Truck Accident Lawyer Metairie, LA
Common Truck Accident Causes
Truck accidents occur every day in the U.S. and can cause a lot of damage. Since commercial trucks are so big and heavy, they frequently result in severe injuries. If you were recently hurt in a truck accident, you may want to consult a Gretna, LA truck accident lawyer.
Here are some common causes of truck accidents:
Speeding
Truck drivers are often under strict deadlines to deliver their goods. This can put immense pressure on drivers. If they are behind schedule due to bad weather or poor road conditions, they may drive above the speed limit to catch up. Unfortunately, speeding can lower truck drivers’ reaction times and even cause them to lose control of their vehicles.
Distracted driving
Truck drivers may give into distractions more frequently than drivers of passenger vehicles. They often have to be on the road for many hours at a time and get bored. These truck drivers might send text messages or eat, for example, to pass the time. These actions can take both their eyes and attention off the road, increasing the risk of a crash.
Unsecured cargo
Before getting behind the wheel, truckers should make sure that their cargo is properly secured. If it is not secured, the cargo could fly off the trailer and onto the road, resulting in an accident.
Drowsy driving
As mentioned before, truck drivers often have to be on the road for long hours. Eventually, it can take its toll. As a Gretna truck accident lawyer can confirm, drowsy driving is one of the most common causes of truck accidents. When truck drivers have not gotten enough rest, they may have trouble focusing on the road ahead or even fall asleep behind the wheel.
Alcohol and drug use
Despite the known dangers of driving under the influence of alcohol and drugs, some truck drivers still choose to do so. Truck driving can be a very stressful job at times, and truckers may use alcohol or drugs to cope. Unfortunately, these substances can impair their judgment and coordination, increasing the chances of a collision.
Inadequate training
Operating a commercial vehicle is not the same as driving a passenger vehicle. It is much more difficult. That is why truck drivers require adequate training before getting behind the wheel. However, some trucking companies may skimp on training to save money. Poorly trained truck drivers might not know how to operate a commercial truck safely and have a higher chance of getting into accidents. In accidents caused by poor training, trucking companies may be held responsible.
Poor maintenance
Just like passenger vehicles, commercial trucks require regular maintenance to run properly. Since maintaining commercial trucks is expensive, some trucking companies may not maintain their vehicles as often as they should. If you were injured in a truck accident due to poor maintenance, both the truck driver and trucking company may be held liable. It is important to discuss your case with a Gretna truck accident lawyer as soon as possible.
How Truck Accidents Differ from Car Accidents
If you plan to pursue compensation after getting into a truck accident, it’s important to know the facts behind these types of crashes. The truth is that they are much different from accidents involving only passenger vehicles. Here are some different ways that truck accidents differ from car accidents.
Commercial vehicles are much larger and heavier
Commercial vehicles are very large and weigh tens of thousands of pounds. Therefore, it stands to reason that they can cause major damage to anything they touch. In an accident, they are more likely to total a passenger vehicle, even if they aren’t going very fast.
Truck accidents cause more severe injuries
As mentioned above, commercial trucks are much larger and heavier than other vehicles. This means that they are more likely to cause life-threatening injuries, like traumatic brain injuries and spinal cord injuries, in accidents. The extra weight creates a lot of force that can put the body at risk of more strain.
There are multiple liable parties
In an accident involving only passenger vehicles, you’re only dealing with the other driver. If you are in an accident with a truck, however, you may have to deal with multiple liable parties. In addition to the truck driver, you may be able to hold the truck company, manufacturer and even the maintenance provider responsible. The more parties you can sue, the greater compensation you can ultimately get. An experienced Metairie truck accident lawyer can help you determine liability.
Cargo can be hazardous
Unlike passenger vehicles, commercial trucks carry cargo. If the cargo isn’t properly secured, it can fall off or cause the truck to tip over. Cargo also contains hazardous chemicals, which can cause additional injuries.
There are many regulations in the trucking industry
Truck drivers are held to a higher standard than drivers of passenger vehicles. They have to follow strict regulations, such as driving slower in certain areas and logging in their hours. If they don’t follow these regulations, they can get in trouble. Because these regulations can be quite complex, it’s important to work with a lawyer who can help you navigate them.
Getting Compensation in a Truck Accident Case
After a truck accident, you should seek medical attention right away. These accidents often result in serious injuries, so it is important to make your health a top priority. A doctor will assess your injuries and recommend the appropriate treatment.
Then, consult with a lawyer who specializes in truck accident cases. He or she can help you gather evidence, identify all the liable parties and negotiate with the insurance company.
Schedule a consultation with a Metairie truck accident lawyer from The Law Offices of Frank D’Amico, Jr. today.
