Truck accident cases often involve severe injuries and quickly become complicated. Talking to a licensed truck accident lawyer in Lake Charles can be an important step during this difficult time.
At Galloway Jefcoat, consultations are free, and there are no upfront fees for our services. Our attorneys work on a contingency basis, meaning we do not get paid until you do. At Galloway Jefcoat, our Lake Charles personal injury lawyer provides personalized, dedicated representation to help victims recover the compensation they need. We have recovered hundreds of millions of dollars for our clients. Past results do not guarantee similar outcomes.
Causes of Truck Accidents in Lake Charles
Truck accidents happen throughout Lake Charles, including along Interstate 210 and Interstate 10. They are common near airports, logistics and warehouse facilities on the outskirts of the city, and in commercial areas within communities. All truck drivers are responsible for keeping others on the road safe, but that is not always the case. Consider the most common causes of truck accidents in our area:
- Driver distraction. Drivers using navigational devices or phones, eating or drinking, or even listening to a podcast.
- Fatigue. The federal government regulates how long drivers can be on the road at any given time, specifically to reduce fatigue-related accidents.
- Mechanical breakdowns. Often the result of brakes failing, tires blowing out, or engine failures from poor maintenance and upkeep.
- Reckless operation. Cutting people off while passing, failing to yield the right-of-way, and running red lights.
- Cargo mistakes. Trucks with unbalanced loads or overweight are particularly risky.
- Driver inexperience. Drivers who make mistakes, such as failing to slow properly or not managing hills and inclines, put others at risk.
Our truck accident lawyer in Lake Charles will gather data about what happened in your case. We seek out all parties at fault, including drivers, trucking companies, and third parties responsible for the incident.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
Who Can File a Truck Accident Claim in Lake Charles
If you were injured in a truck accident caused by someone else’s negligence, you may be eligible to file a truck accident injury claim. However, proving negligence occurred can be a challenge. Your lawyer must establish:
- There was a duty of care
- That duty was breached
- The breach of the duty of care directly resulted in your injuries and damages
There are many factors to consider when attempting to validate a claim for negligence. For example, how and why did the accident happen? What could the driver or other parties have done differently to prevent a crash? Would those alternative actions have been reasonable? These are all questions our licensed Lake Charles truck accident attorneys may need to consider in a free legal consultation.
"Galloway Jefcoat are amazing professionals who are very client focused. They will guide you thru all the details to help get your litigation solved. I was involved in a crash that ultimate required a knee replacement"
Why Trust Our Truck Accident Lawyer in Lake Charles
Founding partners Rusty Galloway and John Jefcoat have decades of experience representing injury victims in Lake Charles and throughout Louisiana. John is also a member of the National Trial Lawyers Association Top 100 (selection is based on third-party criteria and does not guarantee future results). Our licensed attorneys are prepared to manage truck accident claims involving:
- Tractor-trailer accidents
- 18-wheeler accidents
- Semi-truck accidents
- Dump truck accidents
- Delivery truck accidents
- Bus accidents
Every type of truck accident requires careful skill and knowledge, including the state and federal trucking regulations. Our truck accident lawyer in Lake Charles brings years of experience to your battle, building confidence in your case. We are here to help you recover damages owed to you.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
The Benefits of Hiring a Truck Accident Attorney in Lake Charles
An experienced lawyer should know how to investigate your case to make a strong argument for why you should receive compensation. The attorneys at Galloway Jefcoat have the resources and legal knowledge to conduct the thorough investigation your case deserves. We also have many years of combined experience negotiating for compensation.
The insurance company would prefer that you not hire a lawyer. Attorneys know the law, how to build cases, how to evaluate damages, and how to file a lawsuit if necessary. The potential for a lawsuit may influence how an insurance company evaluates a claim.
Trying to investigate a case is a lot to ask of an injury victim. They often do not know where to begin and lack the time, as they need medical treatment, must work, or care for their children. An attorney from Galloway Jefcoat is prepared to manage the legal process on your behalf at no upfront cost.
