Gonzales Truck Accident Lawyer

Commercial vehicles include 18-wheelers and other large vehicles, and these are essential to the economy and transport of goods. However, these trucks can be involved in collisions like other vehicles. These crashes can be devastating for all individuals involved. A Gonzales truck accident lawyer can help individuals and families dealing with the painful and costly aftermath of these accidents by determining the options for filing an insurance or personal injury claim.

Were You Injured in a Truck Accident?

Contact our truck accident attorneys in Gonzales for a free case evaluation. We’re here to help secure the maximum compensation for your damages, while allowing you to focus on recovery. You don’t pay us anything unless we secure compensation for you. Schedule your free case review today!

Gonzales Truck Accident Lawyer

If you’ve been injured in a truck accident in Gonzales, Louisiana, you deserve full compensation for your injuries, property damage, and emotional distress. Handling the complexity of truck accident cases, including legal and insurance aspects, requires expertise in both state and federal trucking regulations. This is why hiring an experienced Gonzales truck accident lawyer will provide a substantial advantage in securing compensation. Our attorneys are well-versed in the unique challenges of truck accident claims, helping to ensure you receive the comprehensive legal representation required to navigate your case effectively.

We Make It Easy

After one call to us, you can sit back and focus on recovering while we handle your case and seek the money you need to move forward.

You Deserve To Be Paid

Truck accidents cause a lot of damage. You deserve to be paid for everything you lost. We will help you seek the maximum settlement amount you’re entitled to.

No Fees Unless We Win

If we don’t recover compensation for you, you won’t owe us a dime. We work on a contingency fee basis, so there are no upfront costs, ever.

How Our Gonzales Truck Accident Attorneys Can Help

Our Gonzales truck accident attorneys are dedicated to assisting you through every step of your truck accident case. Here’s a general overview of how we can help:

• Thorough Investigation: We conduct in-depth investigations to gather all necessary evidence, including trucking company records, driver logs, and accident scene analysis. This ensures a strong foundation for your case.
• Expertise in Trucking Regulations: Our attorneys have specialized knowledge of state and federal trucking laws. Understanding these regulations is fundamental for identifying violations that can strengthen your case.
• Navigating Insurance Complexities: We handle negotiations with insurance companies all the time. We know their negotiation strategies and tricks, and we know what a fair settlement amount for your case should be. We’ll help make sure your case is not undervalued or denied, if valid.
• Determining Liability: We identify all parties potentially liable for your damages, which may include the truck driver, trucking company, or even parts manufacturers. This multi-faceted approach increases the chances of a favorable outcome.
• Calculating Damages: Our team closely assesses the full extent of your damages, including medical expenses, lost wages, pain and suffering, and more to ensure you’re fully compensated.
• Litigation Support: If a fair settlement cannot be reached, we are prepared to represent you in court.
• Peace of Mind: By handling all legal aspects of your case, we allow you to focus on recovery. Knowing you have professional representation can alleviate stress during this challenging time.

In Ascension Parish, there were a total of 65 vehicle crashes involving commercial motor vehicles in 2024, and sadly, two of those were fatal crashes.

Compensation Available in Louisiana Truck Accident Injury Cases

If you’re involved in a truck accident in Louisiana, you may be eligible for several types of compensation to help you recover from your injuries and losses. Crashes involving commercial vehicles are less common than other types of accidents. Large trucks were involved in 2.81% of all suspected injury crashes in the parish that year and 3.13% of all fatal crashes. Despite being involved in fewer accidents, the damages are often much more significant.

The damages you can recover will depend on the specific damages you sustained. Here’s a breakdown:

Economic Damages

Economic damages are the costs you can calculate using bills and receipts. The most common economic damages in personal injury cases include:

• Medical Expenses: Includes hospital stays, doctor visits, physical therapy, medication, and any future medical care related to your injuries.
• Lost Wages: Money you didn’t earn because you had to miss work due to your injuries.
• Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the accident.
• Future Earnings: If your injuries prevent you from making as much money as you did before the accident.

