Can I Sue After a Tow Truck Accident in New Orleans?

Can I sue after a tow truck accident in New Orleans? In some situations, you have the right to file a lawsuit against the at-fault party for the losses you have incurred after a tow truck accident in New Orleans. Under the law, a victim of an accident can seek fair compensation for their losses from the at-fault party. 

To do so, you must demonstrate who is at fault in the accident with evidence, and you should do so with the help of a New Orleans tow truck accident lawyer.

You Can Sue After a Tow Truck Accident in New Orleans: Sue the Tow Truck Company May Be Possible

In the most common situation, it is possible for the victim to hold the tow truck company accountable for the damages they have suffered by showing that the trucking company caused the risks and damage. If you have evidence to substantiate your claim, you can file a claim for your losses against the at-fault company for:

• Damage to your vehicle.
• Injuries you or someone in your family sustained as a result of the tow truck company.
• Lost wages if you are unable to work due to the accident.
• Losses for pain and suffering, if applicable.

To seek compensation for your losses, you must demonstrate that the tow truck company was directly negligent in the accident, meaning they owed you a duty of care, failed in that duty of care, and caused the accident that led to your injuries. 

The duty of care begins with demonstrating a responsible approach to hiring a trained and skilled driver, ensuring the driver is suitable for the job, and providing the necessary equipment to hold the tow truck company accountable.

Suing the Tow Truck Driver May Be Possible

Another route to take that may coincide with or be a separate case is seeking damages from the tow truck driver if you can demonstrate that the driver directly caused the accident and your resulting injuries. This may be critical if the tow truck driver is operating as an independent contractor, meaning they are not the direct employee of the tow truck company. Some examples of when the driver may be responsible include:

• Reckless driving or unsafe driving practices that cause an accident to occur or damage to happen to your vehicle
• Intoxication of alcohol or drugs while operating the vehicle
• Fatigued drivers who are unable to stay awake and focus on the road during the process
• Failure of the driver to follow recommended best practices or training for how to tow the vehicle
• Violations of traffic laws that cause the accident

In most situations, you will file a claim for the losses you have against the at-fault party’s insurance company, and may not need to seek a lawsuit against them as a result. However, if the insurance company fails to provide a fair settlement, you can then seek a lawsuit against them with the help of a New Orleans truck accident lawyer.

Suing May Be Possible If It Is Within the Statute of Limitations

One of the factors that may limit your ability to file a lawsuit for your losses in Louisiana occurs in situations where you wait too long to take action. In Louisiana, the statute of limitations for most personal injury claims, as defined in RS 23:1209, is two years. That means that victims have just two years from the date the accident took place to seek a lawsuit against the at-fault party.

If you wait beyond this time, the insurance company will not be required to pay compensation to you, as the court will not hear your case. For this reason, it is critical to act in a timely manner if you believe you have a case against the at-fault party. Keep in mind that, most of the time, your first step will be to file a claim against the insurance company, and only seek a lawsuit if that claim is unsuccessful. You still only have two years from the date of the accident.

There are some exceptions to this rule. If you are a minor at the time of the accident and no one sought compensation on your behalf, you have two years from the date of your 18th birthday to take action to file a lawsuit. This gives you more time to sue after a tow truck accident in New Orleans.

You Can Sue If You Can Prove Negligence

Ultimately, you can sue after a tow truck accident in New Orleans if you can prove that the other party you name in the suit is negligent. To be negligent, you must show that the other party owed you a duty of care, meaning they owed you some level of expected safety. You must then show they violated that care in some way and that the violation of the duty of care caused an accident that led to your injuries. Some examples may include:

• Distracted driving that violates state laws.
• Intoxicated driving due to alcohol or drugs.
• Reckless driving, such as illegal lane changes, failing to provide the right of way, speeding, or running red lights.
• Improper use of the truck or using it outside of the recommendations set by the manufacturer.
• Manufacturer defects or failure to warn or instruct related injuries.
• Inexperienced drivers or those who are untrained behind the wheel of the tow truck.
• Other violations of the state’s laws for tow truck operation.

Demonstrating negligence allows you to seek financial compensation for the losses you have suffered. This process can take an extensive understanding of the law as well as a full investigation into the incident, the cause, and all parties involved in the case. The burden of proof falls on the shoulders of the victim, which means you have to prove they are at fault, and they do not have to prove they are innocent in the case. Talk to a New Orleans personal injury lawyer today.

Working with a Tow Truck Accident Lawyer Becomes Critical

To navigate this legal process and determine if you can sue after a tow truck accident in New Orleans, seek the help of an experienced local attorney. 

With the guidance of a New Orleans tow truck accident lawyer from Scott Vicknair Injury Lawyers, you may be able to save time and money by settling your case in your favor out of court. However, an attorney will help you prepare a robust case.