"Great experience, from day 1 I felt like I finally had someone on my side and that feeling didn't leave me for 1 single moment."
Common Mistakes in Truck Accident Claims
Our truck accident attorney in Lake Charles will help you avoid mistakes when filing your claim, speaking to insurance companies, or going to court. The most common mistakes victims make after such accidents include:
- Settling with the insurance company because they seem to be offering a fair settlement. They likely are not.
- Admitting any fault in the accident, even apologizing for not seeing the other person.
- Waiting too long to take action and not having enough time to fully investigate.
- Not pursuing all of the losses owed to you. Most victims have no idea what insurance companies really owe them.
- Assuming the insurance company is on your side. No matter how nice they are, they are not on your side.
You need a truck accident attorney who can help you avoid these risks. When you hire our team, we handle all of the conversations with insurance companies and pursue fair compensation for you in all ways possible.
Determining if Your Case Will Go to Court
Every truck accident case is different, so it is difficult to say whether you may need to go to court. However, most cases settle, and insurance companies would rather avoid the additional costs of going to court or the risk of having to pay more compensation than they would in a settlement.
Despite the odds being against a lawsuit, our attorneys are always prepared. It is important to have an attorney who is ready for court to help keep the insurance company on its toes. Even if a lawsuit is filed, there is still a chance to settle out of court. Our attorneys are always ready to continue negotiations with the insurance company, even while we prepare for a trial.
At Galloway Jefcoat, we understand the anxiety and stress that come with the thought of having to go to court. That is why our attorneys make sure to keep our clients informed at every step and are available to answer questions. This helps give victims peace of mind during an uncertain time.
Types of Damages Owed to You in a Truck Accident Case
The cost of treating truck accident injuries can be astronomical, and most people do not have the means to pay for it out of their own pocket. This can leave truck accident victims and their families in dire financial situations.
Our Lake Charles truck accident lawyers understand how difficult the aftermath of a truck crash can be, and we are prepared to pursue full compensation for medical costs and other economic and non-economic damages.
We can bring in medical experts to determine the ongoing effects of your injuries and how they may affect you physically, financially, and emotionally. In all cases, your attorney will calculate all losses related to your case, including both economic and non-economic damages.
Economic Damages
These are the financial losses incurred from your injuries. They are easier to prove and document the value of because you have evidence of those losses. Common economic damages in a truck accident include:
- Ambulatory services
- Hospital stays
- Physical therapy
- Surgical procedures
- Lost wages
- Damage to personal property
- Lost earning capacity
Economic damages are the foundation of your claim, but it takes evidence to seek these. Our truck accident lawyer in Lake Charles will build your case by examining all ways in which your life will suffer financially from the accident and your recovery. Maximizing these damages becomes critical.
Non-Economic Damages
Emotional damages may also be included in a truck accident claim. These are harder-to-prove losses, but often very real and very important to claim. Examples of some of the non-economic damages common in truck accident claims include:
- Pain and suffering
- Lost enjoyment of life
- Loss of consortium
An attorney from our firm can help you document your non-economic damages, as this is more complicated than documenting economic damages. We use expert testimony, cases like yours, the damages awarded, and third-party resources. Expect us to be highly aggressive in pursuing fair compensation.
How Liability Is Determined in a Truck Accident
While truck drivers are often liable for truck accidents, their employers and other entities responsible for the truck may also bear fault. When assessing the driver’s liability and that of other parties, it is important to determine whether the driver owns the truck. Commercial truck drivers typically fall into one of three categories:
- Owner–operators – The driver owns the commercial vehicle but may lease it to a trucking company or work as an independent contractor for that company.
- Company driver – A driver employed by a company with a fleet of trucks, who drives one or more of the company-owned commercial vehicles.
- Independent owner–operator – The driver owns the truck and uses it to move goods for one or more companies. Sometimes these types of drivers own a fleet of trucks.
