Determining Liability In Louisiana Trucking Accidents

There are millions of commercial trucks navigating the country’s roadways at any given time. While these trucks play a vital role in our state’s transportation network, their presence on the roads present unique risks and dangers. Truck drivers and the companies that employ them make mistakes, and the consequences of these mistakes can be catastrophic. 

If you or a loved one was involved in a Louisiana trucking accident, you may be entitled to financial relief. Trucking accident claims can be highly complex, however, and liability can extend beyond the driver and their employer. At LA Law Lady, Lauren Pilie draws on years of experience, an in-depth knowledge of Louisiana personal injury law, and a long record of success to provide our clients with trusted legal counsel. To learn more about how she can help, consider booking a free consultation at (504) 470-3511 today. 

What Are the Common Causes of Trucking Accidents in Louisiana?

According to the Center for Analytics and Research in Transportation Safety, over 100,000 accidents occurred in 2023. Nearly 13% of these accidents involved a commercial truck, which is any truck with a gross vehicle weight rating (which is different from the actual weight) of over 10,000 pounds or a gross combined weight rating of more than 10,000 pounds used on highways. Even the most confident drivers can feel intimidated by the presence of large commercial trucks on the roads, as the potential for serious injury is high in trucking accidents. So, what are the most common causes of trucking accidents in Louisiana?

Driver Error

Based on data from the Federal Motor Carrier Safety Administration, driver error was the critical cause of 87% of all trucking accidents. Driver error can be used to refer to several different circumstances, including: 

• Physical impairment of the driver, such as suffering a heart attack or seizure while operating a commercial truck, or even falling asleep at the wheel. Drivers who are under the influence of drugs or alcohol may also cause these types of errors.
• Distraction or failure to properly observe the situation for some reason. 
• Poor decision-making, such as driving too fast for road conditions or following other vehicles too closely.
• Inadequate performance occurs when the driver panics, exercises poor directional control, or overcompensates for a mistake. 

The root cause of driver error is multi-faceted and different in every case. In some situations, the driver was acting negligently and endangering others on the roads. Speeding, following too closely behind other drivers, or operating a commercial truck while under the influence of drugs or alcohol are common examples of negligence. 

Inexperience, on the other hand, is also a common cause of driver error. The global shortage of truck drivers that plague most markets in the Americas, Asia, and Europe is projected to double by 2028, further exasperating the issue of inexperienced drivers. With trucking companies rushing to fill positions, some drivers are not receiving the training they need to successfully perform their job functions, or were not even qualified enough to have been hired in the first place.

Vehicle Maintenance Issues

Trucking companies are responsible for taking care of their fleet. When trucks are not properly maintained, vehicle failures can happen. The Federal Motor Carrier Safety Administration reports that vehicle failure accounts for approximately 10% of all trucking accidents, largely due to issues such as:

• Brake problems
• Cargo shifting
• Steering and linkage problems
• Insufficient tire maintenance
• Faulty lights, signals, and reflectors

When poor vehicle maintenance leads to trucking accidents in Louisiana, trucking companies may be held accountable for their negligence. In some cases, trucking companies work with third-party contractors to maintain their fleets. If one of these professionals does not properly fix an issue or identify a problem that could lead to vehicle failure, they may also be held accountable for negligence.

Environmental Factors

Environmental factors also play a role in trucking accidents, resulting in 3% of all such crashes. Improper signage, poorly maintained roads, weather conditions, or malfunctioning traffic signals are all common contributing factors to these types of accidents. While these situations are rare, in some cases, government entities can be held responsible for accidents caused by poorly maintained roads or improper signage. Suing a government entity involves specific processes and limitations, however, which makes these cases much more complicated.

Who Is Liable in a Trucking Accident?

Trucking accidents can have serious consequences, often resulting in devastating injuries and major property damage due to the sheer size and weight of the vehicles involved. Establishing liability is crucial to ensuring that trucking accident victims receive the compensation they deserve following a crash. Determining who is liable in a trucking accident involves a thorough investigation of the facts as well as an acute understanding of Louisiana law relating to personal injury, employer liability, and insurance. 

Investigation of the Facts

After any trucking accident, an investigation is carried out to collect the facts and gain a better understanding of who was at fault for the crash. Several parties may investigate the accident, including: 

• Law enforcement
• Your trucking accident attorney
• The trucking company
• Insurance providers
• Experts hired by your attorney or by the trucking company

Trucking company maintenance records, interviews and depositions, the scene of the accident, and an examination of the truck may all be used during this fact-gathering phase. Additionally, if the truck involved in your accident had an event data recorder (EDR), the information from this device may prove useful during the investigation. 

Louisiana Personal Injury Laws

In Louisiana, personal injury occurs when a person gets hurt physically, emotionally, or financially due to someone else’s negligence. This area of the law covers a diverse range of situations, from vehicle accidents to malpractice, and more. When it comes to trucking accidents, it is important to understand how Louisiana personal injury laws impact fault determinations, time limitations, and the burden of proof. 

