Comprehensive Guide To Trucking Accident Lawsuits In Louisiana

While safety is a shared responsibility among all drivers, operating a commercial truck requires extra caution. Unfortunately, commercial truck drivers and trucking companies have been known to violate federal and state rules to secure quicker trips and greater profits. When trucking accidents do happen, the consequences can be particularly devastating. The resulting injuries do not just take a physical toll – they disrupt every aspect of a victim’s life.

Between substantial property damages, debilitating injuries, and complicated liability determinations, trucking accident lawsuits tend to be complex and extensive. If you have been injured in a trucking accident, you do not need to navigate the legal process alone. Lauren Pilie is an experienced Louisiana trucking accident attorney, and is here to ensure you receive the compensation you deserve. To learn more about your rights and how she can help protect your interests following a trucking accident, consider contacting Lauren Pilie at (504) 470-3511 today.

Trucking Accidents: Facts and Statistics

Commercial trucks are a commanding presence on the road. Weighing between 20 to 30 times heavier than passenger vehicles, the sheer mass of commercial trucks increases the risk of severe crashes, injuries, and fatal accidents. Where a rear-end crash between two passenger vehicles may result in a fender bender, a similar accident involving a commercial truck can have catastrophic consequences. 

How Common Are Trucking Accidents in the United States?

The Federal Motor Carrier Safety Administration publishes a recurring annual report that outlines key statistics and information regarding trucking accidents. According to the most recent data available, 5,904 trucks and buses were involved in fatal crashes, which is an 18% increase from 2020. Moreover, the number of injury-causing trucking accidents has increased to 117,000, and the number of trucks involved in property damage increased by a shocking 25%, from 322,000 to 401,000. 

Looking beyond the numbers, it can be helpful to understand how and why these accidents occur. According to the National Safety Council, more than half of all trucking accidents occur on rural roads and roughly a quarter happen on interstate highways. Interestingly, approximately 61% of accidents happen during daylight hours and about 5% occur in construction zones. 

Why Are Trucking Accidents So Common on Rural Roads?

The prevalence of trucking accidents on rural roads is due to a combination of factors. Rural roads generally have fewer safety features (such as guardrails), potential for animal encounters, unique and dangerous terrain, and more drivers experiencing fatigue. Additionally, the effects of weather and the elements cannot be discounted, as rural roads are less likely to be well-kept compared to highways and well-trafficked roadways. 

How Common Are Trucking Accidents in Louisiana?

A highly informative study from Louisiana State University highlights facts and figures surrounding trucking accidents in Louisiana. According to this analysis, 98 fatalities, 2,045 injuries, and 1,658 instances of property damage occurred as a result of trucking accidents in 2023 alone. 

Interestingly, the number of truck drivers cited for a violation in injury and property damage accidents increased from 45% to 48% (2022-2023), mostly due to operating the truck in a “careless, negligent, or erratic manner.” Speeding, racing, and driving too quickly for the road conditions were also common reasons for the citations. 

These statistics represent accidents that have injured real individuals and families across Louisiana and the United States at large. This is the foundation of our work at LA Law Lady: helping trucking accident victims fight for their rights and advocate for their interests following a crash. 

What are the Most Common Causes of Trucking Accidents?

Trucking accidents can stem from a variety of different circumstances, but some causes are more common than others. By understanding the most common causes of trucking accidents, we can reduce the number of crashes and make the roads safer for every Louisianan. 

Driver Error

Based on a study conducted by the Federal Motor Carrier Safety Administration, driver error is ten times more likely to be a cause of a trucking accident than any other factor. The study discussed four specific driver errors that accounted for more than half of the studied trucking accidents: 

• Non-performance: the driver fell asleep, or was disabled or otherwise physically impaired while driving. For example, a driver who experienced a heart attack while driving would fall under this category. Non-performance accounted for 12% of driver error cases.
• Distraction: the driver is inattentive and not focused on the road. Distraction accounted for 28% of all driver error accidents. 
• Decision: the driver was driving too fast, not accounting for road conditions, or following other vehicles too closely. Poor decision-making accounted for 38% of driver error situations.
• Performance: the driver panicked or exercised poor directional control, perhaps due to overcompensating. Performance accounted for 9% of driver error trucking accidents.