To prove liability in these situations, our truck accident lawyer will gather data from all sources possible, including black box data from the truck, witness statements, accident reconstruction, Hours of Service records, and other resources.
Gathering evidence may include seeking evidence that is not typically available, such as the driver’s medical records, if we suspect driving under the influence. Our truck accident lawyer in Lake Charles will employ a range of strategies to build a strong case.
When Maintenance Is the Cause of Truck Accidents
The owner of a commercial vehicle is typically responsible for its maintenance and upkeep. The owner needs to ensure the vehicle is routinely inspected for mechanical issues. If a problem is detected, it is the commercial vehicle owner’s responsibility to have it fixed and ensure the vehicle is safe to drive.
If a truck accident is the result of negligent vehicle upkeep, the owner of the truck could be held liable for damages. If the repair shop did bad work, it may also be held liable.
When Cargo Companies Are Involved
Sometimes, commercial truck drivers may be responsible for loading and unloading their own cargo. In cases like these, the owner of the truck may be liable for your damages if an accident is caused by unsecured cargo.
However, there may be times when another party is responsible for loading the cargo. If unsecured cargo falls from a commercial vehicle and causes an accident, the party responsible for properly loading and securing the cargo may also be liable for your damages.
There are various regulations governing cargo security that must be followed. This is one of many issues our Lake Charles truck accident lawyers are prepared to investigate when handling your case. We have the resources and legal knowledge to take these and other steps as we work to build a strong case on your behalf.
Truck Accident Regulations
Our team will always work to identify driver errors that violate regulations. Our comprehensive understanding of state and federal laws enables us to determine who is responsible.
As in many other industries, the federal and state governments have set guidelines to protect commercial drivers and others on U.S. roadways from preventable truck accidents. These regulations are set by the Federal Motor Carrier Safety Administration (FMCSA) at the federal level.
The Louisiana Department of Transportation and Development also has state guidelines that commercial vehicle companies and drivers must abide by. You may not know these laws, but our attorney does. We also monitor for changes in those laws over time. Here are a few examples that may apply to your situation.
Safety Regulations
Safety is one of the most important responsibilities of every truck driver who gets behind the wheel. There are several safety guidelines commercial vehicle drivers and companies must adhere to, including:
- Height, size, and weight limits
- Hours of operation
- Drug and alcohol testing
Generally, truck accidents result from violations of safety regulations by the trucking company or the driver. Proving those violations may be challenging, which is why you should strongly consider experienced legal representation.
Insurance Requirements
Commercial vehicles are required to carry insurance coverage of a minimum of $750,000 in general liability for vehicles transporting non-hazardous materials.
That minimum increases to $5 million if the goods being transported are toxic chemicals or other hazardous materials. With such high policy limits, it is easy to see why truck companies fight hard to avoid responsibility for preventable accidents.
Timelines for Filing a Truck Accident Lawsuit in Louisiana
In Louisiana, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Once two years pass, victims are generally prohibited from filing a lawsuit. Those who do are likely to see the case dismissed in court after the defense files a motion.
It is important to speak with an attorney as soon as possible after an accident. That way, they can determine if you may have a case and get to work gathering evidence and evaluating your damages. Investigating takes time, and the more time your attorney has to investigate, the better.
A licensed attorney from Galloway Jefcoat can review your claim during a free consultation to discuss what your legal options may be. We do not want to wait until the last minute, but we are here and ready to help you, even if time is running out.
Call Our Lake Charles Truck Accident Lawyers Today
Truck accident cases often have many layers, and the insurance company may fight hard to avoid accountability because these claims may involve significant damages. That is why you need a Lake Charles truck accident attorney who is ready to take on the insurance company, including in negotiations and in the courtroom if a lawsuit becomes necessary.
For over 30 years, the law firm of Galloway Jefcoat has helped injury victims in Louisiana recover the compensation they need for medical bills, lost wages, pain and suffering, and other damages. The initial consultation is free with no obligation to take legal action. We do not charge you anything up front and only get paid if you do.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."