Filing a Truck Accident Claim in New Orleans

The legal process that follows a truck accident in New Orleans isn’t always straightforward either. That’s why injured individuals need to understand how to properly file a truck accident claim and why working with a knowledgeable New Orleans truck accident attorney is critical.

The Morgan Law Group has represented countless injury victims across Louisiana. If you or someone you care about was hurt in a truck accident, there are steps you can take to protect your legal rights and pursue full financial recovery.

Understanding Truck Accidents in New Orleans

Compared to regular car crashes, truck accidents tend to cause more significant harm due to the sheer size and weight of the vehicles involved. In most cases, the person injured is the driver or passenger of the smaller vehicle. Injuries can include spinal cord damage, traumatic brain injury, broken bones, or permanent disability.

It’s also not uncommon for multiple parties to be involved in a truck accident case, which can make legal proceedings more complicated.

Step 1: Prioritize Your Safety and Seek Medical Attention

Immediately after a truck accident in New Orleans, health and safety should come first. If you’re able, call 911 and wait for emergency services. Law enforcement will create an official accident report, which will be a key document later on when filing your truck accident claim.

Even if you believe your injuries are minor, seek a medical evaluation. Some injuries don’t present symptoms right away but can worsen over time. Medical records will also serve as vital proof of your injuries in a future claim.

Step 2: Report the Accident and Document Everything

You are legally required to report an accident that results in injury, death, or significant property damage. In New Orleans, the police report will usually come from the New Orleans Police Department (NOPD).

In addition to the official report, you should collect:

• Photos of the crash scene, vehicles, and any visible injuries
• Witness names and contact information
• The truck driver’s license, insurance, and employer information
• Any dashcam footage or surveillance video, if available

This documentation will help support your truck accident case by showing what happened, how it happened, and who was responsible.

Step 3: Notify Your Insurance Company 

You must notify your own insurance company about the crash in a timely manner, usually within a few days. However, avoid giving detailed statements or signing anything without first speaking to a truck accident lawyer in New Orleans. 

Insurance companies often try to minimize payouts, even when it’s your own insurer. Be especially cautious if you’re contacted by the trucking company’s insurance adjuster – they’re not on your side.

Step 4: Hire a New Orleans Truck Accident Attorney

The legal aftermath of a truck accident isn’t something to tackle alone. Trucking companies and their insurers are often backed by powerful legal teams who will look for any opportunity to shift blame, reduce liability, or pressure you into settling quickly for less than your case is worth.

Working with a seasoned truck accident attorney ensures you’re not outmatched. A lawyer can help by:

• Investigating the crash and gathering additional evidence
• Identifying all liable parties (not just the truck driver)
• Calculating the full value of your damages
• Handling all communications and negotiations with insurance companies
• Filing the necessary legal paperwork correctly and on time

Keep in mind that Louisiana has a statute of limitations for injury claims. Generally, you have one year from the date of the crash to file your truck accident claim. Waiting too long could mean losing your right to recover compensation.

Who Is the Liable Party in Your Truck Accident Case?

One of the unique aspects of a truck accident case is that more than one party may be at fault. 

Depending on the circumstances, your claim may involve:

• Truck Driver – for speeding, distracted driving, fatigue, DUI, or negligent behavior.
• Trucking Company – for hiring unqualified drivers, failing to maintain vehicles, or encouraging unsafe schedules.
• Vehicle or Parts Manufacturer – if faulty brakes, tires, or other components contributed to the crash.
• Cargo Loaders – for improper loading or failing to secure cargo, which can cause rollovers or jackknifing.
• Third-Party Contractors – if another service provider played a role in the accident.

A knowledgeable truck accident lawyer in New Orleans will conduct a thorough investigation to determine who should be held financially responsible.

Truck Accident Damages You May Be Able to Recover

A well-prepared truck accident claim should account for both the immediate and long-term consequences of the crash. 

Truck accident compensation may include:

• Medical Expenses (past and future)
• Lost Wages and Diminished Earning Capacity
• Pain and Suffering
• Property Damage
• Rehabilitation or Long-Term Care
• Wrongful Death Benefits (if a loved one was killed)

The value of a truck accident case can be substantial, especially when permanent injury or loss of life is involved. Having a lawyer who can properly assess your damages and advocate for your best interests is essential.

How Truck Accident Claims Differ from Car Accidents

While both types of collisions involve negligence and injury, truck accident claims differ from typical car accident claims in several ways:

• Stricter Regulations: Commercial trucking is regulated by both Louisiana state law and federal rules set by the Federal Motor Carrier Safety Administration (FMCSA), including hours-of-service rules and maintenance standards.
• Higher Insurance Policy Limits: Because trucks can cause extensive damage, carriers are often insured for larger amounts, which makes insurers more aggressive in defending claims.
• Preservation of Evidence: Commercial vehicles are equipped with black box data, GPS logs, and maintenance records that must be preserved immediately after the crash.
• Corporate Defenses: You may be up against a corporation with legal resources and its own internal investigation team.

These differences make it even more critical to work with an injury attorney for trucking collisions, not just car crashes.

What Happens if You Were Partially at Fault?

Louisiana follows a comparative fault rule, meaning your compensation can be reduced by your percentage of fault. 

For example, if you’re awarded $100,000 but found to be 20% responsible for the accident, your recovery would be reduced to $80,000.

That said, don’t assume you’re to blame just because someone says so. 

Determining fault in a truck accident case requires a detailed examination of the facts. Your truck accident attorney will fight to ensure fault is distributed fairly and that you’re not unfairly penalized.

Should Your Truck Accident Case Go to Court?

Most truck accident claims are resolved through settlement negotiations. A skilled attorney will aim to resolve your case efficiently while ensuring the offer fully reflects the scope of your losses.

However, not all cases settle. If the trucking company refuses to make a reasonable offer, your truck accident lawyer may recommend filing a lawsuit and presenting your case in court. While litigation takes longer, it can result in higher compensation, especially if your case involves catastrophic injury or wrongful death.

Seek Legal Representation for Your Truck Accident Claim

Filing a truck accident claim in New Orleans takes more than just paperwork; it requires skill, legal insight, and a full understanding of your rights. Without the right legal help, it’s easy to get overwhelmed by insurance adjusters, deadlines, and legal loopholes.

If you’ve been hurt in a truck accident, don’t wait until the clock runs out. At The Morgan Law Group, our dedicated truck accident lawyer in New Orleans will pursue every dollar you’re owed. 

Call our office in New Orleans today at (504) 370-2565 or contact us using our online form to schedule a free consultation.