Louisianans depend on commercial vehicles to transport the goods on which people rely. While large trucks and other commercial vehicles play a crucial role in the economy, they increase the risks of serious injuries and deaths when they share the roads with other motor vehicles. Large trucks weigh as much as 80,000 pounds, and the weight and size differences between the trucks and passenger vehicles mean that people are much likelier to suffer catastrophic injuries when they are involved in accidents with these commercial vehicles. People who are seriously injured in commercial vehicle accidents might want to talk to an experienced commercial vehicle accident lawyer in Alexandria at Broussard & Hart.
What constitutes negligence in a commercial vehicle accident?
Most commercial vehicle accident cases involve claims of negligence. People who file lawsuits following these types of accidents will need to prove that the defendants were negligent to recover damages. To prove negligence, a plaintiff must prove the following elements:
- The defendant owed the plaintiff a duty of care.
- The defendant violated the duty that was owed to the plaintiff.
- The defendant’s violation of the duty was the direct or proximate cause of the resulting accident and injuries.
- The plaintiff suffered damages as a result.
Commercial vehicle accidents might have multiple defendants, depending on the circumstances. An experienced commercial vehicle attorney in Alexandria will carefully review what happened to identify all of the parties who contributed to the accident to hold them accountable and maximize the recovery of the victim. Some of the potentially liable parties in a commercial vehicle accident include the following:
- The driver
- The driver’s employer
- The company that owned the vehicle
- Company that was responsible for maintaining and repairing the vehicle
- Manufacturer of defective parts
- Entity responsible for maintaining the roads
- Distributor that loaded the vehicle
Identifying all of the parties that should be named as defendants can help to protect the plaintiff’s right to recover fair compensation for his or her losses.
Who can file a lawsuit?
The parties who can file a lawsuit after a commercial vehicle accident in Alexandria, Lousiana will depend on if the accident resulted in personal injuries or fatalities. In personal injury claims, the victim who was injured can file a lawsuit. If the victim was a minor at the time of the accident, his or her parents can file a lawsuit on their child’s behalf.
If the accident caused the death of the victim, Louisiana law limits the ability to file a lawsuit based on the relationship of the plaintiff to the person who was killed in order of priority. The parties who can file a wrongful death lawsuit include the following:
- Surviving spouse or children
- Surviving parents
- Surviving siblings
- Surviving grandparents
Each of these categories of relationships is in descending order. This means that someone in a lesser category may not file a lawsuit if someone in a category with a higher priority exists. For example, the surviving parents may not file a lawsuit if the spouse or children of the deceased person survive.
What damages might be available?
The damages that might be available will depend on the extent and severity of the injuries and losses. This means that the available damages will vary from case to case. Plaintiffs may be able to recover compensatory damages, which can be further divided into categories of economic and noneconomic damages. Some of the types of economic damages include the following:
- Past and future medical expenses
- Past and future income losses
- Property losses
- Funeral and burial costs in wrongful death cases
Some of the types of noneconomic damages that might be available include the following:
- Physical pain and suffering
- Emotional trauma
- Disfigurement and scarring
- Loss of consortium in wrongful death claims
Why and how you should contact an experienced attorney
Commercial vehicle accidents can be more complex than accidents involving passenger vehicles. There might be multiple defendants that should be named in a lawsuit, and the insurance companies might aggressively litigate against claims because of the high policy limits that may be involved. A commercial vehicle accident lawyer in Alexandria might anticipate the different defense strategies that the insurance company might use and build a strong case to counter them.
If you have been injured in a commercial vehicle accident in Alexandria you could be entitled to compensation for your injuries if another party was entirely, or even partially, at fault in the collision. Contact the Alexandria commercial vehicle accident attorneys at Broussard & Hart, LLC by calling 337-439-2450 to schedule your appointment today to discuss your legal options.
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Our attorneys will review your case and represent you throughout your trucking accident claim. Contact Broussard & Hart L.L.C. today for help pursuing a trucking accident settlement. Your first consultation is free and we won’t charge fees unless money is recovered.
Learn More about Trucking Accident Lawsuits
Who May Sue for Death or Injury from a Trucking Accident?
Who May Be Sued In a Trucking Accident?
Are Trucks Required by Law to Carry Insurance?
What is the Deadline for Filing a Personal Injury or Wrongful Death Case in Louisiana?
How Do I Negotiate With a Trucking Company After An Accident?