got her license and I’m worried that she could get in an accident and automatically blame it on herself because that’s just her personality. I’ll be looking for a reliable attorney for any possible accidents in the future.

  33. Seth Smiley

    on June 28, 2019

    Thanks for the comment

  34. Angela Waterford

    on June 27, 2019

    I had been injured in a car accident last week. As far as I know, the driver who drove the other car was drinking alcohol. Thanks for mentioning that I should call an attorney for this, so I’ll be sure to do that.

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  37. Thomas Jameson

    on June 19, 2019

    It’s good to know that many car accidents are caused by texting and that you can easily make a legal case against it. My sister was injured in a car accident last week where the other driver was texting. I’ll pass this information along to her so that she can look further into her legal options.

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  39. Camille Devaux

    on June 12, 2019

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  40. Kate Welling

    on June 11, 2019

    I like how you said that a car accident attorney might be able to help us locate a local repair shop. This is great to know, especially since my husband just got in a car accident. It happened at a busy intersection! I’ll definitely look into finding a personal injury lawyer to help him out.

  41. Stefan Bradley

    on June 11, 2019

    It’s a shame that 40% of accidents are caused by irresponsible drinking, it really makes you worry about your family’s safety. My sister got into a car accident a few years ago and struggled to figure out exactly what to do after the accident. Knowing who to call and what to do next would have saved her a lot of time and prevented her from being too stressed after such a scary experience.

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  43. Sam Li

    on June 6, 2019

    I appreciate what you said about determining which party was at fault during a car crash. Working with a reliable injury attorney is vital if you have been hurt due to the fault of another. If I were to get hurt in an auto accident, I would find an attorney with a winning track record to work with.

  44. Shayla Cademis

    on May 31, 2019

    I didn’t know you could get compensation for things like losing a job, having difficulties with mortgage payments, or getting a divorce after an auto accident. My brother-in-law was in a car accident last week after another driver ran a red light at an intersection. He’s definitely had a few medical bills, but I’ll have to let him know he should be aware of other possible compensations. Hopefully we can help him find a good attorney in his area. Thanks for the info!

  45. Bob

    on May 30, 2019

    I love your personal injury lawyer tips. My father just got hit by a drunk driver. I’ll have to get him a lawyer so he can sue the guy to his last dime.

  46. What to Do if You are in an Auto Accident

    on May 30, 2019

    […] most auto accidents are minor and those involved are able to walk away with serious injuries. Here’s what you need to […]

  47. 4 Tips to Heed After Filing a Personal Injury Insurance Claim - Law Policy

    on May 30, 2019

    […] questions you might have regarding your claim or policy. For example, you might want to know about injury claim values at this stage, as you could be curious about the amount your insurance company will be paying out […]

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