Are Truck Drivers Always at Fault in a Tractor Trailer Accident?
When it comes to tractor trailer accidents, it’s never easy to assign blame. These accidents typically involve severe damage to both the truck and the car. The people involved tend to suffer devastating injuries.
It would be really easy to blame the truck driver. They drive the bigger machine. Plus, people have a negative opinion of truck drivers in general. It’s not often you’ll see a news story about a car that caused a tractor trailer accident.
When it comes to determining fault, both parties are usually partially to blame. Very rarely is one party 100% responsible for the crash. But it’s still important to find out who is primarily responsible. That’s the only way to make sure the victim is able to recover for their injuries.
Your Baton Rouge trial lawyer has handled more than their fair share of truck accidents. They know what it takes to prove the other driver was at fault. They know what it takes to get you the compensation you deserve.
Who is Held Liable for a Truck Accident in Louisiana?
Even though truck drivers are usually always assumed to be at fault, your Baton Rouge truck accident lawyer still has to prove the other driver was at fault. In order to do this, they have to prove negligence. Just because the truck driver has their commercial driver’s license, that doesn’t make them strictly liable for your crash.
In order to prove negligence, your attorney needs to prove the following:
- The truck driver had a duty of care – This one is obvious. Truck drivers have a duty of care toward other cars on the road. They also have a duty to follow the federal guidelines.
- They breached this duty of care – If the truck driver doesn’t obey the traffic laws or the federal guidelines, they’ll be considered in breach. Examples of a breach may include:
- Driving too many hours in a day
- Drinking and driving
- Failure to service vehicle
- You were injured – You have to go to the hospital immediately following your accident. This is the only way to prove that you were injured. If you wait too long to get treatment, the defendant will claim you weren’t hurt.
- Your injuries were caused by their breach – Your Baton Rouge trial lawyer does have to prove your injuries were caused by the accident. If you wait too long to get medical treatment, the defendant will claim something other than the crash caused your injuries.
Your Baton Rouge injury lawyer is going to work hard to prove the truck driver was at fault. You can’t assume that the jury will hold the trucker responsible.
What Kinds of Damages Can You Demand in Your Truck Accident Lawsuit?
Once your lawyer proves liability, they’ll have to prove your damages. The whole point of filing your lawsuit is to get compensation for your injuries. Your attorney will demand that you be compensated for the following:
- Reimbursement of medical bills: You should be compensated for any current and future medical bills. Your lawyer will have to prove how much you’ve already paid out of pocket for your medical care. You also can submit evidence of how much medical care you’re going to need in the future.
- Lost wages: Truck accidents involve pretty serious injuries. This means you’ll miss a lot of time from work. The defendant should be liable for any lost wages you experienced.
- Permanent Disability: You may not be able to return to work after your accident. If this is the case, you’ll be entitled to permanent disability. This is equal to the difference between what you’ll receive on disability and what you would’ve made had you returned to work.
- Pain and suffering: These damages are intended to compensate you for any mental and physical anguish you’ve experienced due to the accident.
Your Baton Rouge truck accident attorney is going to demand that you be compensated for all of these things. They’ll submit evidence to prove your damages. Ideally, the insurance company will see your proof and be willing to settle your case.
Call an Experienced Truck Accident Attorney in Baton Rouge Today
If you or your loved one have been injured in a truck accident, you need to call an experienced truck accident lawyer in Baton Rouge. You can sit down with a skilled lawyer who can answer any questions you may have. They’ll also review your case and let you know what it may be worth.
Call today and schedule your free initial consultation at Babcock Trial Lawyers.