Cargo Truck Accident Lawyer in Hammond

Cargo truck accident claims can be challenging. Not only are the collisions far more severe than a typical passenger car accident, but multiple parties could potentially be at fault. A cargo truck accident lawyer in Hammond can help hold the responsible parties accountable for your injuries.

If you were injured in a collision with a cargo truck, a Hammond truck accident lawyer can help you recover fair compensation. At Scott Vicknair Injury Lawyers, we have more than 121 years of combined experience. Our legal team is committed to helping injury victims fight for their rights.

Who May Be Liable for a Cargo Truck Accident in Hammond?

Unlike most car accident cases, cargo truck accidents can potentially involve multiple liable parties. For example, while the truck driver may have acted negligently, you may need to file your claim with their employer. However, if the accident is caused by faulty brakes or a tire defect, your claim may need to be filed against the manufacturer.

Depending on the particulars of your case, the following may be at fault for your accident:

• The driver of the truck
• The trucking company
• A cargo loading company, if used
• The company that services the vehicles
• A truck manufacturer or part manufacturer
• A third-party contractor

A thorough investigation may involve reviewing driver logs, maintenance records, and other reports to determine all responsible parties. A Hammond personal injury lawyer from Scott Vicknair Injury Lawyers can send demand letters to the truck’s owners to collect black box data and other time-sensitive information before it is lost during the repairs.

Louisiana’s Modified Comparative Negligence Rule

It is possible to share fault with other parties. Louisiana now follows a modified comparative negligence system. Under Louisiana Civil Code article 2323, an injured person may recover compensation if they are found to be 50% or less responsible for the accident.

However, it is important to know that the value of your claim may be reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 10% responsible for the collision, your recovery could be reduced to $90,000.

Unfortunately, trucking companies often have significant resources available that can investigate and dispute fault. They may argue that you hold a higher percentage of fault than you do, hoping to reduce the settlement value.

Important Federal Regulations That May Affect Your Claim

Cargo trucking companies and/or drivers must comply with various safety regulations from the Federal Motor Carrier Safety Administration (FMCSA). These regulations involve:

• Cargo Securement Rules: The FMCSA has detailed requirements for how cargo must be loaded, balanced, and secured. Different types of freight require different securement methods, and violations can create dangerous conditions that lead to crashes.
• Hazardous Materials Transportation Requirements: Trucks carrying hazardous materials have to meet additional safety standards, training, labeling rules, and emergency response procedures. Hazardous materials have been known to overheat and explode after a serious accident. It’s critical that the driver know how to respond to prevent a catastrophe.
• Driver Qualification Standards: Commercial drivers must satisfy federal licensing, training, medical certification, and qualification requirements before operating cargo trucks.
• Recordkeeping and Safety Compliance Requirements: Trucking companies must maintain various records concerning driver qualifications, maintenance schedules,  inspections, and hours-of-service compliance. These records often become important evidence following a serious truck accident.
• Hours-of-Service Regulations: Commercial drivers must adhere to the set hours they can operate their vehicles before needing to rest. Fatigued driving is one of the most common contributing factors in large truck crashes. These rules are intended to reduce accidents caused by driver fatigue.
• Vehicle Inspection and Maintenance Requirements: Cargo trucks must be inspected regularly. They also need occasional repairs and other maintenance to safely share the road. Failing to get regular inspections or fix any identified issues could cause a serious accident.

When a trucking company or driver fails to uphold FMCSA regulations, it may be enough to establish negligence. An experienced Hammond cargo truck accident lawyer can obtain maintenance records, inspection reports, driver logs, electronic data, and other evidence needed to determine whether federal safety violations were violated.

Common Causes of Cargo Truck Accidents

Cargo truck accidents can be uniquely hazardous. While large truck crashes tend to produce serious or life-threatening injuries, the freight itself could pose a danger. If the cargo is a volatile chemical, it can lead to explosions or exposure. Some of the most common causes of cargo truck accidents include:

• Overloaded trucks: Federal and state laws limit how much weight a commercial truck may carry. Excessive weight places additional stress on brakes, tires, suspension systems, and steering components. Violating regulations may be key to determining fault in an overloaded truck accident in Louisiana.
• Hazardous material incidents: Some cargo trucks transport chemicals, flammable materials, industrial gases, and other dangerous substances. A cargo accident involving hazardous materials can result in fires, explosions, toxic exposure, and environmental contamination.
• Improperly secured cargo: Cargo must be loaded and secured properly. If not, materials may move during the trip, which can affect the driver’s ability to control the truck. In severe cases, shifting cargo can cause a trailer to overturn or even jackknife.
• Unbalanced cargo loads: If the cargo is not loaded properly and is off-balance, it can create dangerous driving conditions. Uneven loads may cause trailers to rollover or become unstable, especially during turns.
• Cargo spills onto the roadway: Cargo that falls from a truck can create immediate hazards on the road. Other drivers may hit the material or swerve into an occupied lane to avoid it. These often lead to multiple car pile-ups.
• Brake system failures: Brake malfunctions can prevent drivers from stopping in time to avoid a collision, particularly when hauling heavy loads.
• Tire blowouts and equipment failures: Commercial trucks travel thousands of miles each month. Worn or defective tires and poor maintenance can increase the likelihood of catastrophic failures that place everyone on the road at risk.
• Trailer coupling failures: The connection between a tractor and trailer must be properly maintained and secured. If a trailer becomes detached while traveling at highway speeds, the consequences can be devastating for nearby motorists.

Because cargo truck accidents often involve multiple contributing factors, a proper investigation is needed to determine the cause and establish fault.

Contact a Cargo Truck Accident Attorney in Hammond Today

At Scott Vicknair Injury Lawyers, our team brings more than 121 years of combined experience to every case we handle. We have recovered over $100 million in verdicts and settlements for our clients and are committed to helping injury victims throughout Louisiana.

If you were injured in a cargo truck accident caused by someone else’s negligence, contact us today for a free consultation. Our Hammond cargo truck accident attorneys can review your case, explain your options, and fight for the win on your behalf.