If you have been involved in a significant accident with a truck, it is essential to reach out to a New Orleans truck accident lawyer right after you have sought medical attention. It is time to get legal help.
At Scott Vicknair Injury Lawyers, we understand that you deserve care and support after a truck accident. Your New Orleans personal injury lawyer is here to help you secure the financial assistance you need following a serious collision.
Do not hesitate to contact Scott Vicknair Injury Lawyers. We have successfully recovered over $100 million for our clients and will fight for the win, working tirelessly to ensure you receive the justice you deserve. Contact us today for a complimentary consultation and discover how we can help with your truck accident case.
Evidence That Strengthens Truck Accident Claims
Solid evidence is the foundation of a strong truck accident claim. Insurance companies rarely hand out fair compensation unless you give them a clear, detailed reason to take your case seriously.
That is why we move quickly to collect and protect every piece of information that supports your side of the story.
What We Will Investigate
The first step is understanding what happened and why. That starts with reviewing the crash report and expands into collecting driver logs, dashcam footage, maintenance records, and black box data from the truck.
Your New Orleans truck accident attorney wants to know how long the driver had been behind the wheel, when the vehicle was last inspected, and whether anything about the truck’s operation suggests a safety violation. These are the types of details that often make or break a claim.
How We Preserve Evidence Before It Disappears
The window to collect critical evidence can close quickly. Trucking companies often try to clean up the damage, repair vehicles, or dispose of records that might help your case.
That is why we send spoliation letters right away. These formal notices put the company on legal notice to preserve all relevant evidence, including black box data and internal reports.
Injured on Someone Else’s Property?
Know Your RightsOur expert premises liability lawyers will help you hold negligent property owners accountable.
Get a Free Case Evaluation
504-500-1111Louisiana Trucking Laws That May Affect Your Case
Truck drivers and companies are required to follow strict federal rules from the Federal Motor Carrier Safety Administration. These regulations cover hours of service, rest breaks, inspection procedures, and how much cargo a truck can safely carry.
Louisiana does not have its own requirements for driver training, vehicle maintenance, and road safety; instead, it enforces federal trucking regulations at the state level.
Your New Orleans truck accident lawyer at our firm has handled many cases involving driver fatigue. In these instances, the driver went too long without a break or failed to check blind spots, the truck was not properly inspected, or the brakes failed due to poor maintenance.
These types of violations are often at the center of serious injury claims. Your New Orleans car accident lawyer will know how to look for these issues and build a case that shows what should have been done to keep you safe. When drivers or companies cut corners, they put real people in harm’s way. That is where we step in.
Immediate Steps to Take After a Truck Accident in New Orleans
If you are reading this, your accident likely happened some time ago. If it was recent, please contact emergency services immediately. While truck collisions may seem vastly different, they should be handled similarly to car accidents in the immediate moments after. Key steps include:
- Pull over to a safe place, if possible.
- Report the accident to the police.
- Exchange insurance information.
- Gather photos, notes, and witness testimonies.
- Contact emergency services for a medical evaluation even if you do not feel injured immediately after the crash.
If you missed the opportunity to document everything, consider consulting a New Orleans cargo truck accident lawyer. A skilled New Orleans truck accident attorney from Scott Vicknair Injury Lawyers can investigate your crash and help fill in any gaps.
Harmed by a Dangerous Defective Product?
We’re Here for YouOur experienced product liability attorneys will fight to secure the compensation you deserve for your injuries.
Schedule a Free Consultation
504-500-1111Understanding Truck Insurance Policies
Just like regular car crashes, truck drivers are required to have insurance. However, the type of insurance can vary. Independent truck operators typically have their own policies, while commercial trucks that are part of a corporate fleet are usually covered by the company’s insurance policy.
Dealing with insurance companies can be a challenging experience. They often delay payments or offer less than what you need. A skilled attorney can fight on your behalf, ensuring you get timely and adequate compensation. This is where our impressive case results speak for themselves.
Slip and Fall Accident?
Get the Legal Support You NeedOur dedicated slip and fall attorneys will help you navigate the legal process and claim the compensation you deserve.
Speak to a Lawyer Today
504-500-1111Establishing Liability and How Vicarious Liability Applies
Knowing who caused the crash is only part of the equation. The bigger question is who can be held legally and financially responsible for what happened to you. That answer determines who pays, how much you can recover, and how your case moves forward.
Direct Liability for Negligence
Many truck accidents start with a preventable mistake. Speeding, tailgating, distracted driving, and ignoring traffic signals are all examples of negligent behavior while driving.
Some crashes occur because the truck was overloaded or the cargo was not properly secured. Others involve equipment failures that could have been avoided with regular maintenance.
In these cases, police reports can help document early evidence and point investigators in the right direction. They might note who was at the scene, what witnesses said, or whether citations were issued.
But those reports are just the beginning. A full investigation will look deeper into what went wrong and who had a duty to prevent it. Your New Orleans truck accident attorney will ensure nothing is missed.
Vicarious Liability for Employers and Trucking Companies
Trucking companies are often held responsible for the actions of their drivers while they are on the job. This is called vicarious liability. If a driver causes a crash while working, the employer may be held accountable for the damage.
This includes hiring unqualified drivers, missing required maintenance schedules, skipping safety training, or ignoring red flags in a driver’s record.
