Overview of Truck Accidents
According to safertrucking.org, there were 89 people killed across the state of Louisiana in 2019 from truck crashes. Over half of all work zone crashes in the state involved a large commercial truck. Across the nation, the incidence of large truck collisions is even more alarming. According to the National Safety Council, in 2020, 4,842 large trucks were involved in fatal crashes. While large trucks only account for 4 percent of the total number of registered vehicles, they account for 9 percent of all vehicles involved in fatal crashes.
Truck accidents typically result in severe injuries to those in smaller passenger vehicles because of the size disparity between a semi-truck that weighs 80,000 lbs. fully loaded and a 3,000 lb. passenger vehicle. The injuries to those in the passenger vehicle may even be catastrophic, meaning they will cause lifetime disabilities. Traumatic brain injuries and spinal cord injuries are common truck accident injuries. These injuries can prevent the victim from ever returning to work and can require lifelong medical interventions as well as assistance for day-to-day tasks.
Why Choose a Jefferson Parish Truck Accident Attorney from New Orleans Legal?
When you choose a Jefferson Parish semi-truck accident lawyer from New Orleans Legal, you are choosing an attorney who believes deeply in helping those in need. Perhaps you are frustrated and anxious about your future following your truck accident. You may be unable to secure a fair settlement from the insurance company and may not be able to work due to your injuries. Attorney Peter Diiorio understands your despair. Peter will finance your case while doing everything in his power to obtain an equitable settlement from the insurance company.
The legal team at New Orleans Legal will help you get the medical treatments you need so you can move forward in your life. Peter Diiorio and his team never hesitate to take on a large insurance company. Every case is prepared as if it will eventually go to trial as a means of maximizing your recovery. Choosing New Orleans Legal and Jefferson Parish semi-truck accident lawyer Peter Diiorio is simply the right decision you can make following your truck accident. We understand that our clients depend on us to pursue justice on their behalf—and we never take that trust for granted.
About Jefferson Parish
Jefferson Parish, with a population of almost 441,000 in 2020, is included in the Greater New Orleans area. Jefferson Parish was named for President Thomas Jefferson of Virginia. The parish seat of Jefferson Parish is Gretna, the largest community is Metairie, and the largest incorporated city is Kenner. Jefferson Parish was originally larger than it is today, running from Felicity Street in New Orleans to the St. Charles Parish Line. As New Orleans grew, however, it absorbed the cities of Carrollton, Jefferson City, and Lafayette. Jefferson Parish cities include Gretna, Harahan, Kenner, and Westwego. The towns in Jefferson Parish include Grand Isle and Jean Lafitte. There are sixteen census-designated places in Jefferson Parish, including Metairie.
What Are the Damages That Can Be Collected Following a Truck Accident?
Following your truck accident, you are entitled to collect damages from the at-fault party’s insurance. These damages can include special damages and general damages. Special damages are those that are easy to quantify because there are corresponding monetary amounts. As an example, medical expenses are special damages. Medical expenses include ambulance costs, hospital expenses, the cost of surgeons, physicians, and specialists, prescription drug costs, and any expenses associated with rehabilitative therapies. Lost wages are also considered special damages. If your injuries prevented you from returning to work for a few days or weeks, you are entitled to lost wages. If you may not be able to return to work for months, years, or ever, you will be entitled to future lost wages as well.
General damages are not as easy to quantify because they can be very subjective. Pain and suffering damages fall under general damages and include actual physical pain as well as emotional pain. Since it is not as easy to prove physical pain and emotional damages, keep detailed records of everything you are unable to do as a result. Document exactly how your physical and emotional pain has affected your day-to-day life, including your ability to work and your enjoyment of life.
What Are the Rules and Regulations Associated with a Commercial Truck Accident in Louisiana?
The trucking industry is regulated by federal and state laws that also help determine responsibility following a truck accident. The U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) are the two primary federal regulatory agencies. Each state then has its own department of transportation that regulates intra-state commercial trucking. Drivers of large trucks must adhere to the following regulations:
- Truck drivers have a period of 14 consecutive hours in which to drive up to 11 hours total after being off duty for 10 or more consecutive hours.
- Drivers must take a break of at least 30 consecutive minutes following eight cumulative hours of driving.
- There are certain sleeper berth provisions and exceptions, short-haul exceptions, and bad weather exceptions that also apply.
Drivers are required to:
- Inspect their vehicles
- Ensure the vehicle is properly repaired and maintained
- Check the tires regularly to ensure they have sufficient tread
- Have the brakes inspected regularly to ensure operable brakes on all wheels
- Ensure the cargo does not exceed weight restrictions and limitations
- Double-check cargo to protect against shifting and falling cargo
Truck drivers, truck maintenance companies, truck loading companies, and the trucking company that owns the truck must all work together to ensure the truck is safe to be on the road. Extra rules and regulations are involved in transporting hazardous materials. The driver hauling hazardous materials must have certain documents on hand and must be placarded or marked to indicate hazardous materials.
Because there are so many different entities and people involved in transporting goods across the country, there can potentially be more than one liable party following a truck accident. The driver may be liable if the accident was the result of distracted driving, aggressive driving, or impaired driving. The trucking company could be liable if they neglected to perform a thorough background check on the driver or put an untrained driver on the road.
If shifting or falling cargo caused the accident, the loading company could be held responsible. If defective or dangerous tires or brakes caused the accident, the maintenance company could be held responsible. Finally, the company that manufactured the truck or truck parts could be held liable for defective parts that led to an accident.
How Attorney Peter Diiorio Can Help Following a Jefferson Parish Truck Accident
Attorney Peter Diiorio works tirelessly to ensure his clients receive the compensation they need and deserve following a truck accident. Since medical expenses can mount quickly for severe or catastrophic injuries and these injuries can keep you from working and making a living, Peter Diiorio is ready to help. Peter Diiorio believes in you, your family, and your future. He and his legal team will never allow the insurance company to take advantage of you and will help you get the medical treatments you need. Contact Jefferson Parish semi-truck accident lawyer Peter Diiorio today.