A truck rollover is incredibly serious. If you’re injured in a truck rollover accident, seek legal help. Talk with a truck rollover accident lawyer in Gretna about the incident, how it happened, and who may be responsible. From here, your attorney can let you know if you have a case for suing any liable parties.
The team at Scott Vicknair Injury Lawyers fights for the win. We have 121 years of combined legal experience and will use our expertise to help you achieve the results you want in your truck rollover accident case. To find out more, speak with a Gretna truck accident lawyer from our team.
How to Proceed with a Truck Rollover Accident Claim in Gretna
Partner with a truck rollover accident attorney in Gretna within days of your trucking collision. Your lawyer may encourage you to inform your auto insurance company about the incident. At this point, the insurance claims process can get underway.
Your Gretna personal injury lawyer can negotiate a settlement with a liable party’s insurance company. At the same time, your attorney can prepare your case as if it will go to trial. That way, if a trial is necessary, your lawyer is ready to present your case to a judge or jury.
Scott Vicknair Injury Lawyers has obtained more than $100 million for our clients. In the aftermath of a truck rollover accident, we encourage you to contact us.
We can determine your eligibility for filing a claim. If warranted, we can position you to get truck rollover accident case results that match your expectations. For more information, request a free case review.
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(504) 500-1111When to File a Truck Rollover Collision Claim
According to Louisiana Civil Code Article 3493.11, the statute of limitations for most personal injury claims is two years. Because of this, you may have up to two years from the date of a truck rollover to ask for compensation from any responsible parties.
Your rollover truck accident lawyer in Gretna will advise you not to wait to submit your claim. They can provide you with FAQs and other resources regarding truck crash insurance claims and what they entail. If you’re ready to move forward with a claim against anyone at fault for a truck rollover, your lawyer can help you initiate the claims process.
Unfortunately, submitting a claim doesn’t guarantee that you’ll be compensated for your rollover accident losses. Your lawyer can keep you updated about any insurance settlement offers that are made. If you don’t receive a fair offer, your lawyer can take your case to trial.
Compensation Available to You in a Truck Rollover Accident Lawsuit
Trust your Gretna truck rollover accident lawyer to calculate your quantifiable and subjective losses from your trucking collision. In your lawsuit, your attorney wants you to recover economic and non-economic damages, including:
- Pain and suffering
- Medical bills
- Lost wages
- Diminished earning capacity
- Car repair or replacement costs
Your attorney remains accessible throughout the process for filing a truck accident lawsuit in Louisiana. They can let you know if the defendant offers a settlement. Of course, if you want to see your case through to trial, your lawyer supports your decision.
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(504) 500-1111A Look at the Role of Negligence in a Truck Rollover Crash Lawsuit
It’s difficult to prove negligence for truck accidents. Thankfully, you have access to legal help. Your truck accident attorney can teach you about negligence and how it can impact your case’s outcome.
If your lawyer brings your case to trial, they may argue that the following elements of negligence are true relative to your rollover truck accident:
The Defendant Has a Duty of Care, and They Violated This Legal Obligation.
A duty of care is a legal obligation to take measures to protect against harm. This duty can apply to a truck driver, trucking company, cargo loader, or other parties involved in your rollover accident.
During your trial, your lawyer could argue that since a duty was violated, the defendant put you in danger.
The Defendant’s Breach of Duty of Care Led to a Truck Rollover, and You Were Injured as a Result.
Someone can breach their duty of care by driving aggressively or committing other careless or reckless acts. Your lawyer wants a judge or jury to see that the defendant engaged in behaviors that most people would classify as dangerous.
They can explain to a judge or jury how the defendant’s actions contributed to your accident, and you were injured during this incident.
You Have Incurred Losses
It’s not enough to say that the defendant is responsible for a truck rollover and should cover your losses from it. As such, your attorney can share your medical bills, pay stubs, and other financial documents to highlight your accident losses to a judge or jury. This can boost your chances of getting adequate compensation for your losses.
Outside of these pieces of evidence, your lawyer may utilize a truck’s black box data, witness statements, accident scene photos, police reports, traffic camera footage of the rollover, and other evidence in their argument. If your attorney has a wealth of proof, the defendant may struggle to show that you’re in any way to blame for the accident.
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(504) 500-1111What Modified Comparative Negligence Means in a Truck Rollover Case
Louisiana has a modified comparative fault system defined by Louisiana Civil Code Article 2323. In this system, a judge or jury can award partial damages in lawsuits involving those injured in truck rollover accidents and their families if the plaintiff is found to be partially at fault.
Under modified comparative fault, your damages can be reduced by your percentage of fault if you’re 1-50% to blame for a truck rollover.
For example, you file a lawsuit after a truck rollover crash, and the court rules that the defendant is 80% liable for your losses. In this situation, you may get 80% of the damages that you initially requested.
With modified comparative fault, you can’t be primarily to blame for a rollover truck accident and still recover damages. Due to this, if you’re found to be 51% or more at fault for an accident with a truck, you may have to cover your losses from the incident.
Ask for Legal Help From Our Gretna Truck Rollover Accident Lawyer
Connect with a Gretna truck rollover accident attorney from Scott Vicknair Injury Lawyers. Our team is here for you 24/7. Plus, with us, there are no fees for our legal services unless we get you compensation. To learn more, request a free case review.
