Cueria Law Firm, LLC

New Orleans Truck Accident Lawyer

Truck accidents often result in serious injuries, extensive property damage, and, tragically, loss of life. If someone else contributed to the collision, you have a right to recover damages. A truck accident lawyer in New Orleans will build an evidence-based claim for you.

Cueria Law Firm has over 35 years of experience with personal injury law. We understand the toll these crashes can impose, and we can alleviate that burden. Our New Orleans personal injury lawyers provide top-tier legal support to families affected by truck accidents. Call today for a free consultation.

Carolyn C.

“Had a Great experience. These guys are great and fast. They are on it. Y’all need to check out this law firm. Check them out u won’t be sorry but you will get a fair settlement because they are fair people. Been hurt??? Don’t wait. Call them today and let them litigate…”

New Orleans Truck Accident Attorneys Offer Full Legal Services

Your claim is more complicated than a standard auto accident claim because it deals with large trucking companies and their insurance. By consulting with an experienced truck accident attorney, you will set yourself up for the best possible outcome.

Our team will:

  • Investigate the accident: Your attorney can thoroughly investigate the accident to determine fault and liability. This includes reviewing police reports, interviewing witnesses, and consulting experts if necessary.
  • Value your claim: An experienced attorney knows how to value your personal injury claim accurately, considering your medical expenses, lost income, pain and suffering, and any other damages.
  • Negotiate with insurance companies: Your attorney handles all negotiations with the insurance companies to ensure you receive maximum settlement. If a fair settlement cannot be reached, we are prepared to take the case to court.
  • Provide legal advice: Throughout the process, your lawyer will provide legal advice and keep you informed of your options, helping you to make the best decisions for your particular situation.

Remember that each truck accident case is unique, and the steps taken may vary based on the specifics of your situation. A knowledgeable truck accident attorney will help guide you through the process.

Understanding Louisiana's Pure Comparative Negligence Rule

Unlike some states that follow a “no-fault” system, Louisiana operates under a “fault” system. This means that the party at fault is responsible for compensating victims for their damages. Louisiana uses a comparative fault rule, where the court assigns a percentage of fault to each party involved in the crash. Compensation is awarded based on the degree of fault.

For example, if you are found to be 10% at fault for the collision, your compensation would be reduced by 10%. You can recover compensation after a truck accident as long as you are not 100% at fault. After reviewing your case, our truck accident attorneys in New Orleans can explain how Louisiana’s negligence law impacts your compensation.

Elements of Negligence in a New Orleans Truck Accident Case

Negligence refers to someone’s failure to exercise reasonable care, leading to an accident and causing harm. The plaintiff (the injured party) has to establish certain elements to show that the defendant (the party being sued) is liable for the damages caused by the accident. If you can prove negligence, you may have a valid personal injury claim.

The four main elements of proving negligence after a truck collision are:

  • Duty of care: The defendant owed a duty of care to the plaintiff. Truck drivers and trucking companies have a duty to operate their vehicles safely and responsibly to avoid harming others on the road.
  • Breach of duty: A breach occurs when the defendant fails to meet the standard of care that a reasonably prudent person would have met in a similar situation. In truck accident cases, a breach might involve a truck driver engaging in unsafe driving behaviors, such as speeding.
  • Causation: We must establish that, but for the defendant’s breach of duty, the accident would not have occurred (actual cause) and that the injuries sustained were a foreseeable result of the defendant’s actions (proximate cause).
  • Damages: We will prove that you suffered actual damages as a result of the accident by presenting evidence of physical injuries, property damage, and other financial losses. Non-economic damages, such as pain and suffering, can also be considered.

To successfully claim compensation in a truck accident case, we must provide sufficient evidence to establish each of these four elements of negligence. Our team will gather and present evidence, such as accident reports, witness testimonies, medical records, and expert opinions, to build a strong case.

Compensation in Truck Accident Cases

Encounters with 18-wheelers and other sizable commercial vehicles can be particularly destructive due to their massive size and weight (up to 30 times that of a typical car). Our New Orleans catastrophic injury lawyers understand that the impact of a truck accident can be far-reaching, often resulting in severe injuries that can affect every aspect of your life.

Truck accidents can cause a wide range of injuries, from minor bruises and cuts to severe, life-changing conditions such as traumatic brain injuries (TBIs), which may require a comprehensive medical evaluation and ongoing assessments.

An experienced New Orleans traumatic brain injury lawyer from our team will handle your case so you can focus on healing.

If the injuries sustained in the accident prevent you from returning to work, you may be entitled to recover the wages you would have earned had the crash not occurred. This includes present lost wages and also future lost earnings if your ability to earn a wage in the future has been compromised.

Available damages after a truck accident in New Orleans include:

  • Medical bills
  • Future medical expenses
  • Property damage
  • Lost wages
  • Lost earning capacity
  • Pain and suffering

Calculating damages in a truck accident case involves quantifying not just the physical injuries but also the emotional and psychological trauma that can follow. In Louisiana, victims may be entitled to both economic (tangible losses) and non-economic damages (intangible losses).

Louisiana law does not cap the amount of damages that can be awarded in most personal injury cases, including truck accidents, which means that the compensation is meant to reflect the actual extent of the victim’s injuries and suffering.

Settlements and Verdicts in Truck Accident Cases

The Cueria Law Firm has a long-standing history of successful case results for truck accident victims, exemplifying the success that can be achieved through skilled legal representation.

