Kenny has won MILLIONS for his clients
Truck accidents can happen at any time and place. The process of filing an insurance claim, dealing with all of the insurance companies involved, and proving fault can be confusing and overwhelming. You aren’t sure who you can trust or who you should even be speaking to.
Our professional truck accident attorneys are dedicated to helping injured clients navigate this process for them.
We know how confusing it can be to deal with insurance questions as well as a complex legal system that can make it difficult to prove fault.
That’s why our top priority is taking care of our clients throughout the entire process at every step. From filing your claim, negotiating the best possible settlement amount, or representing you in court – we have 24/7 access to your case from start to finish.
How can Kenny help?
What to do after the accident
855-GO-KENNY
We only get paid if we WIN your Case
Kenny is dedicated to helping you recover from your accident. We can help you make a claim for damages, including medical expenses, pain and suffering and lost wages.
To learn more about your rights after an accident, call us today at 855-GO-KENNY.
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FAQ About Truck Accident Cases
The recoverable damages from a truck accident case include economic and non-economic
losses:
- Current and future medical expenses
- Current and future lost wages
- Repair or replacement costs for damaged property
- Physical and emotional pain and suffering
- Loss of the ability to enjoy life
You can also claim out-of-pocket expenses, such as the cost of childcare and in-home services, if
you are unable to handle these tasks because of your injuries.
After a truck accident, call 911 to ensure anyone injured receives emergency care. If you can, you should remain on the scene, take photographic evidence of the damages, including your injuries, and give the police a statement. Avoid talking about the accident to anyone else, but request the name, contact, and employer information from the truck driver. Then speak to an attorney about your case.
The statute of limitations for a truck accident lawsuit or wrongful death lawsuit in Louisiana is one year from the date of the accident or the date of death, respectively. You can still file an insurance claim, but the sooner you file, the better your chances of securing a fair settlement.
Truck accident cases are often challenging. Liability can be complex, sometimes resulting in multiple defendants or lawsuits. You are under no obligation to represent yourself, but an attorney will protect your rights and fight for a fast and fair settlement.
Contact Kenny Habetz Injury Law today for your free consultation. You will speak directly with an experienced truck accident lawyer about the details of your case. Get the answers you need to start your healing journey now.
Commercial truck accidents can result in the most devastating financial, physical, and psychological losses. Victims deserve the opportunity to get the help they need to rebuild their lives or adjust to new ones, and a truck accident lawyer can help. Some advantages of having legal representation include:
- They represent you in all communications with the insurance agency and the defense.
- They protect your rights throughout the legal process.
- They complete all the paperwork needed to file your claim or a lawsuit.
- They have access to experts who can help support your claims regarding damages and negligence.
- They offer an objective, knowledgeable presence during an emotionally charged time.
- They understand the law and how it pertains to your case.
- They have seasoned negotiation skills, which they will use to ensure you receive a fair settlement.
- They understand the worth of your claim.
Auto accidents make up most of the personal injury cases, and tort law protects your right to recover what you lost in a truck accident caused by the other party. You do not have to face a lawsuit alone while trying to heal from your injuries. Instead, you deserve to have someone looking out for your best interests.
Do I Need a Truck Accident Lawyer?
Commercial trucks are subject to specific laws in the U.S. that protect other drivers from the dangers they could cause if not properly handled or loaded. When a truck accident occurs, the vehicle’s size alone can cause devastating damage. If you were the victim of a negligent truck driver, a truck accident lawyer could help you reach a fast and fair settlement.
Liability in Truck Accident Cases
To file a personal injury claim or lawsuit, you are responsible for proving that the defendant behaved negligently, resulting in the accident that caused your injuries. One element that makes truck accidents unique from other auto accidents is the question of liability. Determining who is at fault can be significantly more complex in a truck accident case. Under varying circumstances, the driver, trucking company, cargo loader, or a third party could all be liable, and you could face a case with multiple at-fault parties.
The Truck Driver
Because the truck driver is present at the time of the accident, they are the most apparent person to blame. However, that is not always the case. Some examples of when the truck driver is responsible include:
- An independent driver is self-employed and responsible for the truck and their own actions.
- A driver employed by a trucking company is responsible if they violate the laws of the road and company standards.
- A driver employed by a company is also responsible if they operate the truck outside the scope of their job.
A truck accident lawyer will investigate the driver’s actions during the crash and determine whether they violated industry standards or committed any traffic violations.
The Trucking Company
The trucking company has many responsibilities that directly affect the safety of a commercial truck on the road. For example, companies are responsible for regular truck maintenance, including conducting scheduled inspections to look for issues. If an investigation into the accident concludes that the cause was a mechanical malfunction missed because of a skipped assessment, the trucking company would be liable for damages. Additionally, the company is responsible for vetting and training all drivers during the onboarding process. If they hire a driver with a history of road law violations and allow them to start working without sufficient training, the company could be liable for the driver’s mistakes.
A Third-Party
Trucking companies commonly hire outside companies to handle specific tasks, such as administering inspections and completing maintenance. If the cause of the accident is a mechanical failure, the third-party company could be liable. For example, if a tire blows, causing the driver to lose control and crash, your attorney would likely investigate the third-party mechanic to see if they recorded a tire change during maintenance or skipped a scheduled inspection where they would probably notice the tire.
Under certain circumstances, a parts manufacturer could also be liable. For example, if the braking system malfunctions, causing the truck driver to crash, the company that manufactured the brakes could be liable for damages. However, if the manufacturer knew of the defect and issued a recall before the accident, the trucking company would be responsible for not replacing the brakes.
Suing a manufacturer for a defective product is complex, often challenging even for an experienced attorney. You may be up against a large corporation with substantial legal resources. You would need tenacious legal representation on your side.
The Cargo Loader
Another potentially liable party is the entity that loaded the truck trailer. The Federal Motor Carrier Safety Administration and the state of Louisiana have strict laws regarding cargo weight limitations and security, and violating those rules increases the risk of causing an accident. For example, an overloaded truck places additional strain on the wheel system and could cause the cargo to shift while the truck is in operation. The possible results include rollover accidents, inability to brake in time to avoid an accident, and fallen debris on the road. The cargo loader would be responsible if your accident involved an inadequately loaded truck.
