The Law Firm of Eddie Clark & Associates represents people in Louisiana who have suffered a loss as a result of an accident with a truck, and we can help you on your potentially difficult road ahead.
Trucks and tractor trailers dominate the lanes of Louisiana highways. The landscape of large carriers can be intimidating and potentially dangerous to drivers of smaller passenger vehicles. America’s most serious auto accidents are caused by these vehicles. The United States suffers approximately half a million trucking accidents per year, and one out of every eight traffic fatalities is the result of an accident with a large carrier truck.Louisiana Truck Accident Laws
Truck and auto accidents are typically governed by basic negligence laws. Louisiana is a comparative negligence state, which means that an award may be reduced if a judge or jury finds the injured party was partially responsible. This also leads to a fully responsible party attempting to shift blame to mitigate a large award. Comparative negligence can lead to an extensive evidentiary showing and the need for legal protection. It is important to consult an experienced Louisiana truck accident attorney who can protect your interests.
‘Vicarious liability’ is often the method of recovery after a carrier truck accident. Vicarious liability makes any third party that had the “right, ability or duty to control” the activities of a violator potentially liable for damages. Carrier companies may employ truck drivers on a contractor basis or full employment basis. In either situation, an employer may be liable for negligent acts or omissions by their employees in the course of employment (sometimes referred to as ‘scope of employment’). For an act to be considered within the course of employment it must either be authorized, or be so connected with an authorized act that it can be considered a mode, though an improper mode, of performing it. Our attorneys at The Law Firm of Eddie Clark & Associates can help you in the process of identifying responsible parties so you can get the justice and compensation you deserve.
Louisiana is also a direct action state. Direct action states allows an injured party to name an insurance company directly in the lawsuit. This can be a slightly more complicated legal process but can be advantageous to your award, as courts are willing to give higher awards when insurance companies are paying. Aside from insurance companies or carrier companies, the parties responsible for your injuries may also include the truck driver, a municipality, any number of intervening parties, or even the manufacturer of malfunctioning truck or car parts.Contact a Louisiana Truck Accident Attorney at the Law Firm of Eddie Clark & Associates Today
Most auto accidents in Louisiana are governed by a one-year Statute of Limitations, meaning that a case must be filed within one year of the day of the accident. If you are only just now discovering an injury or damage resulting from a past accident, you may have an opportunity to recover, but you should act quickly so you do not risk losing your right to compensation .
If you or someone you know has been hurt or suffered loss as a result of a trucking accident in Louisiana, please do not hesitate to contact The Law Firm of Eddie Clark & Associates for a free, no-obligation consultation on how we can help get you the remedy you deserve. Call us today at (318) 361-9697, or use our online contact form.