INJURED? get Smiley.
February 28, 2024

New Orleans Truck Accident Lawyer

If you’ve been injured in a truck accident caused by someone else’s negligence, you can hold the negligent party responsible and recover compensation. Reach out to a truck accident attorney in New Orleans to take legal action. 

Truck drivers have a difficult time sharing the road because of the size of their vehicles. When truckers must drive through urban areas like New Orleans, it can be dangerous for drivers of smaller cars and motorcycles. If you were injured in a New Orleans truck accident and you believe someone else was at fault, you can file a lawsuit to obtain a settlement for your losses.
At Smiley Injury Law, LLC, we understand how scary it can be to collide with a truck on the road. Trucks can cause more severe injuries than other vehicles, and the medical expenses that result can also be larger. If you want to return to normal life as quickly as possible, it’s essential to recover compensation for what you’ve been through.
A New Orleans truck accident lawyer from our team can assess your situation and use the facts from your case to support your claim in court. Hopefully, once you receive the money you deserve, you can begin picking up the pieces of your life.

Reasons Why Truck Accidents Occur in New Orleans

Truck accidents in New Orleans may occur because of uncontrollable circumstances such as bad weather. Truck accidents can also occur because of bad road conditions, truck malfunctions, or issues with cargo on the truck. Because trucks are difficult to control, however, truck drivers may be to blame for many truck accidents in New Orleans. 
A truck driver can cause a truck accident in New Orleans by texting while driving, speeding, improperly changing lanes, driving under the influence, driving while drowsy, or failing to yield. Because truck drivers have such a demanding job and are behind the wheel so often, the risk of causing an accident is higher.  

Injuries Caused by New Orleans Truck Accidents

Injuries caused by New Orleans truck accidents can vary significantly based on whether the truck hits a car head-on, whether the truck starts a fire after the collision, and how soon a victim can escape their vehicle. Burn injuries are common in truck accidents because trucks often carry flammable cargo.
A truck’s size can also increase the force of the collision, which can mean spinal damage and traumatic brain injuries may occur. If your injuries are life-threatening, it’s essential to get the best treatment possible in New Orleans if you hope to recover quickly. The liable party in your truck accident should have to pay for your medical expenses as well as any resulting emotional damage. 

Identifying Who’s Liable for Your New Orleans Truck Accident

You may know who caused your New Orleans truck accident, but when filing a lawsuit for your injuries, recovering compensation can be more complex. For example, if the truck driver is at fault, you may have to sue the trucking company who employs the driver. Similarly, if a truck malfunction caused your truck accident, the product manufacturer may be liable for your losses.
Identifying who’s at fault is the first step in your case. Your New Orleans truck accident attorney can help pinpoint the negligent party using evidence such as photographs, video footage, medical records, and witness testimonies. Once you know who’s at fault, you can name your defendant accordingly.  

What to Do if You Shared Fault in Your Truck Accident in New Orleans

Not all truck accidents in New Orleans are black and white. You may be involved in an accident in which you shared a percentage of fault, but this shouldn’t deter you from pursuing a lawsuit. Louisiana follows a pure comparative negligence law, which means anyone who shared fault in an accident can sue another liable party and recover compensation for their losses, regardless of their percentage of fault.
The New Orleans court will determine how much fault you contributed and deduct this percentage from your overall claim value. For example, if you were 20 percent at fault for your truck accident in New Orleans and your losses are valued at $100,000, you’ll receive $80,000. 

How to Receive the Maximum Settlement in Your New Orleans Truck Accident Claim

Your truck accident lawyer in New Orleans will help maximize your settlement by making sure every loss you’ve experienced is accounted for. Your losses may be financial or non-financial.
Financial losses can include property damage, medical expenses from any injuries you’ve received, or wages you’ve lost from taking time away from work. Non-financial losses can be ways the accident affected your lifestyle. These losses may include pain and suffering, loss of enjoyment of life, scarring and disfigurement, loss of consortium, or emotional distress.

New Orleans Truck Accident FAQ

If you’ve never filed a legal claim before, it’s understandable to have questions about your case. At Smiley Injury Law, LLC, we offer free consultations as a way to ease your initial concerns before you feel obligated to commit to our services. We’ve answered some of the most frequently asked questions about New Orleans truck accident cases below to get you started. 

Do I need to go to court for my New Orleans truck accident lawsuit?

Many personal injury lawsuits never make it to court, and your truck accident attorney in New Orleans will work hard to settle your case in pretrial mediation. No one wants to go to court, but the fear of court shouldn’t dissuade you from filing a claim. If the defendant won’t settle for the amount you deserve in mediation, we’ll take your case to court and negotiate for the maximum settlement. 

Can I still take legal action if the truck came from out of state?

Yes. Regardless of whether the driver was from out of state, if the truck accident happened in New Orleans, Louisiana law applies. You can file a New Orleans truck accident lawsuit and the truck driver will have to handle the case accordingly. The driver may be able to handle most of the case from out of state, but if court is necessary, they may have to appear in front of a judge. 

How long do I have to file my truck accident claim?

The state of a Louisiana has a statute of limitations of one year for personal injury claims, which includes truck accident lawsuits in New Orleans. You’ll have one year from the date your truck accident occurred to file your case if you hope to obtain a settlement. If you don’t file within the one-year limit, the court won’t hear your case and you’ll receive no money.

Contact a New Orleans Truck Accident Attorney

Experiencing a truck accident in New Orleans can leave you with a lasting fear of driving. It’s hard to avoid trucks on the road, and it’s unfortunate that one moment can physically and emotionally change the course of your life.
It’s essential to hold the at-fault party responsible for your truck accident if you hope to receive justice and closure for what’s happened. A settlement can also help you get treatment for your injuries so you can recover quickly.
If you’re ready to speak with a New Orleans truck accident lawyer from Smiley Injury Law, LLC about your case, call 504-894-9653 or fill out the contact form below to schedule a free consultation.

get your free

personal injury guide
Smiley Law Firm Popup Form for Ebook