Cueria Law Firm, LLC

Top-Rated New Orleans Truck Accident Attorney | Cueria Law Firm

The streets of New Orleans are no strangers to the havoc that truck accidents can wreak, often resulting in serious injuries, extensive property damage, and tragically, loss of life. 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—making the impact of such collisions especially perilous.

At Cueria Law Firm, our team of New Orleans truck accident attorneys has a history of guiding truck accident victims through the process of claiming compensation for the harm they’ve endured. We understand the toll these accidents can impose, and we’re here to help alleviate that burden. To make your case robust and ready for negotiation or court, our New Orleans personal injury attorneys meticulously collect all pertinent evidence—photos from the scene, witness accounts, official reports, and assessments from professionals.

Determining the root cause of your truck accident—be it driver error, corporate oversight, or a manufacturing defect—is pivotal in pursuing your claim. At Cueria Law Firm, LLC, we stand ready to champion your cause, aiming to secure the compensation you deserve for the challenges you’ve faced

Contact us today at (504) 525-5211 to discuss your case and plot the best path forward together.

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…”

The Complexities of Trucking Laws and Regulations in New Orleans

Trucking laws and regulations are complex due to the myriad of federal and state laws that govern the industry. In Louisiana, trucking companies must comply with regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA), as well as state-specific laws that oversee vehicle standards, driver qualifications, hours of service, maintenance requirements, and cargo restrictions. These laws are designed to ensure the safety of both the truck operators and other road users.

When a truck accident occurs, determining whether these laws and regulations were breached is essential. Violations can include overloaded trucks, insufficient truck maintenance, or drivers operating beyond the allowed hours of service, leading to fatigue. An experienced New Orleans truck accident attorney will have a deep understanding of these laws and how to investigate potential breaches that could contribute to establishing liability.

What is Liability in a Truck Accident Case?

In Louisiana, determining liability in a truck accident case often involves a thorough investigation to identify all potentially liable parties. It’s not uncommon for liability to be shared among the truck driver, trucking company, cargo loaders, or even the truck’s manufacturer if equipment failure played a role in the accident. 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 any victims for their damages.

Louisiana uses a comparative fault rule, where the court assigns a percentage of fault to each party involved in the accident. Compensation is then awarded based on the degree of fault. For example, if a victim is found to be 10% at fault for the accident, their compensation would be reduced by 10%. It is the job of a skilled truck accident attorney to minimize their client’s share of fault and maximize the share of the opposing parties to ensure fair compensation.

Statute of Limitations for Filing a Truck Accident Claim in Louisiana

Under Louisiana law, there is a strict time frame within which you can file a lawsuit seeking compensation for injuries sustained in a truck accident. The statute of limitations for personal injury claims, including those from truck accidents, is one year from the date of the accident (Louisiana Civil Code Article 3492). This means that if you do not file your claim within a year, you will likely lose your right to sue for damages.

Given the short window of time, victims of truck accidents in New Orleans must seek legal counsel as soon as possible. A knowledgeable attorney will not only help ensure that all necessary documentation and filings are completed on time but also that the process of gathering evidence and building a strong case commences without delay. Missing the deadline could result in significant financial losses, especially if the injuries sustained require long-term medical care or have caused a loss of income. At Cueria Law Firm, our attorneys can help file a case in the allotted time, upholding your rights to fair compensation and representing your best interests.

Elements of Negligence in a New Orleans Truck Accident Case

When it comes to personal injury cases, such as truck accidents, proving negligence is crucial for a successful claim. Negligence is a legal theory that requires the plaintiff (the injured party) to establish certain elements to show that the defendant (the party being sued) is liable for the damages caused by the accident.

These elements are:

Duty of Care

The first element in establishing negligence is to show that the defendant owed a duty of care to the plaintiff. In the context of a truck accident, truck drivers and trucking companies have a duty to operate their vehicles safely and responsibly to avoid causing harm to others on the road. This duty is established by traffic laws, federal and state trucking regulations, and the general expectation that drivers will act reasonably under the circumstances.

Breach of Duty

Once a duty of care is established, the plaintiff must demonstrate that the defendant breached that 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, driving while fatigued, or failing to adhere to safety regulations, such as proper vehicle maintenance or secure cargo loading.


The third element, causation, requires the plaintiff to show that the defendant’s breach of duty directly caused the accident and the plaintiff’s injuries. There are two types of causation that must be proven: actual cause (also known as “cause-in-fact”) and proximate cause (which deals with foreseeability). The plaintiff 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).


Finally, the plaintiff must prove that they suffered actual damages as a result of the accident. This element is typically satisfied by presenting evidence of physical injuries, property damage, medical expenses, lost wages, and other financial losses. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can also be considered.

To successfully claim compensation in a truck accident case, the plaintiff’s legal representation must provide sufficient evidence to establish each of these four elements of negligence. If any element cannot be proven, the negligence claim may fail, and the plaintiff may not recover damages for their injuries. Skilled personal injury attorneys will meticulously gather and present evidence, such as accident reports, witness testimonies, medical records, and expert opinions, to build a strong case for their clients.