Speeding 

Despite widespread awareness of the dangers of speeding, it consistently ranks among the top contributors to trucking accidents every year. The 2022 Safer Trucking Report published by the Institute for Safer Trucking offers some harrowing insight: from 2011 to 2020, there was a 164% increase in trucking accident deaths on roads with speed limits of 75 miles per hour or more. 

Ultimately, a commercial truck weighing 80,000 pounds traveling at a speed of 75 miles per hour poses a much greater threat than a passenger vehicle going at the same speed. Thus, the damage during an accident is disproportionately severe.

Tire Wear or Equipment Failure

Tire wear is a major concern for large trucks, often caused by overuse, poor maintenance, or imbalance alignment. Likewise, the Large-Truck Crash Causation Study states that vehicle failure causes roughly a third of all two-vehicle crashes between commercial trucks and passenger vehicles. 

The most frequently cited equipment failure was degraded braking capability, which results in cargo shift or wheel failure. Steering failure, trailer attachment failure, and transmission or engine failure were also commonly cited reasons for trucking accidents. 

Inexperienced Drivers

The Federal Motor Carrier Safety Administration necessitates that truck drivers pass a background test and secure their Commercial Driver’s License before operating a large truck. While there are more trucks on the road than ever before, there is a global shortage of qualified drivers. In fact, the International Road Transport Union confirms that truck driver shortages are projected to double in the next five years. With major shortages and turnover higher than ever within large fleets, inexperienced drivers may be hired to fill these gaps.  When there are more trucks than truck drivers, trucking companies become desperate to fill the seats.

Drug or Alcohol Impairment 

Drugs and alcohol severely weaken the motor skills and judgment that a driver needs to operate a commercial truck safely. Substance use can impair perception, cognition, and other brain functions that are required for safe driving. Lawmakers understand the risks that drug and alcohol impairment among truck drivers create for others on the roads, and have enacted a range of regulations to address substance use on the job: 

• 49 CFR Part 382 establishes the Drug and Alcohol Clearinghouse, a centralized database established to oversee and manage drug and alcohol testing violations committed by drivers who hold a Commercial Driver’s License. Per this regulation, drivers must disclose any prior drug or alcohol violations to potential employers. 
• 49 CFR Part 392 prohibits commercial truck drivers from consuming or possessing alcohol while on duty or within four hours of going on duty. Violating this regulation can result in major consequences for both the driver and the employer.
• The Federal Motor Carrier Safety Administration has established .04% as the legal blood alcohol concentration level for drivers who hold a Commercial Driver’s License.

It is illegal to operate a motor vehicle while under the influence of drugs or alcohol. In addition to criminal charges, a truck driver who caused an accident while under the influence can also be held liable in a civil court. At LA Law Lady, Lauren Pilie works alongside accident victims to seek compensation for medical expenses, lost income, property damage, as well as non-economic damages that often arise such as pain and suffering.  

Understanding the Basics of Liability in Trucking Accidents

In the aftermath of a trucking accident, many victims are left wondering who will be held responsible for the crash. Liability refers to the financial responsibility one party has to pay for the other party’s accident-associated injuries. As such, liability is a critical element required to recover compensation in trucking accident claims, but how is liability actually determined?

What Is Negligence?

Negligence is defined as the failure to exercise reasonable care under the circumstances. Louisiana Civil Code Article 2315 states that every act of a person that causes damage to another obligates the person to repair it. Oftentimes, negligence plays a key role in determining liability, but proving negligence in a trucking accident claim is no easy feat. 

Specifically, victims must be able to prove that the driver:

1. Had a duty to exercise reasonable care.
2. Breached that duty through action or inaction.
3. Directly caused injury or damage to the victim.

Victims must also prove that they actually sustained injuries as a direct result of the driver or company’s negligence. This may seem straightforward, but the process of proving damages can be difficult, especially when some or all of the damages are not easily quantifiable (like pain and suffering, emotional distress, or loss of enjoyment of life).  If someone has a prior injury, it can become even harder to figure out what part of their pain is from the wreck, and what part of their pain would have persisted anyway from the prior problems.

