Truck accidents are particularly hazardous due to the size and force of the vehicle. Collisions with trucks can result in complex cases with extensive property damage and long-term medical expenses.
If the accident was caused by another driver’s negligence, you could file a legal claim against the driver with the guidance of a determined personal injury attorney. Additionally, you could sue the driver’s employer if the accident involved a commercial truck. A Mandeville truck accident lawyer could help you recover the compensation you deserve.
Determining liability for a truck crash is not always straightforward. An injured person could file a lawsuit against multiple defendants depending on the cause of the accident.
Many truck accidents involve commercial vehicles owned by the driver’s employer. Typically, these employees are required to have a commercial driver’s license to operate these vehicles, according to Louisiana Revised Statutes § 32:402.
When an individual sustains injuries in an accident involving a commercial truck driver, they may file a lawsuit against their employer under Louisiana Civil Code Annotated § 2320. The statute aims to hold employers strictly liable for damages caused by their employees while on the job.
The key to proving liability when suing an employer is establishing that the accident occurred while the employee was performing their normal job function.
If the truck accident resulted from defective mechanical equipment or components, an injured party could sue the truck or component manufacturer under a product liability claim.
Manufacturers are liable for injuries caused by defects that render a product unreasonably dangerous. This includes defects related to its construction, design, inadequate warnings, or failure to meet an express warranty. A tractor-trailer accident lawyer in Mandeville could help you determine the best course of action and assist in building a solid case.
Individuals can be held liable if their conduct causes damages to another person. To prove negligence, a victim must establish that a defendant breached a duty of care. For example, if the truck driver was speeding, driving while intoxicated, or disobeying traffic laws, the plaintiff may have a strong negligence claim. A seasoned Mandeville truck collision lawyer could consult with an injured person about the best evidence to establish negligence, such as police reports, witness testimony, or surveillance footage.
The injured person must also demonstrate that this breach directly caused their harm and damages. Damages can include economic or noneconomic losses. Economic damages include property damage, lost salary, or medical bills. Noneconomic damages involve intangible losses, such as emotional distress, pain and suffering, and a decline in quality of life.
However, Louisiana’s pure comparative negligence law requires the Court to assess the negligence of all parties involved in the accident. When a Court determines the plaintiff bears partial responsibility for the accident, it will reduce their amount of recoverable damages in proportion to their degree of fault. However, the plaintiff can still recover damages even if their level of responsibility exceeds the defendant’s negligence.
Many states impose a time limit for filing personal injury lawsuits, typically giving injured parties a few years to take legal action.
In Louisiana, however, the statute of limitations is relatively short. Therefore, it is essential to promptly file a personal injury lawsuit for a truck accident. According to La. Code Civ. Proc. Ann. § 3492, a person has one year from the date of the injury to file their claim.
If the lawsuit is being filed by a deceased victim’s surviving family members under the wrongful death statute, the one-year period begins from the date of death.
Injuries from truck accidents can drastically change a person’s life. These injuries can impact your long-term ability to retain employment and result in hefty medical bills.
Given the statute of limitations, you should be proactive and speak with a Mandeville truck accident attorney about the validity of your claim. Failure to file the lawsuit within this period could result in the Court dismissing the claim.
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