What Should I Do After A Truck Accident?

Being involved in a truck accident can be a harrowing experience, especially in a bustling city like New Orleans. If you find yourself in such an unfortunate situation, it’s important to know the steps to take immediately following the accident to ensure your safety and to protect your legal rights. A skilled New Orleans truck accident lawyer can be instrumental throughout this process.

  • Ensure Safety: Your first priority should be to ensure your safety and the safety of others. If you are able to, move to a safe location away from traffic to avoid any further accidents.
  • Call 911: Report the accident immediately. Inform the dispatcher if there are any injuries, as they will send the necessary emergency services to your location. The police will create an accident report, which can be crucial for your claim.
  • Seek Medical Attention: Even if you don’t think you are seriously injured, it’s important to be examined by medical professionals. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent. Documentation of your injuries by a medical professional will be key evidence for your claim.
  • Gather Information: If you are able, gather as much information as possible. This includes the truck driver’s name, insurance information, trucking company name, and any witness contact details. Take photographs of the scene, including all vehicles involved, any visible injuries, and road conditions.
  • Do Not Admit Fault: Be cautious of what you say following the accident. Even an innocent apology can be misinterpreted as an admission of fault. Only discuss the accident details with the police and your attorney.
  • Contact a Truck Accident Lawyer: Before dealing with insurance companies, contact a New Orleans truck accident attorney. They can advise you on how to proceed without jeopardizing your claim.
  • Document Everything: Keep a record of all medical treatments, expenses related to the accident, and any time missed from work. This will be important when calculating damages.
  • Communicate Through Your Attorney: Let your attorney handle all communication with the truck driver’s insurance company. Insurance adjusters are skilled at getting you to say things that could harm your claim. Your attorney will protect you from these tactics.
  • Follow Through With Your Medical Treatment: It’s crucial to follow your doctor’s recommendations and attend all follow-up appointments. Discontinuing treatment can negatively impact your claim, as it suggests your injuries are not as serious as claimed.

The aftermath of a truck accident can be a confusing and overwhelming experience. Make sure you have skilled legal support on your side. Working with a knowledgeable truck accident attorney who is familiar with New Orleans law can help you focus more on your recovery and avoid further complications and pitfalls down the line.

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!”

Injuries and Compensation in Truck Accident Cases

In New Orleans, the impact of a truck accident can be far-reaching, often resulting in severe injuries that can affect every aspect of a victim’s life. Understanding the scope of these injuries, along with the compensation available, is vital for anyone involved in such a traumatic event.

Identifying the Full Scope of Truck Accident Injuries

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), spinal cord injuries, fractures, internal organ damage, and even death. It’s crucial to identify the full scope of injuries, which may require a comprehensive medical evaluation and ongoing assessments. In Louisiana, the law recognizes that victims deserve compensation not only for immediate medical costs but also for long-term care, rehabilitation, and any other medical expenses that arise due to the accident.

Calculating Damages for Physical and Emotional Injuries

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 and non-economic damages. Economic damages cover tangible losses such as medical bills, therapy costs, and any other out-of-pocket expenses. Non-economic damages are awarded for intangible losses, which include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.

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. However, because Louisiana is a comparative fault state, the amount of compensation can be reduced by the percentage of fault attributed to the injured party.

Seeking Compensation for Lost Wages and Earning Capacity

A major component of the damages sought in truck accident cases is the compensation for lost wages and lost earning capacity. If the injuries sustained in the accident prevent the victim from returning to work, either temporarily or permanently, they may be entitled to recover the wages they would have earned had the accident not occurred. This includes not just present lost wages but also future lost earnings if the victim’s ability to earn a wage in the future has been compromised.

In the case of severe injuries that lead to disability, a skilled New Orleans truck accident lawyer can enlist the help of industry experts to project the total loss of earning capacity, taking into account the victim’s age, career trajectory, skills, and the severity of the disability. These calculations are vital in ensuring that victims receive fair compensation that reflects the true impact of their injuries on their ability to support themselves and their families.

Truck accident cases in Louisiana are complex and require a careful and comprehensive approach to ensure that victims receive the full compensation they deserve. This includes a detailed assessment of all injuries and damages, as well as a strategic legal approach to counter the comparative fault rule that may reduce the compensation. An experienced truck accident attorney in New Orleans will be essential in navigating these challenges and advocating for the rights of the injured party.

Settlements and Verdicts in Truck Accident Cases

For those affected by a truck accident in New Orleans, understanding the potential outcomes of their claims is essential. The Cueria Law Firm has a long-standing history of securing substantial compensation 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. The Cueria Law Firm’s experience over the past three decades has resulted in recovering millions in settlements for its clients. When you engage with the Cueria Law Firm, you can expect a team that will thoroughly investigate your case, assess your damages, and negotiate aggressively on your behalf. Our track record demonstrates their ability to navigate the complexities of Louisiana’s comparative fault system and negotiate favorable settlements.