Metairie Truck Accident Infographic
Compensation To Seek In A Truck Accident
Experiencing a collision with a commercial vehicle can be an incredibly traumatic event, leaving victims with not only physical injuries but also significant emotional and financial burdens. Given the complexity of these situations, it’s crucial to understand the types of compensation available to those affected. A skilled Metairie, LA truck accident lawyer will know how to best do this. This understanding can be the first step towards recovery, ensuring that victims receive the support they need to rebuild their lives. The Law Offices of Frank D’Amico, Jr. would love to assist if you have been in an accident with a truck. You need to have a lawyer on your side to ensure your rights are protected and you can file for maximum compensation.
Comprehensive Medical Care Coverage
First and foremost, victims are entitled to compensation for all medical expenses related to the collision. This includes immediate treatments and surgeries, rehabilitation costs, and any long-term care needs. The goal is to ensure that the injured party can recover to their fullest potential without the added stress of medical bills.
Compensation For Lost Wages And Earning Capacity
Many victims find themselves unable to work in the aftermath of an accident, whether temporarily or permanently. Compensation can cover lost wages during the recovery period. Furthermore, if the accident results in long-term disability, affecting the victim’s ability to earn as they once could, they may be entitled to compensation for lost earning capacity. This aspect considers not only current lost wages but also future earnings. This can be fairly complicated to calculate, which is why it is crucial to have an experienced Metairie truck accident attorney on your side. He or she will understand how much to seek in your case.
Recovery For Property Damage
The impact of a commercial vehicle can cause significant damage to personal property, most notably the victim’s vehicle. Compensation for property damage covers repair or replacement costs, ensuring that victims are not left out of pocket for expenses directly caused by the collision.
Pain, Suffering, And Emotional Distress
Not all damages from a collision are tangible. Victims often endure considerable pain and suffering, along with emotional distress. While these are more challenging to quantify, compensation for these non-economic damages plays a crucial role in the overall recovery process. It acknowledges the emotional and psychological impact of the accident on the victim and their family.
Punitive Damages In Cases Of Negligence
In situations where the collision resulted from egregious negligence on the part of the commercial vehicle operator or their employer, victims might be awarded punitive damages. These are intended not only as compensation but also as a deterrent against future negligence. Punitive damages send a clear message about the serious consequences of failing to adhere to safety regulations. An experienced LA truck accident lawyer will know how to do this well to ensure you have the best possible chance at gaining compensation.
Ensuring A Fair Settlement
The journey to securing just compensation is fraught with legal complexities. Navigating insurance claims, understanding the intricacies of commercial vehicle regulations, and negotiating settlements demand a sophisticated level of legal expertise. This is where the role of a specialized Metairie truck accident attorney becomes indispensable. They can provide the guidance and representation needed to ensure that victims receive the full spectrum of compensation they are entitled to.
Moving Forward With Confidence
If you or a loved one has been involved in a collision with a commercial vehicle, it’s essential to take immediate steps to protect your rights. Reaching out to a seasoned legal professional can make all the difference in your recovery journey. Our firm is committed to supporting victims through this challenging time, offering the expertise and empathy needed to secure the compensation you deserve. Let us help you navigate this process, allowing you to focus on what matters most: your recovery and well-being. Contact The Law Offices of Frank D’Amico, Jr. today to discuss your case and take the first step towards reclaiming your life.
Truck Accident FAQs
What Should I Do Immediately After a Truck Accident?
After a truck accident, it’s crucial to prioritize safety and seek medical attention right away, even if injuries seem minor. Additionally, gather as much information as possible at the scene, including the truck driver’s details, the trucking company, and any eyewitness accounts. Document the accident by taking photos and videos if you’re able, as this evidence can be essential in proving fault. Then, report the accident to the police and consider consulting with an attorney to understand your legal rights and next steps.
Who Can Be Held Liable in a Truck Accident?
In truck accident cases, multiple parties could bear responsibility, depending on the circumstances. The truck driver may be liable if they were negligent, but in many cases, the trucking company could also be held responsible, especially if they failed to follow safety regulations or pressured drivers to meet unrealistic schedules. Other potentially liable parties include the truck’s manufacturer if a defect was involved, or a maintenance provider if improper repairs contributed to the accident.
What Compensation Can I Receive After a Truck Accident?
Victims of truck accidents may be eligible for various types of compensation, including medical expenses, lost wages, pain and suffering, and property damage. In severe cases, compensation can also cover long-term rehabilitation costs, future medical treatments, and loss of earning capacity if injuries impact your ability to work. Louisiana’s comparative fault laws may affect the amount you receive, so it’s important to work with an attorney who can help establish and maximize your claim.
How Long Do I Have to File a Claim After a Truck Accident in Louisiana?
In Louisiana, you generally have one year from the date of the truck accident to file a personal injury claim. This one-year statute of limitations applies to most personal injury cases in the state and means that missing this deadline can bar you from recovering compensation. Given the complexity of truck accident cases, including the need for extensive investigation and evidence gathering, it’s beneficial to start the process as soon as possible to protect your rights.
How Are Truck Accidents Different from Car Accidents Legally?
