Trucking Accident Injury Attorneys

The trucking industry has long had a bad reputation for safety. In 2020, there were 3,665 crashes involving commercial vehicles in Louisiana according to LSU’s Center for Analytics & Research in Transportation. Of these crashes, there were 88 fatal crashes and 1,260 that resulted in injury. When truckers make poor choices, such as driving too many hours, the lives of those around them are at risk. The massive weight of trucks have the potential cause serious or even fatal injuries.

If you or someone you love was injured or killed in a truck accident, it is crucial that you hire the right attorney right away. Our team at Malvin Law will fight tirelessly to get you the compensation you deserve.

Why Are Truck Accident Cases Different?

Available Evidence

The trucking companies often have technology built-in to their fleet that record data essential to your claim. Similar to the “black box” in a plane, many trucks have an “event data recorder” or EDR that records, among other things, (1) driver inputs; (2) vehicle crash signature; (3) pre and post-crash data such as speed, restraint usage, and system status. Many trucks are also equipped with dash-cams that constantly record video. Beyond the EDR and dash-cam, the trucking company will also have logs reflecting the hours driven and rests taken. After the accident, they will also submit their driver for a drug and alcohol test.

Regulation

There are federal regulations that limit the amount of time that a driver can spend behind the wheel. Drivers must limit their shifts to 14 hours. This is after spending 10 hours taken off-duty. Even during those 14 hours, drivers may only spend 11 hours operating their trucks. Modern technology even allows new trucks to ensure compliance with these rules.

These federal regulations also require all operators of commercial motor vehicles with a commercial drivers license to under drug tests. The test is designed to identify alcohol, marijuana, cocaine, opiates, amphetamines and PCP in the system. There are four potential testing scenarios: pre-employment, reasonable suspicion, random drug tests, and post-accident drug tests. All trucking employers must have a designated employer representative who is required to oversee employer compliance with the drug testing regulations.

Big rigs are also limited to a maximum payload weight of 80,000 pounds, including cargo, so the actual amount of cargo a big rig can really carry depends on the type and weight of the truck when empty. However, this may be increased depending on the number of trailer towed. For example, Louisiana law allows for a maximum weight of 88,000 pounds for vehicle combinations with tridum or quadrum axels on non-interstate highways.

Negligence

If a truck driver’s actions caused your accident, your attorney may pursue a negligence claim. To succeed in such a case, your lawyer must show that the driver, through negligent behavior, failed to act responsibly on the road, resulting in injury. Common instances of negligence encompass:

1. Lack of training or experience
2. Overloaded or oversize trucks
3. Reckless or aggressive driving
4. Distracted or sleep deprived driving
5. Failure to abide by traffic laws

Product Liability

If the driver did nothing wrong, blame may shift to the truck itself. If the truck or one of its components contributed to the accident, your attorney might opt for a product liability lawsuit. In these situations, evidence must be presented, including:

1. Identification of a defective part that rendered the truck unreasonably dangerous and that was not changed or altered since truck’s initial purchase
2. No fault on the part of the driver

Wrongful Death

Truck accidents can result in severe consequences, with some victims tragically losing their lives. In such cases, families may seek compensation by filing claims on behalf of their loved ones. For a viable wrongful death suit, the family must present compelling evidence related to negligence or product failure, mirroring the requirements for a victim who survived an accident. A Baton Rouge truck accident attorney at Malvin Law can streamline this process, collaborating with families to secure compensation and, in certain claims, punitive damages.

• Driver Fatigue – truck drivers are on a schedule and any delay can cost thousands of dollars. Because of this, drivers will often try to “push through” fatigue. However, this is extremely dangerous as extreme fatigue can result in reduced concentration and response time, impaired motor skills, and falling asleep at the wheel.
• Distracted Driving – texting and driving is even more dangerous when you command an 80,000 pound big rig. Even a small delay in reaction time can spell disaster for those vehicles unlucky enough to be nearby.
• Overweight – as noted above, both state and federal law regulate the maximum weight a truck & trailer is allowed to weigh. An overweight rig can cause catastrophic strain on the brakes and other systems. Impaired breaking leads to an increase probability of accident.
• Poor Maintenance – big rigs are expensive machines and they are costly to keep maintained. This can lead to tire blowouts, brake failures and more.
• Inadequate training – everyone has seen an advertisement to become a big rig driver. The high demand for truck drivers can result in companies rushing new drivers onto the road before they are ready. Poor training can cause new drivers to drive too fast, make steering errors, miss blind spots, or “ride the brakes”

You’ll hear many attorneys use the phrase “I don’t have a crystal ball and I can’t tell you what you’ll receive.” This is true to an extent. The value of a case is highly dependent on the facts and circumstances of that case. However, the types of damages typically awarded include:

• Past, present and future medical treatment
• Past, present and future wage loss
• Property Damage
• Pain and Suffering
• Loss of Enjoyment of Life
• Loss of Consortium
• Potentially more!

Be sure to read our article on calculating the value of your case!

As the injured party in a trucking accident, proving the liability of the at-fault party becomes a crucial responsibility for your attorney. Even if the evidence is straightforward, the party responsible—whether it’s the truck driver, truck owner, employer, or truck manufacturer—may dispute your claims for personal injury. In such cases, your Baton Rouge truck accident lawyer will diligently gather supporting evidence to unquestionably validate your stance, including:

1. Accessible camera footage
2. Interviews with witnesses
3. Police and accident reports
4. Medical reports and testimonies from doctors
5. Expert Reports and Testimony

Get Help from Malvin Law

Truck accident cases are specialized and require a skilled attorney. We will work tirelessly to collect all available evidence, identify all liable parties, and recover all that you are entitled to. Demand the experience and expertise of Malvin Law’s truck accident injury attorneys. We will demand they treat you fairly!