The Process for Filing a Truck Accident Claim or Lawsuit
Most truck accident cases start with an insurance claim, but not all of them stay there. Some move into court when the insurance company refuses to offer a fair settlement. Knowing how these processes work can help you feel more confident about what comes next.
Filing With the Insurance Company
Once we have all the documentation in place, we submit the claim directly to the insurance company. That includes your medical records, accident reports, photos, and any other proof that supports your case.
From there, we handle communication with the adjuster so you do not have to. We know how to keep the conversation focused on what matters and how to push back if they try to shift blame or downplay your injuries.
When and Why We File a Lawsuit
If the insurance company refuses to offer fair compensation, filing a lawsuit may be the next step. This does not always mean the case goes to trial. It simply means we are presenting the matter to the court so that a judge can oversee the process.
Once the lawsuit is filed, both sides begin exchanging information. This includes written questions, document requests, and depositions where people involved in the case are interviewed under oath.
How Much Time You Have to File a Truck Accident Claim in Louisiana
Louisiana law now gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is outlined in Louisiana Code of Civil Procedure Art. 1424.1 under Louisiana Senate Bill SLS-24RS-557. If your claim is not filed in time, you may lose the chance to recover compensation, no matter how strong your case might be.
This is why it is essential to initiate the process while the evidence is still fresh and the window is still open. This two–year rule is shorter than in many other states, and it can catch people off guard. If you are focused on healing or unsure whether you even have a case, it can be easy to wait.
Once the deadline passes, the court is not likely to give you a second chance. Our team can step in early to protect your rights, preserve critical details, and keep your case on track.
You do not need to rush, but you should not wait too long either. Your truck accident lawyer in New Orleans is here when you are ready.
Types of Compensation Available for Truck Accident Victims
If you were seriously hurt in a truck accident, your losses likely go far beyond the emergency room. A strong personal injury claim should account for both the financial and emotional impact of what you have been through.
Our job is to ensure that your compensation reflects every aspect of your experience, not just the parts an insurance company is willing to acknowledge.
Economic Damages You May Be Entitled To
Economic damages cover the direct financial costs of the crash. That includes your medical bills, out-of-pocket expenses, and vehicle repairs. It also includes your lost wages if you had to miss work or are no longer able to do the job you once had.
If your injuries require ongoing medical care, we will also consider your future medical needs. This can include physical therapy, follow-up appointments, and any necessary medical equipment you may require on a long-term basis.
Non-Economic and Punitive Damages
Non-economic damages focus on the parts of your experience that are harder to measure but just as real. This includes mental anguish, anxiety, depression, and the way your life has changed since the crash.
Pain that keeps you from sleeping, emotional stress that affects your relationships, or a loss of enjoyment in daily life are all examples of non-economic harm.
If you are working with a New Orleans catastrophic injury lawyer, these damages are often a significant part of the case. Punitive damages are different from other types of compensation. These are only awarded when the person or company responsible acted with extreme carelessness or reckless disregard for your safety.
In Louisiana, the bar for punitive damages is high, but they may apply in certain truck crash cases if the driver was under the influence or knowingly violated safety rules as outlined in Louisiana Civil Code Article 2315.4. If we believe your case qualifies, we will walk you through what that means and how it can affect your overall recovery.
Testimonials Help Show What We Are About
Clients often tell us they felt like family from the first phone call. One shared that we “fight for every penny” and never settle for less than what someone deserves.
That kind of feedback means a lot because it reflects what we do each day. When you are going through something difficult, having a truck accident attorney in New Orleans who shows up and keeps you in the loop can make a difference.
Former clients discuss how we communicate clearly, return calls promptly, and stay focused on the details that matter. They appreciate that we are not just working through a checklist.
We are building a case with a real purpose. That is how we approach every claim, every injury, and every family we serve. When we say We Fight For The Win, we mean it, and we mean it for you.
Filing a Wrongful Death Claim After a Fatal Crash
If a loved one has died in an accident involving a commercial vehicle, you may be eligible to file a wrongful death claim under Louisiana Civil Code Article 2315.2. However, only certain individuals can file, and there is a specific order of priority.
The priority for filing starts with the decedent’s spouse, followed by their children, parents, and siblings. Unfortunately, friends and unmarried partners face significant challenges in pursuing a wrongful death claim in Louisiana.
If you have lost a loved one in a fatal truck crash caused by a truck driver, it is important to understand your rights. A wrongful death claim can offer financial support during this difficult time.
Contact an experienced New Orleans wrongful death lawyer with Scott Vicknair Injury Lawyers to discuss your options and take the necessary steps.
Contact Our Truck Accident Attorney in New Orleans Today
If you or a loved one has been injured in a truck accident, it is essential to have an experienced truck accident lawyer in New Orleans on your side. At Scott Vicknair Injury Lawyers, We Fight For The Win to secure financial compensation for your medical expenses, lost income, pain and suffering, and more.
Truck accident claims involving commercial vehicles can be challenging, and taking prompt legal action is important. Our experienced team is ready to help you build a strong case and hold the responsible parties accountable.
Call our office today to schedule a free case evaluation and discuss your options for legal action. We know truck injury crashes. Let our distinguished law firm fight for your rights and secure the justice you deserve.