Truck accidents differ from car accidents in several important legal ways. Trucks are subject to both state and federal regulations, which can add layers of complexity to an accident case. For example, federal laws govern factors such as driver hours, vehicle maintenance, and cargo loading practices. Additionally, the severity of injuries and damage from truck accidents is often higher, which typically results in larger claims and the involvement of powerful insurance companies. Working with experienced truck accident attorneys is essential to navigate these complexities and pursue fair compensation.
At The Law Offices of Frank D’Amico, Jr., we understand the challenges truck accident victims face and are committed to standing by your side every step of the way. With our experience and dedication to securing justice, we work tirelessly to protect your rights and pursue the full compensation you deserve. If you or a loved one has been involved in a truck accident in Metairie, reach out to us today for a consultation. Let us help you move forward with confidence, if you were injured in a truck accident, you may want to discuss your case with a Metairie, LA truck accident lawyer. You may be entitled to compensation. An experienced lawyer can help you go after the compensation you deserve.
Probate Glossary
If you’re looking for a Maryville, TN probate lawyer, you may already have encountered some of the legal terminology surrounding probate and estate matters. Here, we provide a glossary of some of the most commonly used terms in probate and estate planning, which can help you better understand the process of managing a loved one’s estate. Whether you’re just beginning to look into these matters or are already working with an attorney, this guide is designed to clarify essential terms.
Probate
Probate is the legal process of managing and settling a deceased person’s estate. When someone passes away, probate involves validating their will, if one exists, and overseeing the orderly distribution of their assets. In probate, a court first confirms that the will is legally valid. Then, the executor (the individual named in the will to manage the estate) is appointed to carry out the will’s instructions. This process includes inventorying the decedent’s assets, paying off any outstanding debts or taxes, and finally, distributing the remaining property to the designated beneficiaries. If any disputes arise during this time, the court may step in to help settle these issues.
Probate can sometimes be complex and time-intensive, especially if the estate includes multiple assets or properties, or if the will is contested. However, in many cases, probate is a straightforward process, particularly when a will is clear and unambiguous. Even so, probate attorneys often play a key role in ensuring that all steps are followed and that the executor understands their responsibilities.
Intestate
Intestate refers to the situation that arises when someone dies without leaving a valid will. When this happens, the person’s estate is distributed based on Tennessee’s intestacy laws, rather than according to any personal wishes the decedent may have had. These laws outline a predetermined order in which family members, such as spouses, children, or other relatives, inherit portions of the estate. Generally, a probate court will appoint an administrator to manage the distribution, as there is no designated executor in an intestate situation.
Intestacy often leads to a more complicated and lengthy process, as family members may not agree on who should inherit specific assets or how they should be divided. Because of this, having a will in place is usually recommended to provide clarity and direction, reducing potential conflicts and ensuring your wishes are met.
Executor
An executor is the person chosen by the individual who created the will (also known as the testator) to manage their estate after they pass away. The executor has several key responsibilities: they gather and manage assets, pay any outstanding debts or taxes, and ensure the remaining assets are distributed according to the will’s terms. Executors have a legal obligation, known as a fiduciary duty, to act in the best interests of the beneficiaries. This responsibility means that executors must act with honesty and diligence, putting the beneficiaries’ needs and interests first.
Serving as an executor is a serious duty, as it often involves making financial decisions, managing complex assets, and sometimes dealing with disputes among beneficiaries. Executors may also work with probate lawyers to assist with legal requirements, ensuring that all steps are accurately followed according to Tennessee state law.
Estate Plan
An estate plan is a set of legal documents and strategies outlining how an individual’s assets should be managed and transferred upon their death or in the event of incapacity. An effective estate plan typically includes a will, which dictates how assets should be distributed; one or more trusts, which may help reduce taxes or avoid probate; a power of attorney, which allows someone to make financial decisions on the individual’s behalf if they become unable to do so; and healthcare directives, which specify the person’s preferences for medical care in case of serious illness.
Creating an estate plan can help prevent family disputes, save on potential legal fees, and provide peace of mind. Estate plans can be customized to fit each person’s unique needs, whether they have specific wishes regarding family heirlooms, charitable donations, or business interests.
Will Contest
A will contest is a legal challenge to the validity of a will, usually brought by someone who believes the will does not reflect the true intentions of the deceased. This might occur if a family member feels that they were unfairly excluded from the will, or if they believe that the deceased was influenced unduly or lacked the mental capacity to make decisions at the time of drafting the document.
Common grounds for contesting a will include claims of fraud, where a person asserts that the will was created under false pretenses; undue influence, where someone may have pressured or manipulated the decedent; or lack of testamentary capacity, which questions whether the decedent was fully aware of their decisions when creating the will. Will contests are typically handled in probate court, where the court will evaluate the evidence and determine whether the will should be upheld or altered.
At Carpenter & Lewis PLLC, we work with families to make probate and estate planning as clear and straightforward as possible. If you’re looking for guidance or have questions about any part of the probate process, we’re here to help. Contact us today to set up a consultation and discuss how we can assist with your probate and estate planning needs.