What to Expect from a Truck Accident Settlement Process

The settlement process is often the first step towards compensation. Over the past three decades, we have recovered millions for clients.

Our track record demonstrates our ability to handle Louisiana’s comparative fault system and negotiate favorable settlements. We will review your offer and help you decide if you should settle after an 18-wheeler accident.

How Trial Verdicts Are Determined in Truck Accident Cases

If a fair settlement cannot be negotiated, we are prepared to take your case to trial. We understand that a trial verdict is determined by presenting compelling evidence and expert testimony to establish the extent of your injuries and the other party’s negligence.

For example, one of our clients, a longshoreman, was struck by a tractor-trailer. After a settlement could not be reached, we took the matter to court. We successfully demonstrated the severe impact of the neck, back, and leg injuries on our client’s ability to work and secured a verdict of $1.25 million.

We have also represented a client who suffered back, neck, and soft-tissue injuries after being rear-ended, securing $1.5 million in compensation for their losses. This amount fully covered our client’s medical expenses, pain and suffering, and other damages.

Truck Accident Attorneys in New Orleans Who Maximize Your Compensation

Our approach to maximizing compensation for truck accident victims is rooted in skilled negotiation tactics refined over decades of legal practice. We understand the nuances of personal injury law in Louisiana and are adept at valuing both the immediate and long-term effects of your injuries.

As experienced litigators, we know how to negotiate for maximum compensation. When you choose to work with us, you will receive personalized attention and benefit from our extensive experience. Our truck accident attorneys in New Orleans work on a contingency basis, meaning you pay nothing unless we recover compensation for you.

Statute of Limitations for Filing a Truck Accident Claim in Louisiana

Under HB 315, Act 423, there is a strict time frame within which you can file a lawsuit seeking compensation. The statute of limitations for personal injury claims, including those from truck accidents, is two years from the date of the accident.

This means that if you do not file your claim within two years, you will likely lose your right to sue for damages. Given the short window of time, seek legal counsel as soon as possible. A knowledgeable New Orleans truck accident lawyer can ensure that all necessary documents are filed on time.

Kevin B.

“Mr. Brent Cueria does an amazing job! He was always available for any questions or concerns that I had. There was never a moment that he wouldn’t take the time to help me out and keep me updated on the process of my case! A great attorney and an amazing guy!”

Special Considerations in New Orleans Truck Accidents

Truck accidents in Orleans Parish can be particularly complex due to the city’s unique traffic conditions, the potential involvement of hazardous materials, and federal trucking regulations. These factors can all influence the outcome of a personal injury claim in New Orleans.

The Impact of New Orleans' Unique Traffic and Roadways

The city is known for its historic streets, which can be narrow and difficult to navigate, particularly for large trucks. Additionally, seasonal weather conditions, like heavy rain or tropical storms, can create hazardous driving conditions that increase the risk of accidents. The mix of local and tourist traffic can also cause congestion and unpredictability on the roads.

An experienced New Orleans truck accident attorney understands how local conditions could impact liability and the calculation of damages. We will make sure that all relevant factors are considered during settlement negotiations.

Dealing With Truck Accidents Involving Hazardous Materials

New Orleans, a port city with a dense network of highways, sees a significant amount of hazardous materials transport.

If a truck carrying hazardous materials is involved in an accident, the spillage can pose serious risks to public health and safety. Furthermore, the cleanup and containment efforts can be costly.

Louisiana law requires companies transporting hazardous materials to adhere to strict safety standards. If an accident happened because these conditions were not followed, the trucking company may be held liable.

In such cases, victims may be entitled to additional compensation for exposure to dangerous substances and the long-term health effects that may follow.

Understanding the Role of Federal Trucking Regulations

The trucking industry is heavily regulated by federal laws, which are enforced by the Federal Motor Carrier Safety Administration (FMCSA). In the event of a truck accident in New Orleans, it’s crucial to determine whether these federal regulations were violated, as such violations can be a strong indicator of negligence.

These regulations cover a wide range of issues, including:

  • Driver qualifications
  • Hours of service
  • Vehicle maintenance
  • Cargo loading

For example, if a truck driver was operating beyond the federally mandated hours of service and fatigue played a role in the accident, the trucking company could be held liable for failing to enforce proper rest periods.

Similarly, if the truck was not maintained according to federal standards, resulting in brake failure or tire blowouts, the company could be held responsible.

A New Orleans truck accident lawyer from our team can manage your case.

We will investigate potential violations of federal regulations and build a case that accurately reflects the responsibility of the trucking company or other parties involved in the accident.

Call Our Truck Accident Lawyers in New Orleans

Navigating the legal landscape after a truck accident can be overwhelming. Securing a knowledgeable New Orleans truck accident attorney can be the deciding factor in the success of your claim. Our attorneys bring a wealth of experience to the table, honed through years of dedicated practice in Louisiana’s unique legal environment.

Our team understands that the aftermath of an accident is a time of upheaval, and we will shoulder the legal burden so that you can focus on healing. By choosing Cueria Law Firm, you gain a powerful ally.

We are ready to delve into the specifics of your case, help you navigate potential legal pitfalls, and pursue the damages you deserve. Your journey towards justice and fair compensation can start today.

Contact us today for a focused legal consultation that puts your interests at the forefront.

Melanie J.

“Mr.Brent is a very knowledge helpful lawyer! He made the process very easy and was thoughtful of my situation; He worked hard to get me the max back. I am very thankful I landed in his office. Best decision I’ve made!”

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