Non-Economic Damages

Non-economic damages are intended to compensate for intangible effects on your life, which are more difficult to calculate, but no less valid. These often include:

• Pain and Suffering: For physical and emotional distress caused by the accident.
• Loss of Enjoyment of Life: If your injuries stop you from enjoying hobbies and activities you used to love.
• Emotional Distress: For significant psychological impacts, like anxiety or depression, stemming from the accident.

Punitive Damages

Punitive damages aren’t available in every case. This is because they’re meant to punish the person at fault for egregious negligence or intentional harm, in order to discourage them from repeating this behavior in the future. Punitive damages are, therefore, not meant to compensate the victim for any specific damages suffered. Your attorney will be able to determine if your unique case justifies pursuing punitive damages.

Understanding the types of compensation available to you in your truck accident case is fundamental to estimating and pursuing the maximum settlement amount. Our truck accident attorneys can guide you through this process.

Wrongful Death Claims After Truck Accidents

In all of Louisiana in 2023, commercial motor vehicles were involved in 5.35% of injury crashes, compared to being involved in 13.19% of fatal crashes. Sadly, fatalities are a common result of these crashes. The injuries in the accidents are also often severe and catastrophic, which can lead to death because of injury complications.

When someone dies in a truck accident, their surviving family members could file a wrongful death claim or a survival action. These claims are filed in place of a personal injury claim that the deceased individual can no longer file, but would have had the grounds for.

However, these claims may operate differently from a personal injury claim and may recover unique damages. Working with an attorney can help families manage these incredibly difficult cases, understand how to hold at-fault parties accountable, and recover the financial support that is needed during this time.

What Parties Can Be Held Liable in a Truck Accident?

One aspect of truck accident claims that makes them more complex is that numerous parties could be held liable for the accident. Many employees and third parties are responsible for commercial vehicles and cargo transport. The negligence of any of these parties could cause a crash, in addition to any other parties on the road. Some potentially liable parties include:

• Truck driver. A truck driver may ignore regulations for rest or drive while under the influence.
• Other drivers. Others on the road may be distracted, be under the influence, or otherwise drive unsafely.
• Truck driver’s employer. An employer may be vicariously liable for the negligence of a truck driver, or the employer may be directly liable for encouraging a driver to ignore safety and rest regulations.
• Trucking company. Trucking companies may ignore safety and maintenance regulations for vehicles, leading to breakdowns and accidents.
• Mechanics and repairmen. Poor maintenance can lead to an accident.
• Shipping or loading companies. A vehicle that is overloaded or improperly loaded can have malfunctions like brake failures, cargo spills, and overturn accidents.
• Vehicle part manufacturers. Unreasonably dangerous products in trucks can lead to malfunctions and failures that cause accidents, and product manufacturers can be held liable.

Establishing the liability of one or multiple of these parties is crucial to helping you recover compensation for your injuries and other damages.

How To Determine Liability in Truck Accidents

To establish legal liability in a Louisiana truck accident case, there are 4 key requirements:

1. Establish Duty of Care: You must establish that the defendant (e.g., truck driver, trucking company) had a legal duty to act with a certain level of care to avoid causing harm to others. In trucking cases, this includes following traffic laws, federal and state trucking regulations, etc.
2. Demonstrate Breach of Duty: You must then demonstrate that the defendant breached this duty of care through their actions or omissions. Common breaches include reckless driving, violation of trucking regulations, failure to properly maintain the vehicle, improperly loading cargo, etc.
3. Causation: You must show that there is a direct link between this breach of duty and the accident. This means proving that the accident would not have occurred if not for the defendant’s negligence.
4. Damages: The final step is to prove that your injuries and other damages were a direct result of the accident.

Determining liability in a Louisiana truck accident requires strong evidence through each of these four steps to establish liability. Our trucking accident attorneys will conduct a thorough investigation into your accident in order to collect all necessary evidence to support your claim. Here are a few ways we prepare your case.

Gather Evidence from the Scene

Collecting evidence from the accident scene is absolutely critical. This includes photos of the accident, witness statements, police reports, and any available video footage. This evidence helps to reconstruct the accident and identify contributing factors.

How to Accomplish: If you’re able, take pictures immediately after the accident, obtain contact information for witnesses, and secure a copy of the police report.

