Delivery trucks have become increasingly valuable as more consumers make daily purchases online and expect their packages delivered within hours. Unfortunately, this urgency also trickles down from distributors to their delivery truck drivers, and when this happens, collisions can prove to be catastrophic.
If you have suffered devastating injuries, a dedicated New Orleans delivery truck accident lawyer from Scott Vicknair Injury Lawyers may be able to help you pick up the pieces of your life. When you need a New Orleans truck accident lawyer on your side, choose a law firm with a proven track record of success.
Our team has successfully recovered over $100 million in trial verdicts and settlements. Contact us to request a free consultation today and learn more about how we can help you maximize your payout.
Tort Laws Influencing Your Delivery Truck Accident Claim
When you decide to take action against whoever is responsible for causing your delivery truck accident, multiple laws could have a significant impact on your ability to pursue your claim and how much compensation you could be awarded.
Your New Orleans personal injury lawyer with Scott Vicknair Injury Lawyers, will make sure you are informed about which laws could have the most significant impact on the outcome of your case. Some of the most notable laws you should be aware of include the following:
Fault Insurance
After being involved in a delivery truck accident, one of the best ways for you to recover compensation is by filing a claim against the liable party’s insurance company. You will file a claim against the liable party’s insurance policy instead of your own because Louisiana follows fault insurance laws as described under LA R.S. § 1284. This means we will be dealing with the liable party’s insurer throughout the claims process.
Expect the insurance company to push back when you file your claim. The amount of compensation you can recover through your insurance settlement will be based on how much coverage the policyholder has and the types of covered losses outlined in their policy terms. We will know more after reviewing the at-fault party’s insurance policy further.
Statute of Limitations
You must take action on your claim sooner than later. If you wait too long, the statute of limitations could run out, and you could be prohibited from fighting for the compensation you deserve at trial. Under LA Code of Civil Procedure Art. 1424.1 under Louisiana Senate Bill SLS-24RS-557, the statute of limitations is two years for personal injury lawsuits that occurred after July 1, 2024.
This is because the statute of limitations for personal injury lawsuits before July 1, 2024, was one year under LA R.S. § 23-1209. The statute of limitations was increased, giving injury victims additional time to pursue their claims. However, you will still be barred from recovering a settlement in court if you do not file your claim before the deadline expires.
Pure Comparative Negligence
Do not be alarmed if the delivery truck driver who hit you tries to blame you for causing the collision. This is one of the most common ways liable parties attempt to reduce their own portion of blame. Since Louisiana is a comparative negligence state, as described under LA Civil Code Art. 2323, you can still receive a settlement even if you are partially at fault.
However, you will not receive the full amount of your award. Your percentage of culpability will be taken out of your award to ensure you are held accountable for your portion of the blame. For this reason, having a reputable New Orleans car accident lawyer on your side to prevent the liable parties from getting away with unfounded shared blame accusations.
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504-500-1111Cause and Fault in New Orleans Delivery Truck Accidents
Our team will begin the claims process process by conducting a detailed investigation into how the accident occurred. By analyzing cause and fault, we can gather the powerful evidence we need to secure a favorable outcome with the insurance company and at trial. Many parties can be sued for delivery truck accidents in New Orleans, such as:
- Negligent delivery truck drivers
- Irresponsible delivery truck companies
- Safety inspectors and delivery truck mechanics
- Auto parts designers, manufacturers, and distributors
- The city of New Orleans and the Louisiana Department of Transportation and Development (LaDOTD)
How your accident occurred will help us determine who is liable. For instance, if a drunk delivery truck driver caused the collision, not only would you have grounds for a claim against the driver who hit you, but you may also be able to sue the delivery truck company. We will know more after we have completed our intensive case evaluation.
Costs of Hiring a New Orleans Delivery Truck Accident Attorney
The cost of hiring a legal representative should not prevent you from getting the support you need after everything you have been through. That is why we work for our clients on contingency. Under LA R.S. § 37-218, when we work for you on a contingency agreement, we only get paid if we successfully recover compensation for your damages.
You are never expected to pay any of the costs that come with pursuing your case either. We use our resources to build a powerful claim against those responsible so you never have to put your personal finances at risk. It is the least we can do for our clients during some of the most challenging times in their lives.
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504-500-1111Get Help from a Delivery Truck Accident Lawyer in New Orleans, LA Today
When your medical bills are piling up, you are out of work and unable to earn a living, and you are struggling to cope with the emotional trauma of this devastating experience, you need a legal advocate on your side who could help put you on the right path.
There are several ways you may be able to hold the delivery truck driver and other liable parties accountable. Let us help you demand the justice you deserve.
Schedule a free, no-obligation consultation with a reputable delivery truck accident attorney in New Orleans, LA, from Scott Vicknair Injury Lawyers.
Our team offers free consultations to delivery truck accident victims and injury survivors across New Orleans and surrounding communities. Claim yours when you fill out our online contact form or call our office to get started on your claims as soon as today.