What are Examples of Negligence in Trucking Accidents Claims?

Essentially, any time a truck driver or trucking company fails to exercise a reasonable degree of care and caution on the roads, they may be considered negligent. For instance, ignoring the rules of the road or neglecting the upkeep of a vehicle may be considered negligent. Likewise, a driver who was distracted or impaired while driving may also be considered negligent. 

Who Is Liable If You Are Involved in a Trucking Accident?

Determining who is liable after you are involved in a trucking accident can be a complex process, primarily due to the various factors at play and parties involved. In Louisiana, navigating the legal landscape requires an understanding of the driver’s role in the accident, as well as the role of the trucking company, manufacturers, and on some occasions, even third-party maintenance providers.  In some cases, even brokers or shippers can be liable. Ultimately, to weigh the relevancy and importance of these factors in your accident, it is crucial to understand how fault is determined in Louisiana.

How Is Fault Determined in a Trucking Accident?

When determining who is at fault in an accident, claims adjusters typically speak with witnesses, review police reports, and look over the accounts of the accident from all parties involved. Photographs of vehicle or property damage may become important, as well as the specific traffic laws in the state.  If it is a serious accident, the insurance company or trucking company will sometimes send a representative and a lawyer to the scene immediately.  It is not uncommon to have the insurance company’s lawyer at the scene of a wreck investigating it alongside the police.  Meanwhile, the plaintiff is in the hospital not even thinking about lawyers.  This is why it is so important to seek representation immediately.  An injured victim is behind the eight ball from day one.  

Is Louisiana a Comparative Fault State? 

States have varied approaches to how they assign fault in negligence cases. Based on Civil Code Article 2323, Louisiana is a comparative fault state. In fact, Louisiana is one of the few states in the country that utilizes a pure comparative negligence system, which means that the amount of compensation that an injured person can receive in an accident depends on the degree of their fault for the accident. This comparative fault system applies to insurance claims, lawsuits, and any other actions that a victim may take to obtain compensation after an accident.

Essentially, if a person was even partly at fault for the trucking accident, they can still recover compensation for the injuries they sustained. For instance, if a driver suddenly changes lanes without signaling and is subsequently rear-ended by a truck, the (car) driver may be found partially at fault for that accident. If the driver sustained $100,000 in injuries and damages as a result of the accident but was found to be 25% at fault for the accident, the driver would receive $75,000 in compensation. 

Trucking Accident Liability in Louisiana

The cause of a crash is often much more complicated than meets the eye. Determining who is liable after a trucking accident (and the proportion of their negligence) depends on a complex array of factors. Driver behavior, for example, is critically important when determining fault. Speeding, fatigue, distracted driving, and impairment are all issues to account for when determining trucking accident liability in Louisiana.

 

Beyond driver behavior, vehicle maintenance is another key consideration when building a case. Was there a failure in any of the truck’s systems? Was the truck properly maintained leading up to the accident? What role did the trucking company play in the accident, if any? Did the trucking company properly qualify and train the driver?  Many times, the trucking company ends up being more at fault than the truck driver themselves.  At LA Law Lady, Lauren Pilie approaches trucking accident cases comprehensively, weighing all potential factors of liability to build the strongest claim possible for a client.

What Are the Important Laws Regarding Trucking Accidents in Louisiana?

Trucking is one of the most highly regulated industries in the country. Federal regulations issued by the United States Department of Transportation govern interstate commercial trucking, and individual state regulations have been put in place to oversee trucking within the state. Some of the most important laws regarding trucking accidents in Louisiana include: 