Review Trucking Company Records

Investigating the trucking company’s records can reveal violations of federal and state regulations, such as overloading, inadequate maintenance, or hours-of-service violations, which can contribute to liability.

How to Accomplish: Our attorneys can request these records through legal means, including subpoenas, during the discovery process.

Analyze the Truck Driver’s Actions

The truck driver’s actions are typically the strongest evidence. If it can be determined that the truck driver violated traffic laws, was driving distracted, or was under the influence at the time of the accident, this is usually enough evidence to find them liable for the accident.

How to Accomplish: Review the driver’s logbooks, electronic logging devices (ELD), and any available dashcam footage. Attorneys may also look into the driver’s history for past violations or incidents.

Inspect the Truck and Equipment

Mechanical failures or defects can contribute to accidents, so inspecting the truck for mechanical issues or failures is necessary. If it can be determined that the truck had a mechanical failure which contributed to your accident, the truck manufacturer, part manufacturer, or those responsible for the truck’s maintenance may be held liable. Further investigation would be required to determine exactly who is at fault.

How to Accomplish: Our firm can hire forensic experts to examine the vehicle and its components to identify any failures that could have led to the accident.

Determine Contributory Negligence

Louisiana follows a comparative fault rule, meaning that if the injured party is partly at fault, their compensation may be reduced by their percentage of fault.

How to Accomplish: Our firm will analyze all aspects of the accident to accurately assign fault percentages to all parties involved.

Consult with Experts

Accident reconstruction experts and other specialists can provide professional insights into how and why the accident occurred. Expert testimonies can be used as evidence to support your claim, or in court if your case goes to trial.

How to Accomplish: Your attorney will know which experts to contact.

What To Do After an Accident With a Big Truck (To Help Your Case)

To protect your legal rights and strengthen your case for compensation, follow these steps immediately after the accident.

1. Check for Injuries and Call 911: Your health is the top priority. Check yourself and others for injuries. Regardless of the accident’s severity, call 911 to report the incident and request medical assistance if needed. The police report will be a vital piece of evidence for your case.
2. Gather Evidence at the Scene: If it’s safe to do so, take photos and videos of the accident scene, including vehicle positions, skid marks, road conditions, and any visible damages. Take photos of traffic signs and signals as well.
3. Exchange Information: Exchange contact and insurance information with the truck driver. Also, note the truck’s license plate, the company name on the vehicle, and the driver’s license number.
4. Look for Witnesses: If there are any witnesses, get their contact information. Eyewitness accounts can significantly support your version of the events, which can be especially useful if there are any disputes about what happened.
5. Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent. Visit a doctor or an emergency room as soon as possible. Medical records serve as evidence to establish the extent of your injuries and expenses.
6. Report the Accident to Your Insurance: Inform your insurance company about the accident, but be cautious about the details you provide before speaking with a lawyer. Avoid admitting fault or making statements that could be used against you.
7. Contact a Gonzales Truck Accident Attorney: As soon as you’re able, consult with a truck accident attorney. An attorney can guide you through the legal process, deal with insurance companies on your behalf, and help ensure you receive the compensation you deserve.
8. Keep a Record: Start a journal detailing your injuries, medical visits, and how the accident affects your daily life and work. Keep all receipts and records related to the accident, including medical expenses, repair bills, and any other costs incurred because of the accident.

Common Causes of Truck Accidents

While there’s a long list of potential causes in any given trucking accident, some are far more common than others. There’s a good chance one of these factors played a role in your accident with a big truck, which would help prove that the truck driver is liable. Here are some common causes:

• Careless Motor Vehicle Operation: Engaging in reckless or inattentive driving behaviors that compromise road safety.
• Following Too Closely: Tailgating or not maintaining a safe distance from the vehicle ahead, reducing reaction times in case of sudden stops. Semi-trucks are notoriously difficult to slow down due to their weight, and commercial motor vehicle drivers are required to maintain a safe following distance.
• Failure To Yield: Not giving right of way where required, leading to collisions at intersections and other road merges.
• Driver Fatigue: Truck drivers facing pressure to meet delivery deadlines may take fewer breaks, leading to reduced alertness and coordination.
• Distracted Driving: Engaging in activities that divert attention from driving, such as using mobile phones, eating, or adjusting the radio.

