Tow trucks are often called to accident scenes to remove damaged or totaled vehicles. However, when you are involved in a collision with a tow truck, the injuries you suffer could be far more devastating. Tow trucks are enormous vehicles that have the power to annihilate other vehicles that may cross their paths.
With the support and resources of a trial-proven New Orleans tow truck accident lawyer from Scott Vicknair Injury Lawyers, you can get the legal guidance you need to demand justice. You can work with a New Orleans truck accident lawyer from our firm 24/7, so you have access to the help you need when you need it.
Learn more about the claims process and what you expect from your tow truck accident case when you contact our office to request a 100% free consultation.
How Tow Truck Accidents Happen
Your New Orleans personal injury lawyer with Scott Vicknair Injury Lawyers needs to figure out how the tow truck accident happened before we can move forward with your case. We need to be able to show that someone else is responsible for causing your injuries and the damages you suffered. There are countless ways tow truck accidents can occur, some of which include:
- Drunk driving
- Distracted driving
- Following too closely
- Failure to stop or yield
- Unlawful lane changes
- Unlawful turns
- Aggressive driving
- Driving while fatigued
However, tow truck accidents are not only caused by negligent tow truck operators. Depending on how the accident occurred, other motorists on the roadways and third parties could also share the blame.
For instance, if road safety hazards caused your injuries, you might be able to sue any parties responsible for the integrity and maintenance of the roads, such as the city of New Orleans or the Louisiana Department of Transportation and Development (LaDOTD).
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504-500-1111Handling Shared Blame in Your New Orleans Tow Truck Accident
Louisiana follows pure comparative negligence laws under LA Civil Code Article 2323. When you are involved in an accident, if you are partially responsible for causing it, you will not be entitled to the full value of your losses. Instead, your settlement will reflect a partial blame deduction.
The exact amount that will be taken out of your settlement will depend on how much blame you carry. For instance, if you were not wearing your seatbelt when you were struck by the tow truck, you might be found 15% at fault for your injuries. This means instead of receiving the full 100% of your damages, you will only receive 85%.
This is one of the most common laws that liable parties attempt to take advantage of. They try to capitalize on these laws to avoid their own financial liability for your damages. Fortunately, when you have a reputable New Orleans car accident lawyer on your side, you do not have to worry about being taken advantage of during some of the most challenging times in your life.
You Have the Right to Full Compensation for Your Damages
You should be repaid for every single loss you have endured as a result of your tow truck accident. Some of these damages can be recovered through your claim with the insurance company, while others can be recovered through your personal injury lawsuit. Here are some of the different types of damages that your New Orleans tow truck accident attorney can help you pursue.
General Damages
General damages are also commonly known as non-economic damages. Since they are intangible, they take a little bit longer to evaluate. Not everyone experiences non–economic losses in the same way, and they can be experienced in numerous different ways and to vastly varying degrees.
However, since general damages can have such a devastating impact on injury victims’ lives, it is imperative that we ensure we have accounted for these losses when calculating the value of your tow truck accident claim.
You might have heard that you can seek pain and suffering as part of your settlement, but these are not the only non-economic damages you may be entitled to. You could also seek compensation for emotional distress, loss of enjoyment of life, loss of consortium, feelings of embarrassment and shame, and even reputational damage.
Special Damages
Special damages are also commonly referred to as economic damages. These are much easier to evaluate as the values are easily discernible through financial documents. Certain types of economic damages, such as property damages and medical bills, can be included in your insurance settlement.
However, the insurance company only covers specific types of damages as outlined in the policy terms. If you have other economic damages that are not covered, the insurance company will not be expected to pay for them. Instead, you will need to include these as part of your personal injury claim.
Punitive Damages
Punitive damages may also be issued in your tow truck accident case, but only under very specific circumstances. If the tow truck driver that hit you was driving under the influence, they may be possible under Louisiana Civil Code Article 2315.4.
If the collision occurred in a state that authorizes punitive damages, or the tow truck driver that hit you is from another state that allows them, Louisiana restricts exemplary damages according to Louisiana Civil Code Article 3546.
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504-500-1111Speak With a Tow Truck Accident Lawyer in New Orleans, LA for Help Today
Since multiple parties could share liability for your tow truck accident, your case may be more complex. Work with a tow truck accident attorney in New Orleans, LA, who has the legal knowledge and experience you need to feel empowered in pursuing your claim.
You should feel confident that your legal representative with Scott Vicknair Injury Lawyers will not only offer you sound advice but also use our considerable resources to build the strongest case possible against the liable party.
When you are ready to fight for the fair compensation you deserve, do not hesitate. Although you may be feeling overwhelmed, once you have the right legal advocate on your side, you can rest easier and focus on recuperating. Call our office or complete our convenient contact form to schedule your no-cost, risk-free consultation as soon as today.
