truck accident liability

The trucking industry involves many different parties, each responsible for their own part of operations – and any of them could be to blame for an accident. Recovering maximum compensation means identifying everyone who is liable and holding them accountable.

Have you been hurt in a semi-truck accident in southern Louisiana? Then contact our Lafayette truck accident lawyers today for a free consultation to learn more about how Lafayette truck accident liability could affect your case.

How Can Attorney Omar Thibeaux Help Prove Liability After a Lafayette Truck Accident?

When you’re dealing with the painful aftermath of a truck accident in Lafayette, you deserve to have a caring, hardworking, and determined lawyer on your side. 

Attorney Omar Thibeaux has more than 20 years of experience standing up for injured Louisianans, so he knows how the trucking companies and insurers will handle your claim. This insight gives him a strong hand in negotiations and an edge at trial, which has helped him secure substantial verdicts and settlements for our clients*, including:

  • $1,000,000 for an 18-wheeler accident victim
  • $750,000 for a trucking accident victim
  • $40,000 for a commercial truck accident victim

While you rest and recover, Attorney Thibeaux and his team can:

  • Investigate the accident promptly to determine its cause
  • Secure crucial evidence before it’s gone
  • Identify every liable party and available insurance coverage
  • Consult with experts to support your claim
  • Calculate how much money you’re entitled to
  • Prepare and file all possible legal claims
  • Negotiate with the liable parties for a fair settlement
  • Represent you at trial when necessary to demand full compensation

Attorney Thibeaux works on contingency, which means you only pay him if and when he wins your case. And when you do pay him, it’s less than most other lawyers charge. 

Attorney Thibeaux is “the 25% attorney” because he charges a flat 25% whether a case settles or goes to trial. This is far less than the 33 to 45% fees that most other law firms charge. We believe that if you’ve suffered the pain, you deserve the gain – and we back that up with our affordable fees.

Here’s what our former client Kip Robinson had to say about us:

“Mr. Thibeaux and his staff were very professional and courteous. From the first phone call to the final signing, I was kept in the loop about every detail of the case. Informative, prompt, fair, and accurate is how I would describe my experience with the Thibeaux Firm. Thank you, Omar and staff, for making this difficult time in our lives a peaceful experience.”

Understanding Truck Accident Liability Under Louisiana Law

Liability is a term that means someone is legally responsible for something. One of the most complex aspects of commercial vehicle accident cases is the number of parties that could be liable for injury victims’ losses. 

In most car accident claims, the other driver is generally the only at-fault party. However, liability often extends beyond just the driver in truck accident cases. A thorough investigation is required to analyze the many moving parts and determine who should be held accountable.

Who Can Be Held Liable in a Lafayette Truck Accident?

Who is liable in a truck accident depends on whose actions or inaction led to the crash. Some of the parties that could be responsible include:

  • The truck driver can be held liable when they cause collisions, such as by speeding, driving while drowsy, or making unsafe lane changes.
    • The trucking company may face liability on behalf of the driver or for its own actions, such as hiring unqualified drivers or failing to meet safety standards.
  • Maintenance providers may be at fault for a truck accident if they skipped necessary repairs or inspections, leading to safety issues like worn brake pads or bald tires.
  • Loading crews might be liable for improperly securing or loading cargo, which can shift during travel and cause the truck driver to lose control.
  • Vehicle parts manufacturers can be held accountable when mechanical failure and defective parts contribute to a truck wreck. 
  • Government entities responsible for maintaining the road might be at fault when poor conditions lead to a collision.

In many cases, multiple parties are liable for the same crash. To seek maximum compensation, a Lafayette truck accident attorney needs to identify each at-fault party and prove their liability.

When Is the Trucking Company Responsible for a Crash?

Under Louisiana law, employers are generally responsible for accidents their employees cause while on the job. If the trucking company had control over how the driver performed their work, the company may take on the driver’s responsibility for the collision.

The trucking company could also be directly liable for a truck crash due to its own actions, such as:

  • Negligently hiring a driver without checking their credentials, safety record, or history of drug use
  • Poorly training a driver who did not have a prior work history operating trucks
  • Unsafe scheduling of a driver’s route, forcing them to speed to make up time
  • Ignoring maintenance schedules, causing the trucks in their fleet to become unsafe to operate
  • Pressuring drivers to violate hours-of-service rules, leaving them dangerously fatigued from overwork

What Evidence Can Help Prove Truck Accident Liability?

You will need strong evidence to prove who is liable for your injuries and losses. Our experienced team can work to obtain that evidence, such as:

  • Police reports documenting the accident and the responding officers’ initial findings
  • Driver logs and electronic logging device (ELD) data indicating hours-of-service violations
  • Maintenance records showing infrequent repair work or unaddressed safety issues
  • Inspection reports establishing that the truck was overloaded 
  • Internal documents revealing trucking company negligence
  • Black box data from the truck’s engine control module (ECM)
  • Cell phone records suggesting the trucker was texting and driving
  • Witness statements from people who saw the crash happen
  • Photos of the accident scene
  • Videos taken from nearby traffic or security cameras
  • Accident reconstruction models created by specialist experts

How Does Comparative Fault Affect a Louisiana Truck Accident Claim?

Louisiana’s modified comparative negligence rule comes into play if you are partially at fault for the truck accident. The good news is that you may still be entitled to compensation as long as you are 50% or less to blame. However, your financial recovery will be reduced by your percentage of fault. 

For example, if a court finds you were 30% to blame for a crash that cost you $300,000, you would recover 70% of your losses – $210,000. And if you’re 51% or more to blame, you can’t recover any money at all.

This system makes establishing liability for a truck accident that much more important. If the trucking company can pin the blame on you, they can minimize what they have to pay you or even throw out your claim entirely. Our team can work to combat these attempts and protect your right to a full recovery.

Speak with a Lafayette Truck Accident Liability Lawyer Today

Hurt in an accident and wondering how commercial truck driver fault might apply to your case? Contact The Thibeaux Firm for a free case review to speak with a Lafayette truck accident lawyer. Our team is ready to listen to your story, answer your questions, and help you move forward.