Common Injuries in Truck Accidents

Accidents involving semi-trucks often lead to serious injuries due to the significant weight and impact forces between a semi-truck and a passenger vehicle. Common injuries from trucking accidents include:

• Brain, Head, and Facial Injuries: Traumatic brain injuries (TBIs) can have lasting effects on cognitive functions, along with facial injuries that may require reconstructive surgery .
• Neck and Back Injuries: These can range from whiplash to paralysis, often requiring extensive treatment and possibly leading to long-term discomfort or disability.
• Broken Bones: The severity of fractures can vary, with some requiring surgery and long-term rehabilitation.
• Burn Injuries: Accidents involving flammable cargoes can lead to severe burns, necessitating costly and painful medical treatments like skin grafts .
• Amputation: Loss of limbs can occur either during the accident or as a medical necessity afterwards, profoundly impacting the victim’s life .
• Internal Injuries: These can be particularly dangerous due to their potential to remain undetected immediately following the accident .
• Spinal Cord Injuries: These injuries can lead to varying degrees of paralysis and require lifelong care .

Frequently Asked Questions

Can you get compensation if the accident was your fault?

In Louisiana, which follows a comparative fault rule, you can still obtain compensation if an accident was partly your fault. However, any compensation you’re awarded will be reduced by the percentage of fault attributed to you. For instance, if you were found to be 30% at fault for the accident, any damage award you receive will be reduced by 30%.

How are truck accident cases different from car accident cases?

Truck accident cases are generally more complex than car accident cases due to the involvement of federal and state regulations governing the trucking industry, the potential for more severe injuries given the size and weight of commercial trucks, and often multiple parties being involved, including trucking companies, drivers, and insurance companies. These factors can make the litigation process more complex and the stakes higher.

How long do I have to file an insurance claim or lawsuit for my truck accident?

In Louisiana, you generally have 1 year from the date of the accident to file a lawsuit for personal injury or property damage ( Louisiana Civil Code Article 3492 ). This 1-year prescriptive period, known as the statute of limitations, means it’s crucial to begin the legal process as soon as possible following a truck accident. However, for accidents that have occurred since July 2024, this deadline has increased to two years.

How many hours is a truck driver legally allowed to drive with no break?

According to the Federal Motor Carrier Safety Administration (FMCSA) regulations, a truck driver is allowed to drive a maximum of 11 hours after 10 consecutive hours off duty. Also, the FMCSA mandates a 30-minute break when a driver has driven for a period of 8 cumulative hours without at least a 30-minute interruption.

What is the average settlement for a semi-truck accident?

The average settlement for a semi-truck accident can vary widely depending on the specifics of the case, including the severity of injuries, the extent of property damage, and the degree of fault. Truck accident settlements can range from thousands to millions of dollars. An attorney can give you a better estimate based on the particulars of your case.

What trucking regulations can affect my case?

Several federal and state regulations could affect your truck accident case, including hours of service regulations, maintenance and inspection requirements, load weight limits, and qualifications for drivers. Violations of these regulations by the truck driver or trucking company can be used as evidence of negligence in your case.

When should I hire a Louisiana truck accident attorney?

It’s advisable to hire a Louisiana truck accident attorney as soon as possible after the accident. An attorney can help navigate the complexities of your case, including dealing with insurance companies, investigating the accident, and ensuring compliance with all legal deadlines.

Where do I find my accident report in Gonzales, LA?

In Gonzales, LA, you can typically obtain a copy of your accident report from the local police department that responded to the accident scene. For accidents that occurred within city limits, this would likely be the Gonzales Police Department . The department is located at 415 E. Cornview Road, and its non-emergency phone number is (225) 647-7511.

You may need to provide details of the accident, such as the date, your last name, or the report number to request a copy of the report.

Speak to a Truck Accident Lawyer in Gonzales for Free

Gauthier Amedee understands the uncertainty a truck accident injury can cause. Let us help you seek justice. Our team can handle the intricacies of your case so that you don’t have to. Don’t try to navigate this complicated process alone. Speak to a qualified Gonzales truck accident attorney for free at Gauthier Amedee.