Illegally Parked Truck Accidents
Vehicle accidents can come out of nowhere, and can quickly derail an individual’s life with not only injuries but also financial challenges and the mental burden of negotiating with insurance companies. These burdens can often be exacerbated when the accident is with an illegally parked car or truck. Truck accidents with illegally parked vehicles can add several layers of complexity to what may already be a challenging process.
In Louisiana, negligence in truck accidents is often calculated by determining the extent of each party’s fault. As such, illegal parking and the various liable parties in truck accidents can take a relatively cut-and-dry case and make it incredibly complex. Understanding Louisiana’s traffic safety laws may help one evaluate a case and chart a course forward.
The Louisiana Law Lady may be able to provide insight and assistance in a trucking accident case. Consider scheduling a consultation today by calling or texting Lauren Pilié at (504) 470-3511.
Legal Complexities in Truck Accidents
While truck accidents may not seem any more complex than a normal vehicle accident, they often involve several complicating factors that can make determining liability difficult. Truck accidents generally involve multiple parties who could be held liable for an accident, which may lead to more complex negotiations when determining fault under Louisiana’s pure comparative negligence laws. Additionally, the size and cargo weight of trucks could lead to more severe injuries in a truck accident.
Multiple Potential At-Fault Parties
Several parties may be partially at fault in a trucking accident. Naturally, the driver of the truck may bear partial fault for the accident, but they are only one of many potentially liable entities. The trucking company that hired the driver is generally expected to conduct thorough background checks and provide training approved by the Federal Motor Carrier Safety Administration for the driver, which may implicate them in a truck accident. Additionally, the loading company and the individual in charge of the vehicle’s maintenance may bear partial responsibility.
When the truck accident involves illegally parked vehicles, these negligent parties may shift depending on which vehicle was illegally parked. If the truck was illegally parked, this may shift the responsibility more onto the truck driver. However, if another vehicle was illegally parked, other parties may be partially liable for the truck colliding with the vehicle.
Pure Comparative Negligence
Louisiana subscribes to a doctrine of pure comparative negligence, which means that partial negligence should not bar an individual from receiving compensation for damages. The amount of damages awarded, however, is inversely proportional to the degree of fault ascribed to the injured party. This means that if a claimant is found to be 20% at fault for the accident, the damages awarded will be reduced by 20%. Due to the multiple parties who may be held liable for truck accidents, determining negligence can be difficult.
An experienced trucking accident attorney like the Louisiana Law Lady may be able to help evaluate a case to help determine fault.
What Defines an Illegally Parked Vehicle?
For truck accidents with illegally parked vehicles, understanding what qualifies as illegal parking may clarify who is liable for damages. In metropolitan areas, there are often laws governing where parking is permissible and where it is not. For example, certain fire lanes may be restricted for safety purposes or private property may disallow parking without a permit or payment.
However, on the highways, Louisiana R.S. 32:141 governs the legality of parked vehicles. Louisiana law prohibits any vehicles from being parked on the traveling lanes of the highway, with few exceptions. A truck or other vehicle parked in a way that obstructs a highway may implicate fault on the part of the truck driver. In certain cases, such as an accident that either injures the driver or damages the vehicle to the extent that it cannot be moved, the vehicle is allowed to remain out of necessity or to preserve the safety of the injured driver.
Implications of Illegally Parked Vehicles
Accidents with parked vehicles generally indicate the fault of the moving vehicle, as their duty of care and responsibility on the road is to avoid collisions and actively promote safety on the road. The moving driver has a responsibility to be aware of their surroundings and to avoid parked vehicles. However, if the vehicle in question was illegally parked, the parked driver may share some of the liability for the accident due to Mississippi’s pure comparative negligence laws.
Additionally, truck accidents with illegally parked vehicles may have unique implications on a car accident claim. The multiple potentially at-fault parties could have significant implications on a vehicle accident, even if the truck was an illegally parked vehicle.
Frequently Asked Questions
Listed below are several frequently asked questions regarding truck accidents with illegally parked vehicles.
Is an Illegally Parked Truck Liable for a Trucking Accident?
Generally, the moving driver is considered to be at fault for an accident with a parked vehicle. However, an illegally parked truck may imply a certain degree of fault for the parked driver, which could influence compensation in a truck accident case.
Is it Legal to Park Trucks on the Side of the Road?
Depending on certain circumstances, it may or may not be legal for truck drivers to park on the side of the highway. In the case of equipment failure, parking alongside the highway is generally allowed due to the necessity of stopping to fix the issue and prevent further property damage or risk of injury. However, simply parking alongside the highway either to rest or for convenience may not be legal in Louisiana.
What Are Common Damages in Truck Accidents?
Truck accidents often lead to several forms of both economic and non-economic damages, such as injuries like TBIs, fractured bones, road rash, soft tissue damage, and other injuries. Trucking accidents also generally result in a significant amount of property damage, such as damage to a vehicle. Truck accidents may also cause emotional damage such as trauma, pain, and suffering due to the intense experience of the accident. Understanding what damages are available may influence a truck accident injury case.
Contact a Louisiana Truck Accident Lawyer Today
Truck accidents in Louisiana can be incredibly serious, and they grow even more complex when involving illegally parked vehicles. Sorting out who is at fault and to what degree can be intimidating and unclear, particularly when dealing with injuries or financial damages. However, the Louisiana Law Lady has many accolades. She may be able to help with your case by evaluating the situation to determine who is at fault and helping you develop a strong case for compensation. Call or text Lauren today by calling (504) 470-3511 for details.