How Is Fault Determined in Louisiana Trucking Accident Claims?

Based on Civil Code Article 2323, Louisiana’s comparative fault system applies to claims for recovery of injury, death, or loss. Under this law, the amount of compensation a person can receive depends on the degree of their fault in the accident. If a person is found to be partly at fault for the accident, they can still recover some compensation for their injuries. For instance, if you were involved in an accident but were determined to be 40% at fault for the crash, you will still be able to recover 60% of your damages. 

Trucking accidents are usually complex and involve several parties, which can complicate the process of determining fault. Oftentimes, the courts are tasked with reviewing the case and carefully assigning a percentage of fault to each party. Take, for example, a trucking accident that occurred between a commercial truck, a passenger vehicle, and a third vehicle. 

Say the driver of the passenger vehicle was found to be distracted by their phone, the driver of the commercial truck was found to be speeding, and the third party had a faulty signal. Here, the judge or jury  would assign a percentage of fault to each party, which would influence the compensation they can recover following the accident.

Time Limitations

In legal terms, a state’s statute of limitations (called prescription in Louisiana) refers to the time limit set for filing a lawsuit. In Louisiana, the statute of limitations is now two years for most personal injury claims. This means that trucking accident victims have two years to sue for damages. This two-year countdown begins on the day that the injuries were sustained. 

Burden of Proof 

Winning a personal injury claim hinges on the concept of burden of proof or, as it is referred to in Louisiana, the burden of persuasion (Code of Evidence Article 302). As the plaintiff in a trucking accident claim, you and your attorney have the burden of persuasion to present evidence of your injuries. First, your attorney will establish that the defendant(s) was negligent and therefore caused your injuries. To do so, your attorney will prove that: 

• The truck driver or trucking company owed you a duty of care
• That duty of care was breached
• The breach caused injury
• You sustained damages that can be proven monetarily as a result

In the example of a common trucking accident, there is a driver who had a duty to follow the rules of the road (duty of care). Due to their speeding, use of their phone, impairment, etc., that duty of care was broken. Since they broke their duty of care, you suffered a spinal cord injury, sustained $10,000 of property damage, and lost $5,000 in income as a result. 

From the perspective of the court, the defendant does not need to prove anything in this case. Instead, they must challenge the validity of your evidence and assertions. If the defendant chooses to raise an affirmative defense, however, the burden of proof shifts to them. The same burden of persuasion standards will also apply to the defendant in these situations. 

What Type of Evidence Is Used to Meet a Burden of Persuasion?

Before pursuing compensation from an insurance provider or proceeding to court, your experienced trucking accident attorney at LA Law Lady will analyze a range of evidence to determine if your claim meets the burden of persuasion. Recall the investigation of the facts mentioned above. At this point, that investigation will become critically important. Specifically, your attorney will review:

• • Photographs and videos of the accident, your injuries, and the damage to your property. While these photographs and videos may not directly prove liability, they can help paint a more accurate picture of the accident and the severity of the damage.

• Police reports from the officer who responded to your accident. The City of New Orleans can generate a report that outlines many key details about what happened during your accident. This report may also state whether the defendant was cited for a traffic violation, which can be crucial evidence to meet the burden of persuasion. 

• Medical bills, rehabilitation, and evidence of lost wages will be necessary to prove the monetary damages of the accident. It is important to gather all relevant documentation related to your out-of-pocket expenses. Additionally, you may be able to seek general damages, if you can establish that the accident caused pain and suffering, or prevented you from enjoying your life as you did prior to the crash.

How Can an Attorney Help with Determining Liability in Louisiana Trucking Accidents?

Establishing liability in a trucking accident can be difficult on your own. Trucking companies and their insurance providers have a financial incentive to minimize their degree of fault and avoid paying you the compensation you deserve, even if they were liable for the accident. Having a passionate attorney in your corner is key to building the strongest case based on the evidence and ensuring that you are fairly compensated for your damages. 

Your attorney can ensure that the claim is initiated before the statute of limitations expires and will leverage the evidence to meet the burden of persuasion required for your case. An experienced attorney will also use their in-depth knowledge of personal injury law to identify all responsible parties and hold them accountable to the fullest extent permitted under the law. 

Contact an Experienced Louisiana Trucking Accident Attorney at LA Law Lady Today

If you or a loved one has been injured in a trucking accident, the road to recovery can be long and difficult. After a devastating trucking accident, you should not have to worry about medical bills, lost income, or ongoing rehabilitation. Your health is paramount, and it may be possible to secure compensation to recover the losses you suffered as a result of the collision. Lauren Pilie strives to make this process as smooth as possible, so you can focus on your recovery.

Until you have an experienced trucking accident attorney by your side, you may be at the mercy of the trucking company and its insurance provider. Unfortunately, these companies do not have your interests in mind when offering a settlement for your trucking accident claim. At LA Law Lady, Lauren Pilie has spent years fighting for full compensation on behalf of Louisiana trucking accident victims. To discuss your case, consider scheduling your free case review today at (504) 470-3511.