Collisions with tractor-trailers, construction vehicles, and other large trucks can be devastating. These vehicles always outweigh passenger cars and can inflict massive damage in accidents. To collect compensation after a crash, you need to prove that a negligent trucker was at fault.
You do not have to manage this process alone. A Lafayette truck accident lawyer works to protect the legal rights of people like you. The dedicated injury attorneys at Tomeny | Best Injury Lawyers could deal with aggressive insurance companies, gather essential evidence, and seek fair compensation for your losses in and out of court.
What Makes Tractor-Trailers More Prone to Collisions?
Commercial trucks pose many threats to people in other cars, riding bikes, and on foot. The most obvious danger is the increased mass of trucks makes it more difficult for an operator to slow down or stop their vehicle. An abrupt change in momentum, such as a sudden turn or stop, could cause a driver to lose control of their truck. Resulting accidents could involve a truck rolling onto its side or a truck’s trailer swinging out from behind the vehicle.
Trucks also have large blind spots where a driver is unable to see other vehicles and pedestrians. Although commercial trucks should have advanced mirrors or cameras to assist with lane changes, collisions can still occur when operators fail to check their blind spots. A Lafayette attorney could look into the exact nature of a truck wreck and help an injured plaintiff take the necessary steps toward compensation.
When is a Trucker At Fault For a Crash?
The court will not automatically assume a trucker is at fault for a wreck. To recover compensation, an injured plaintiff has the burden of proving that a defendant trucker’s negligence was the cause of the collision. A Lafayette truck accident attorney could take the lead in this process.
The most direct way to prove negligence is to show that a trucker was breaking the law at the time of the crash. These laws can include speed limits, yielding rules, and the prohibition of driving under the influence of alcohol or drugs. In addition to common traffic laws, special rules limit the maximum weight a truck can carry and how much time a driver can spend behind the wheel. If a trucker or trucking company fails to follow these laws, they should be accountable for covering injured parties’ losses.
Even if a trucker was not actively breaking the law, a plaintiff could also prove negligence by demonstrating that the defendant’s carelessness led to the collision. Instances of distracted driving, such as talking on a cell phone or eating behind the wheel, could make a truck driver liable for damages.
Comparative Negligence Can Affect Compensation
Plaintiffs should be aware of state laws concerning comparative negligence. Louisiana Civil Code § 2323 says that a court will evaluate the actions of all parties involved in an accident to determine who is at fault. If the court finds a plaintiff partially responsible, they could limit available compensation at trial.
A Lafayette lawyer could help build a case demonstrating that a trucker was responsible for a tractor-trailer crash and should be liable for providing full compensation. This may require visiting the scene of the crash, gathering police reports and traffic camera footage, and even hiring an accident reconstruction expert.
Contact a Lafayette Truck Accident Attorney Today
If you suffer an injury in a truck collision, you have the right to demand compensation for your losses. These payments could cover medical care, emotional trauma, and lost wages. However, it is only possible to collect these payments if you can prove that the trucker’s negligence was the source of the collision.
Thankfully, a Lafayette truck accident lawyer could help. Our legal team at Tomeny | Best Injury Lawyers could take care of every step needed to protect your rights while you focus on your recovery. Reach out today to schedule a free consultation.