The front end of a truck slams into the back end of your car, and you are unsure about how to respond after the incident. Be sure to treat your accident injuries right away. Then, speak with a rear end truck accident lawyer in Hammond. If someone else may be liable for your accident and injuries, you may request compensation from them through a claim or lawsuit.
Scott Vicknair Injury Lawyers is a Louisiana personal injury law firm that always fights for the win. Our team has 121 years of combined legal experience and will use what we know to help you get compensation in your rear-end truck accident case. We encourage you to discuss your case with our truck accident lawyer in Hammond. Reach out to us today.
What to Expect If You File a Rear End Truck Accident Claim in Hammond
If you file a rear-end truck accident claim, your insurance company may investigate your trucking accident. At the same time, the insurer of the driver of the truck involved in the incident may perform an investigation. Ultimately, if the other party may be liable for your accident, their insurer may cover your losses.
Your rear end truck accident attorney in Hammond wants you to focus on caring for your injuries from your trucking collision as they communicate with insurance companies for you. They can provide frequent updates regarding your insurance claim. Ideally, you get a fair insurance settlement offer, and you can receive compensation without any further action.
At Scott Vicknair Injury Lawyers, we want to take the guesswork out of truck accident claims. Our personal injury lawyer in Hammond can handle your rear-end truck collision claim and position you to receive a reasonable insurance settlement offer. Simultaneously, we can get your case ready for trial. To learn more, request a free case review.
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(504) 500-1111Why You May Have to File a Rear-End Truck Accident Lawsuit
Unfortunately, the claims process for truck accidents can be long and arduous. Your Hammond rear end truck accident lawyer may get a settlement offer, but this proposal may cover only a fraction of your losses from your trucking collision. Or, an insurer may contest your claim to the point where you may want to give up on it altogether.
If you do not receive an insurance settlement offer that you feel is adequate, you still have the option of filing a lawsuit and going to trial. According to Louisiana Civil Code Article 3493.1, the statute of limitations for filing a personal injury lawsuit is generally two years. Based on this, you may have up to two years from the day of your rear-end truck accident to sue.
Your attorney can explain what to do after a truck accident if you want to file a personal injury lawsuit against a trucker, trucking company, vehicle manufacturer, or other parties that may be liable for your rear-end collision. Once your lawsuit is filed, your attorney can craft an argument designed to compel a judge or jury to award compensatory damages.
How Much Compensation You Could Get in Your Rear-End Truck Collision Lawsuit
One of the ways that a truck accident lawyer can help is by examining your tangible and intangible losses from your rear-end crash. Your attorney may account for your economic and non-economic damages as they develop their argument. They may advise you to seek any of the following damages in your lawsuit:
- Pain and suffering
- Car repair costs
- Medical bills
- Loss of income
- Diminished earning capacity
Your attorney may use accident scene photos, traffic camera footage of your rear-end crash, witness statements, a truck’s black box data, police reports, and other evidence to support your damages request. Their collection of proof may help your lawyer prove negligence.
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(504) 500-1111What Negligence Means in a Rear-End Truck Accident Case
Negligence can be the deciding factor in your rear-end truck accident case. If you file a lawsuit, a judge or jury may consider whether the defendant was negligent as they determine whether to award damages. The court may assess these elements of negligence as they apply to your case:
- Duty of Care: The defendant may have had a duty of care if they were legally obligated to avoid any acts that could put you in danger, such as speeding or driving a truck while distracted.
- Breach of Duty of Care: Your lawyer may argue that the defendant committed a careless or reckless act, which represents a breach of their duty of care to you.
- Causation: The defendant’s breach of duty may have contributed to your rear-end accident.
- Damages: These are the losses that you may have incurred because the defendant may have violated their duty and caused your accident.
If your attorney has a wide range of evidence to use in their argument, the defendant may be inclined to settle your case outside of court. However, your lawyer is prepared to share their argument and evidence with a judge or jury and contest any claims that the defendant makes. If the court finds that the defendant was negligent, you could recover full or partial damages.
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(504) 500-1111How Modified Comparative Fault Can Impact the Outcome of Your Rear-End Truck Crash Case
Modified comparative fault is defined by Louisiana Civil Code Article 2323. With this, if you file a lawsuit for a rear-end truck accident, the court could find you partially at fault for the incident. If this happens, you could receive partial damages or none at all based on your percentage of fault.
If you sue someone for a rear-end truck crash, and the court rules that you’re 1-50% liable, your damages can be reduced proportionally. For example, in your rear-end truck accident lawsuit, the court finds that you’re 20% liable. Due to modified comparative fault, you may get 80% of the damages that you initially sought.
On the other hand, if you file a rear-end truck accident lawsuit, and the court rules that you’re primarily at fault, you may be barred from recovering damages. This may be the case even if the defendant was 49% to blame for the accident.
Contact a Hammond Rear End Truck Accident Lawyer Today
Scott Vicknair Injury Lawyers is dedicated to helping those injured in rear-end truck accidents and their families. As part of our efforts to assist our clients, you can hire our Hammond rear end truck accident attorney on contingency.
Because of this, you don’t have to pay us unless you get compensation in your rear-end truck accident case. Contact us for more information.