• Hours of service: According to the Federal Motor Carrier Safety Administration, commercial truck drivers must have 10 consecutive hours off-duty before a shift. After 10 hours off duty, a driver cannot be on duty for more than 14 consecutive hours. After 8 hours of cumulative driving hours, drivers must take a 30-minute break. Additionally, drivers may not drive after 60 /70 hours on duty in 7/8 consecutive days, respectively. Hours of service used to be tracked in a paper log, and were somewhat easy to manipulate.  As of December 18, 2017, electronic logging became mandatory.  While there are still ways to falsify or misrepresent the data, it did at least become more difficult.
• Vehicle limits: The Louisiana Department of Transportation and Development sets limits on the size and weight of commercial trucks. On interstate highways, the weight limit is 20,000 pounds for a single axle, 34,000 for a tandem axle, 42,000 for a tridem axle, and 50,000 for a quadrum axle. The maximum legal weight on a tire is 650 pounds per inch width of the tire. Regarding length and width, a commercial truck cannot exceed a certain length and the maximum legal width of a truck is 102 inches, exclusive of safety devices (like mirrors). 
• Statute of limitations: Civil Code Article 3493.1 states that trucking accident victims have two years from the day that the injury or damage is sustained to file a lawsuit. It is important to note that the two-year statute of limitations begins on the day that you sustain the injury. This law applies to all incidents occurring on or after July 1, 2024, when the new statute of limitations was enacted in Louisiana.  (Before that, it was just one year, and many people lost out on making claims that they could have made!)
• Traffic laws: Commercial truck drivers are required to adhere to the same traffic laws as non-commercial drivers, including laws involving speeding, distracted driving, rights of way, and traffic signals. 

The experienced trucking accident attorney Lauren Pilie is here to build the strongest case possible for you. She thoroughly investigates the federal and state regulations that are relevant to your case, explains how these regulations impact your right to compensation, and holds negligent drivers and companies accountable for the damage caused by their recklessness. 

How Does the Claims Process Work in Louisiana?

If you have been injured in a trucking accident, it is important to understand how the claims process works in Louisiana. The following process is a general overview of the steps needed in order to seek compensation for injuries after a trucking accident (if you don’t hire the Louisiana Law Lady to do it for you):

1. Gathering evidence and information. Record the date, time, and location of the accident, and note the contact information of any witnesses. Writing down the license plate number and contact information of the truck driver can also be beneficial. If you are able to, taking pictures and/or videos of the scene of the crash and any debris on the road can help capture the key evidence required during the investigation phase. 
2. Speak with your insurance provider and report the accident. Your insurance provider will walk you through the process of filing a claim. After reporting the accident, your insurance provider will investigate the accident to determine who was at fault. At this point, all evidence and information gathered at the scene of the accident will become important. 
3. Negotiate a settlement. The goal of every insurance provider is to limit their liability in the accident. Insurance companies may attempt to state that you were liable for the accident, or that you do not require the compensation you are asking for to account for your injuries. Without a lawyer, you will have to work diligently to ensure that your rights are protected and defend yourself against the undermining tactics of self-interested insurance providers. 
4. If necessary, file a claim in court. If the insurance provider refuses to give you a fair and full settlement, you must  litigate the case in court. This includes filing a claim before the Louisiana statute of limitations expires, communicating with the other party, gathering and exchanging information, filing motions, or proceeding to trial, if necessary.

How Can an Attorney Help With Your Trucking Accident Claim?

Trucking companies and their insurance providers are there to protect their own interests. These companies often have entire legal teams at their disposal to ensure that they maintain a healthy profit margin. To safeguard their financial interests, they often push to deny claims outright or settle for as little money as possible, even if it is unfair to you, the victim. 

For this reason, it is essential to seek assistance from an experienced attorney. At Louisiana Law Lady, Lauren Pilie will advise you of your options, deal with strategic insurance companies on your behalf, and protect your interests at every step of your claim. When you are dealing with injuries and damages after a trucking accident, you should not have to also worry about protecting your legal rights. An experienced attorney can help you navigate this complex and nerve-wracking situation.

Speak with an Experienced Trucking Accident Lawyer at LA Law Lady Today

After a trucking accident, you may feel pressured into taking responsibility for the crash or accepting a lower settlement than you deserve. With years of experience navigating complex trucking accident cases, Lauren Pilie of Louisiana Law Lady knows how to fight for your rights and get every dollar you deserve under the law. To learn more, consider contacting LA Law Lady at (504) 470-3511 today.