How Trial Verdicts Are Determined in Truck Accident Cases

If a fair settlement cannot be negotiated, the Cueria Law Firm is 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. Cueria Law Firm took the matter to court after a settlement could not be reached. 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, showing our commitment to pursuing justice and proper compensation through trial when necessary.

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 compensation helped ensure that our client’s medical expenses, pain, and suffering, and other damages were fully covered.

Maximizing Your Compensation Through Skilled Negotiation

The Cueria Law Firm’s 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.

When you choose to work with the Cueria Law Firm, you will receive personalized attention and the benefit of our extensive experience. We work on a contingency basis, meaning you pay nothing unless we recover compensation for you.

Special Considerations in New Orleans Truck Accidents

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

The Impact of New Orleans’ Unique Traffic and Roadways

New Orleans’ roadways and traffic patterns are unique and can often contribute to truck accidents. 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.

When a truck accident occurs under these circumstances, it is essential to consider the role that the specific traffic and roadway conditions may have played. An experienced New Orleans truck accident attorney will understand how these local conditions could impact liability and the calculation of damages and can work to ensure that such factors are considered during investigations and negotiations.

Dealing with Truck Accidents Involving Hazardous Materials

Truck accidents become even more complicated when the vehicle involved is transporting hazardous materials. New Orleans, being a port city with a dense network of highways, sees a significant amount of such transport. If a truck carrying hazardous materials is involved in an accident, the spillage can pose serious risks to public health and safety, and the cleanup and containment efforts can be extensive and costly.

Louisiana law requires that companies transporting hazardous materials adhere to strict safety standards. If these regulations are not followed and an accident occurs, the trucking company may be held liable for any additional harm caused by the hazardous materials. In such cases, victims may be entitled to compensation not only for their direct injuries but also 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 and regulations, which are enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover a wide range of issues, including driver qualifications, hours of service, vehicle maintenance, and cargo loading. 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.

For instance, if a truck driver was found to be 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 for the resulting damages.

A New Orleans truck accident lawyer with experience in federal trucking regulations can help navigate these complex legal waters. They have the necessary knowledge to 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 operation of the commercial vehicle.

Truck accidents in New Orleans require careful consideration of various unique local factors and strict adherence to federal and state regulations. By taking into account the city’s distinctive road conditions, the potential involvement of hazardous materials, and the role of federal trucking laws, a knowledgeable personal injury attorney can work to ensure that victims receive the justice and compensation they deserve under Louisiana law.

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!”

Getting Professional Legal Assistance from Cueria Law Firm

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

  • Investigating 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.
  • Handling Paperwork and Deadlines: Louisiana’s one-year statute of limitations for filing a personal injury claim can come up quickly. Your lawyer can oversee that all necessary paperwork is filed on time.
  • Valuing Your Claim: An experienced attorney knows how to accurately value your claim, considering your medical expenses, lost income, pain and suffering, and any other damages.
  • Negotiating With Insurance Companies: Your attorney can handle all negotiations with the insurance companies to ensure you receive a fair settlement. If a fair settlement cannot be reached, our attorneys are prepared to take the case to court.
  • Providing Legal Advice: Throughout the process, your lawyer can provide legal advice and keep you informed of your options, helping you to make the best decisions for your particular situation.
  • Advocating for You: Above all, your lawyer serves as your advocate, working tirelessly to protect your rights and interests.

Remember that each truck accident case is unique, and the steps taken may vary based on the specifics of your situation. However, having a knowledgeable truck accident attorney by your side can help guide you through the process and improve the chances of a favorable outcome.

Cueria Law Firm, LLC, has over 25 years of experience with personal injury law. Our New Orleans truck accident attorney works tirelessly to provide top-tier legal support to families affected by truck accidents and assist in helping them get back on their feet after an accident.

If you or a loved one has been injured in a truck accident, we urge you to contact us today at (504) 525-5211.

Cueria Law Firm, LLC: Your Advocate in Challenging Times

In the wake of a truck accident, navigating the legal landscape can be as daunting as the recovery process itself. Securing a knowledgeable New Orleans truck accident attorney can be the deciding factor that can spell the success of your compensation claim. At Cueria Law Firm, LLC, 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 are committed to shouldering the legal burden so that you can focus on healing. By choosing Cueria Law Firm, LLC, you gain an ally adept at dissecting the complexities of negligence in truck accident cases, ensuring the four crucial elements are meticulously addressed. Our approach to representation is thorough yet straightforward, aiming to clarify the process for our clients while tenaciously advocating for their rights.

Inviting the assistance of a seasoned attorney from Cueria Law Firm, LLC can make a significant difference in the outcome of your claim. 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 at (504) 525-5211 for a focused legal consultation that puts your interests at the forefront.

Request a Free Case Review

Table of Contents