Losing a loved one to a deadly crash involving an 18-wheeler will turn your world upside down. Those at fault must be brought to justice, but while you are grieving, you may be too devastated to know where to begin. You need a respected Cut Off truck accident lawyer who will fight hard for your family and who understands the laws and customs of coastal Louisiana.
At Scott Vicknair Injury Lawyers, our team offers 30 years of combined experience from folks who have spent their lives helping the communities they call home. They will help you with honesty, integrity, and compassion while ferociously seeking the compensation your family needs to survive the loss of your loved one. Call us to arrange a free consultation to learn what you can do, and let a Cut Off fatal truck accident lawyer help you today.
Your Fatal Truck Accident Lawyer in Cut Off Can Identify Who is at Fault in Your Loved One’s Death
Few things are more shocking than suddenly losing your family member to a truck crash. Your first instinct might be to blame the driver alone. Yet, in our experience, we find that there are often multiple parties at fault, all of whom you can pursue for compensation.
Potentially liable parties could include:
- The trucking company that leases the truck that was involved in the crash
- The company that owns the truck
- Mechanics or inspectors who failed to notice problems that could lead to an accident
- Other drivers on the road who may have contributed to the crash
- Cargo loaders who improperly balanced or secured the freight
There are numerous losses you can claim from a deathly truck crash in Louisiana, such as your loved one’s medical bills, funeral costs, their lost financial support, and the loss of their companionship and love. You have the right to seek justice and compensation from anyone who is at fault. Contact our Cut Off personal injury lawyers for assistance.
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504-500-1111Other Parties that Could be Liable in a Fatal Truck Accident
Construction companies and the government agencies that oversee them have a duty to keep the roads passable, safe, and free from hazards for motorists. Large commercial trucks can be more significantly affected by lane shifts or reduced shoulders from construction barriers. With less room to maneuver, truck drivers could cause accidents that are not fully their fault.
While it may seem strange to consider that someone could be held liable for how weather conditions affect a truck, if roads are not graded properly to allow heavy rains to run off, cars could hydroplane into a tractor-trailer. Pooled rain on the highway can cause a truck driver to lose control. When drivers in passenger cars drive too fast or aggressively in snow, sleet, or ice, they can involve other vehicles in crashes as a result.
Under Louisiana Civil Code Chapter 3 Article 2315, each person or entity that causes injury (including death) to another is obliged to remedy that harm. This means you can file an insurance claim or personal injury lawsuit against anyone who played a part in your loved one’s death, and your fatal truck accident attorney in Cut Off, LA, can guide you through that process.
How to File a Claim for a Fatal Truck Accident
Unlike a personal injury claim, there are certain aspects of a fatal truck accident that fall under Louisiana’s wrongful death statutes. If your loved one was killed immediately, you can file a wrongful death lawsuit.
If they survived for a few days or weeks with catastrophic injuries before passing away, you could file a survival action to recover the costs of their burial and their medical and other bills before they died.
Potential Beneficiaries
Your Cut Off fatal truck accident attorney can advise you on which avenue will best support your needs. Only certain individuals have the right to file wrongful death or survival actions on their own behalf or on behalf of the deceased’s estate. These people include the following in this order:
- Surviving spouse
- Children
- Parents if the deceased did not have a spouse or children
- Siblings if the deceased did not have a spouse, children, or living parents
- The estate’s personal representative (PR)
If your loved one initiated a personal injury lawsuit before they died, your wrongful death truck accident lawyer can help you convert it into a survival action and continue pursuing compensation. We understand a monetary award cannot replace your family member. Yet, it can make it easier for you to grieve and move forward.
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504-500-1111Laws that May Apply to Your Fatal Truck Accident Case
Along with the wrongful death statute, it is important that your fatal truck accident lawyer in Cut Off, LA, analyze all possible laws that could affect your claim. They should also investigate any legislation or regulations that impact your ability to file an insurance claim against any liable parties. For example, you should be aware of the following:
- Federal regulations: The Federal Motor Carrier Safety Administration (FMCSA) describes both insurance filing requirements and regulations guiding hours of service and other matters. Truck drivers must carry minimum accident liability insurance, ranging from $300,000 to as much as $5 million, to pay for any damage, injuries, or deaths they cause.
- Louisiana negligence laws: Our state used the doctrine of pure comparative negligence, meaning you have the right to seek compensation in a wrongful death claim, even if your loved one was up to 99% at fault.
- Statute of limitations: You should contact a Cut Off wrongful death lawyer as soon as possible after the accident, since Louisiana law only allows one year after the death to file your claim.
Laws and their interpretation can change frequently, so it is vital that you discuss your case fully with your attorney. They can advise you on how the laws affect your case, including any variations in the statute of limitations that could enhance or reduce your time to file your claim. At Scott Vicknair Injury Lawyers, we pride ourselves on constant communication with our clients.
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504-500-1111Scott Vicknair Stands Ready to Support Your Family’s Fatal Truck Accident Claim in Cut Off, LA
Our Cut Off fatal truck accident lawyers at Scott Vicknair Injury Lawyers, we fight for the win by putting our clients first and providing proactive and solutions-focused service. We strive to help you through the overwhelming demands of dealing with a loved one’s death. We also do not require you to pay any attorney’s fees unless we secure a settlement for you.