If a truck is overloaded, it could tip over, causing an accident that results in property damage and injuries. Following such an incident, you could have grounds for a lawsuit. To find out, meet with an overloaded truck accident lawyer in Hammond. You can review your legal options with your attorney and, if warranted, proceed with legal action against any liable parties.
At Scott Vicknair Injury Lawyers, we fight for the win. Our team has 121 years of combined legal experience. Trust our truck accident lawyer in Hammond to help you with your case.
We can guide you through the process of filing a claim or lawsuit for an overloaded-truck accident. Contact us today for more information.
Why You Should File an Overloaded Truck Accident Claim in Hammond
Overloading a truck is incredibly dangerous. Following an accident involving a truck that may have been overloaded, you may have a case for pursuing compensation through an insurance claim. If your claim is successful, you may get money for your tangible and intangible accident losses.
An overloaded truck accident attorney in Hammond can explain what a claim entails. They can help you file your claim and negotiate a settlement with the liable party’s insurer. If any settlement offers are made, you can review them with your lawyer before you decide on them.
While you search for a personal injury lawyer in Hammond for your overloaded truck crash case, consider what Scott Vicknair Injury Lawyers offers.
Our team has earned thousands of positive client reviews. In addition, we work on a contingency-fee basis, and you won’t be charged anything unless we secure compensation for you. To learn more, request a free case review.
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(504) 500-1111How to Get Money Through an Overloaded Truck Collision Claim
After your accident with an overloaded truck, you can contact your auto insurance company, which can start the claims process. The insurance companies of the parties involved in your accident may investigate the incident. If someone else may be liable, their insurer could cover your accident losses.
Even if you have a viable claim for compensation, the insurance company of a liable party may contest it. The insurer may try to say that you’re partially or primarily responsible for your accident or offer a lowball settlement. In these scenarios and others, your Hammond truck accident lawyer will continue to look for ways to prove that your claim is valid.
There are times when insurance settlement negotiations are unsuccessful, and lawsuits may be necessary to recover damages for losses from overloaded-truck accidents.
Under Louisiana Civil Code Article 3493.1, you may have up to two years from the date you are injured in a truck crash to seek damages through a lawsuit.
What to Expect If You Sue Someone for an Overloaded Truck Accident
Your truck accident attorney can share FAQs and other resources on the legal process for personal injury lawsuits. They want you to care for your injuries from your overloaded truck accident as they build your case for compensatory damages.
Leading up to your trial, your lawyer may gather a truck’s electronic logging device (ELD) data, dash cam footage of your accident, witness statements, police reports, and other proof to use in their argument. On top of that, they may engage with the defendant in the hopes of settling your case outside of court.
Your lawyer can give you information about how much most truck accident settlements are in Louisiana. They may advise you to decline a settlement proposal unless you feel it is fair.
If no agreement is reached, your lawyer can present your case in court. They can argue as to how the defendant was negligent and should cover your accident losses.
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(504) 500-1111Compensation Available to You in an Overloaded Truck Crash Case
The case results of your overloaded truck crash claim or lawsuit will depend on your quantifiable and subjective losses. Your personal injury attorney can evaluate your losses from your overloaded truck accident.
Based on these, they may encourage you to seek economic and non-economic damages, such as:
- Pain and suffering
- Loss of income
- Diminished earning capacity
- Medical bills
- Car repair costs
If you lose a family member in a fatal accident involving an overloaded truck, you may be eligible to file a wrongful death claim or lawsuit. With either of these options, you may be able to recover damages for your loved one’s burial and funeral expenses and other losses that you incur due to their death.
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(504) 500-1111Who Can Be Held Responsible for an Overloaded Truck Accident
The party at fault for your overloaded-truck accident will vary depending on the circumstances of the incident. Your lawyer may review video footage of your accident, interview witnesses, and take other measures to investigate. They may find that any of these parties may be liable:
- Truck driver
- Trucking company
- Cargo loader
There are instances when multiple parties are involved in an accident with an overloaded truck. In these instances, personal injury lawyers may commit time and resources to investigate. Once any liable parties are identified, these attorneys may craft arguments centered on negligence.
How to Prove Negligence in an Overloaded Truck Collision Case
Truck accident attorneys want to show that a party committed a careless or reckless act, which may have played a role in your collision. As such, they may gather evidence from a wide range of sources to support their argument that a party was negligent.
If your lawyer brings your case to court, they may highlight to a judge or jury how the defendant breached their duty of care to you. Since this duty was violated, the defendant’s actions may have contributed to your accident involving an overloaded truck.
Per Louisiana Civil Code Article 2323, you may be subject to modified comparative fault if you sue someone for an overloaded truck accident. With this, if the court rules that you’re 1-50% liable for the accident, your damages can be reduced by your percentage of fault. Or, if you’re primarily to blame, you may not be able to recover damages.
Let Our Hammond Overloaded Truck Accident Lawyer Help You with Your Overloaded Truck Accident Case
Allow a Hammond overloaded truck accident attorney from Scott Vicknair Injury Lawyers to handle your case. We are committed to helping you recover compensation for your losses from an overloaded-truck accident. Contact us today.
