A well-running car is essential, whether you’re trying to get to work on time or taking the kids to soccer practice. You probably drive a lot during the course of a day without realizing how many hazards you are exposed to while behind the wheel. Being involved in a collision with an 18 wheeler can create a variety of damages to both your car and your body. Luckily, you can get help from a New Orleans injury lawyer when trying to understand the next steps after an accident with an 18 wheeler.
Seek Medical Attention Immediately
Before you contact a New Orleans car accident attorney after a collision with an 18 wheeler, you will need to seek out medical attention. Getting checked out by a medical professional at the emergency room is the only way to gain the full scope of how serious your injuries are.
If you are going to seek compensation for your injuries, you will need to have documentation of the injuries you sustained during the wreck. The physician treating you will be able to advise you on how to speed up your recovery and can give you a list of things to avoid while you heal.
Exchange Information With the Truck Driver
If you have sustained no injuries during the collision with an 18 wheeler, your main goal should be exchanging insurance information with the truck driver. Before getting out of the car to exchange this information, you will need to contact law enforcement.
Once they arrive, they will be able to document the cause of the wreck in their report. This accident report is important and can help the New Orleans injury lawyer you hire build a case. You never want to leave the scene of an accident until all documentation is completed and signed.
Take Some Photographs if Possible
When trying to properly document your collision with an 18 wheeler, you will need to take some pictures. When taking pictures of the wreck, be sure to focus on the damage to your vehicle and any skid marks on the road. You need to also take pictures of the final resting point of each vehicle. These pictures can be very important when the authorities and the insurance companies are trying to determine who was at fault for the wreck.
Choosing the Right Attorney
After the dust has settled from your 18 wheeler collision, you will need to find the right New Orleans car accident attorney to hire. The best way to decide which lawyer in your area is the best fit is by going in for some consultations. During these consultations, you will be able to ask all of the questions you have and make a final decision on which lawyer to hire based on the answers you get.
Finding the right New Orleans auto accident attorney is easy when calling on the team at Cueria Law Firm. You can contact us when in need of advice on how to get paid for the injuries you have from an 18 wheeler collision.
Who Is At Fault For An Accident With An 18 Wheeler?
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Trucking companies, as well as their drivers, are supposed to adhere to safety regulations and conduct operations in a safe manner. However, there are those who disregard regulations and operate the large trucks with negligence. It is these individuals who cause traffic accidents which leave a typical vehicle in shambles, with drivers and their passengers injured or even worse, killed. A standard vehicle is no match for an 18-wheeler truck and accidents involving these types of vehicles often end in death.
If a commercial truck driver does not follow the proper driving regulations or their truck is poorly maintained, it can lead to serious injuries or deaths during an accident. If you or someone you love has been involved in a semi-truck accident, contact our attorneys at Cueria Law Firm. Our New Orleans personal injury attorneys are prepared to consult with you about your case and help you fight for compensation.
Who is at Fault?
When a semi-truck accident occurs, it is very important to determine who is at fault. The legal principle of negligence needs to be determined. An insurance company and the court will assign fault based on the idea of negligence or the failure of a driver to exercise what is known as ‘duty of care’. Basically, the driver that was more careless during the incident will be considered the one at fault.
Negligence can be determined based on eyewitness accounts of the accident as well as citations that are given on the scene. Police officers will arrive on the scene and interview all drivers involved, along with vehicle passengers and any witnesses. A police report will be filed which includes the officer’s opinion as well. Any traffic violations will be investigated that took place before the accident or during with citations given when needed.
At Cueria Law Firm, we point out to our clients that the police report does not necessarily determine who is at fault. A court may find the police report to be hearsay and does not include the report as admissible evidence.
Three Standard Negligence Laws in the US
In the United States, there are three basic negligence laws that are practiced across the board. These are pure comparative fault, pure contributory negligence, and modified comparative fault. Our attorneys can explain these three laws to you and how they apply to your individual case.
With pure contributory negligence, the rule states that if one driver contributed even a small part to the accident, then that individual is unable to recover damages and are considered the one at fault. The rule can be disputed if the plaintiff is able to prove the defendant was knowingly negligent.
With pure comparative fault, the law notes that fault lies between both drivers. The plaintiff can sue for damages based on a portion of the fault of the defendant if the plaintiff is found to be the majority at fault. Modified comparative fault follows this same rule but stops the plaintiff from suing for damages when they are over 50% at fault.
The Responsibility of the Trucking Company
Regarding a semi-truck accident, the trucking company that operates the vehicle can be at fault. The trucking company is responsible for ensuring the truck is properly maintained as well as hiring only drivers who are responsible and skilled. The company is also responsible for ensuring drivers are not fatigued and driving while tired. Due to these responsibilities, the truck company can be found liable for an accident you were involved in.
The initial steps after an accident with an 18 wheeler may seem daunting in the moment, however you’ll be happy that you followed the steps later on. At Cueria Law Firm, we can help when you or someone you love is involved in an accident with an 18 wheeler.
Let our skillful attorneys review your case and help you file a claim for just compensation.