Truck accidents can be life-altering, causing significant physical injuries and financial burdens. Determining who is responsible can be complex because multiple parties may be at fault. Ensuring accident victims recover damages in Baton Rouge truck accident cases often requires an experienced personal injury law firm such as Tomeny | Best. Reach out today to begin working with a dedicated legal advocate.
Who Is Responsible for Paying Damages After a Truck Wreck?
Louisiana is an at-fault state that requires the injured party to prove that others are responsible for an accident and subsequent injuries. Accidents that involve commercial trucks in Baton Rouge can have multiple responsible parties, including the truck driver, trucking company, or other third parties. Identifying the responsible parties can help ensure appropriate damages.
Truck Drivers
Truck drivers may be found negligent because they failed to follow traffic laws, such as adhering to speed limits or running a stop sign. They may also be cited for not adjusting to driving conditions. However, a trucking company may share some of the responsibility.
Trucking Companies
Trucking companies can be held responsible for the actions of their drivers, according to the vicarious liability doctrine. The law states that an employer bears responsibility for their employee’s actions if they are operating under the employer’s authority. Trucking companies that perform their own maintenance may also be liable if they fail to comply with safety standards.
Third Parties
Trucking companies may use third parties for some services, such as maintenance and cargo loading. If cargo is loaded improperly, it can shift during transit, causing the driver to lose control. If shifting cargo played a role in the accident, the loading company could be partially responsible. The same applies to companies that provide maintenance for trucking companies. If they failed to maintain the trucks as required, they could be held liable. For example, poorly maintained brakes could cause trucks to fail to stop appropriately.
What Compensation Is Available for a Truck Accident?
Establishing fault requires evidence such as police reports, witness statements, photographs, and expert opinions. Determining compensation relies partly on medical records, financial and medical experts, and work records. For accident victims who suffer permanent impairment, they should ensure their compensation includes current and future medical expenses and economic recovery.
Economic or Special Damages
Special damages refers to measurable expenses that victims incur because of a Baton Rouge truck accident. These include medical expenses for emergency services, hospital stays, doctor visits, and surgeries. They also address lost or reduced wages if the injured parties cannot return to work. The special compensation may also include any future medical or economic damages that accident victims incur.
Non-Economic or General Damages
General damages refers to the monetary assessment of the emotional and psychological trauma that accident victims suffer. This includes loss of companionship and social relationships, lessening of the quality of life, or the inability to pursue a career. The compensation may include immediate and future damages.
Louisiana allows punitive damages in limited circumstances for egregious acts such as drunk driving.
Contact a Baton Rouge Attorney About Damages in Truck Accident Cases
Anyone injured in a truck accident after July 2024 has two years to file a claim. Accidents before July 2024 have one year. Whether it is two years or one, contacting a personal injury attorney immediately allows them to collect evidence before it is discarded and gather witness statements before they relocate. Receiving adequate damages in Baton Rouge truck accident cases is more likely with the services of a knowledgeable personal injury lawyer. Call Tomeny | Best today.
