Despite what you may think, shared fault is common in crashes – even in commercial truck accidents. I’ve represented countless clients who were found partially at fault for their accident due to factors like speeding, improper lane changes, or other minor traffic violations. Despite this, I’ve been able to help them secure significant settlements by focusing on the unique aspects of commercial cases.
For example, trucking companies and drivers must follow strict state and federal regulations. By demonstrating violations such as inadequate driver training, failure to maintain the truck, or exceeding legal driving hours, I’ve successfully highlighted the greater negligence on their part.
This underscores why it’s critical to work with an attorney experienced in commercial truck accidents. Even if you share some fault, strategic representation can help you pursue the compensation you deserve.
Keep reading to learn more about:
- How comparative fault laws work in Louisiana semi-truck accident claims.
- How partial fault affects the compensation you may recover from a personal injury claim.
- How an attorney can help you achieve the outcome you need, even if you share some responsibility for the accident.
Can I File A Personal Injury Claim If I Was Partially Responsible For A Commercial Vehicle Accident?
Under Louisiana’s comparative negligence laws, you can still recover compensation for a truck accident even if you share some responsibility for what happened.
If multiple parties are found at fault, you may be entitled to compensation based on each party’s percentage of fault. This means that even if you are partially responsible, you can file a claim and seek damages for the portion of the accident that was not your fault.
What Does Louisiana’s Comparative Negligence Law Mean For Truck Accident Victims In Louisiana?
In Louisiana, the comparative negligence theory applies to truck accident victims as it does to a victim of any other car accident.
Comparative negligence means that your damages will be reduced proportionately if you are found partially at fault for the accident. For instance, you can recover up to 75% of what you are entitled to if you are found to be 25% at fault for the accident.
Attorney Adam Whitley is a seasoned lawyer based in New Orleans, LA, who has helped countless clients just like you navigate the intricacies of their commercial truck accident claims. With 10 years of experience, Adam is prepared to assist you with your claims so that you can receive the compensation that you deserve.
Still have questions? Ready to get started? Contact Whitley-Sebti Law today to schedule a free initial consultation.
How Is Fault Determined In Louisiana Commercial Truck Accident Injury Claims?
Commercial truck accident cases involve unique factors, partly because Louisiana has strict rules for commercial driver’s licenses. Determining fault often means looking at whether the truck driver or the trucking company acted carelessly.
For drivers, this can include issues like distracted driving or breaking traffic laws. For trucking companies, negligence might involve poor vehicle maintenance or pushing drivers to work too many hours. When either the driver or the company fails to follow state or federal safety rules, they can be held responsible for the accident.
What Percentage Of Fault Is Too High To Recover Compensation In A Louisiana Accident?
Theoretically, there is no percentage of fault that is too high to recover damages, but the compensation you receive will be distributed proportionately to your percentage of comparative negligence.
Even if you are found 99% at fault for an accident, you are still able to recover compensation. However, you would only be able to recover 1% of the damages from the party that was found to be 1% at fault.
What Evidence Can Help Prove The Other Driver’s Negligence In A NOLA Semi Truck Accident?
The evidence used in truck accident cases is often similar to what’s needed to prove negligence in other types of accidents. Common evidence includes police reports, crash documentation, witness statements, photographs of vehicle damage, and dash cam footage.
In truck accident cases, however, driver logs can also play a key role. These records help determine if the driver complied with state and federal regulations and properly maintained the vehicle.
Should You Hire a Semi-Truck Accident Injury Attorney If You Think You Share Fault For Your Accident?
Yes, hiring a personal injury attorney is crucial, even if you believe you share some fault for the accident. Your percentage of fault will be determined during the legal process, and an attorney can guide you through this. They will help with filing your claims, gathering and presenting evidence, and working with experts to build a strong case.
Having an attorney on your side ensures you are in the best position to protect your rights and pursue the compensation you deserve.
Still Have Questions? Ready To Get Started?
If you need more assistance with Filing A Commercial Truck Accident Claim In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 370-2777 today.
Attorney Adam Whitley is a seasoned lawyer based in New Orleans, LA, who has helped countless clients just like you navigate the intricacies of their commercial truck accident claims. With 10 years of experience, Adam is prepared to assist you with your claims so that you can receive the compensation that you deserve.
Still have questions? Ready to get started? Contact Whitley-Sebti Law today to schedule a free initial consultation.
