Truck Accident Attorney

Truck Accidents

We rely on 18-wheeled trucks to ship cargo all over the United States. Medical supplies, food, clothing, fuel. Everything ships across the interstate highway system. We share the road with trucks and 18-wheelers every day.

Without the trucking industry, we would not enjoy many of the comforts in our lives. Fuel and food supplies would dry up in a matter of days without the constant flow of goods. We owe life as we know it to commerce. Because of that, we are usually not bothered by the idea of sharing the road with such immense machinery.

There’s much training and effort made towards safe operation in trucking. But, there is always the chance something bad could happen. Whether traveling down Johnston Street or driving on a highway, we must exercise care. While truck drivers get quality training, they are still human. Accidents and error do still occur.

Why do I need a trucking accident attorney?

Do you have injuries through no fault of your own? The injuries and damage to your vehicle will have your mind and bank account spinning. Due to the size of an 18-wheeler, the damage will likely be catastrophic. When your time in court comes, an experienced truck accident lawyer will be of great use.

The Law Offices of L. Clayton Burgess has the experience you need in the event of a trucking accident. Their team of legal experts investigate the accident and evidence. They also have experience dealing with the layers of liability involved in accidents.

Liability in a trucking accident

In the event of a trucking accident, proving negligence will work like any other accident. There’s evidence gathered at the scene. Along with witness testimony and copies of the police report. The tricky part is finding out exactly who is liable for your accident.

The truck itself can belong to the driver or the company employing them. That company may have the employee as a regular employee or as an independent contractor. The vehicle itself may have upkeep done by that employer or by a regular mechanic. The trailer might belong to the transportation company. Or by the client having goods shipped. And to top it all off? The parts on the trailer or the load may be incorrect as well.

Confused yet? Who wouldn’t be? The Law Offices of L. Clayton Burgess know what to look for. We review employment records, maintenance records, and even weigh station check-ins. Drug testing will reveal the presence of illegal substances in the driver’s bloodstream. Our team has seen it all. You can count on us to remain focused on the important things in this case: Yourself and your family.

IF YOU OR A LOVED ONE IS IN NEED OF LEGAL ASSISTANCE, CONTACT US NOW.

Call our office today for a FREE review of your personal injury case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.

 

Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!

Don’t wait to get started. Let’s get together now.

You can count on us to remain focused on the important things in this case: Yourself and your family.

Hours of service

Sleep is the most important thing for a trucker. A sleepy driver is just as dangerous as a drunk driver. As such, there are rules in place called the Hours of Service, set by the Federal Motor Carrier Safety Administration:

  • The maximum drive time in a week is 70 hours
  • A trucker can resume driving after 34 consecutive hours of rest
  • A 30 minute break must occur during the first eight hours of driving
  • There is an 11 hour daily drive limit and 14 hour work day limit

Drivers have to keep a logbook detailing any sleep and rest periods. While electronic logging is becoming the industry standard, paper logs are still kept, which can lead to drivers falsifying records.

Truck drivers may break these rules, even under the encouragement of employers. In order to meet demands and to maintain profits, a company must make as many deliveries as possible. They may take liberties with safety requirements if a job is failing behind. Additionally, a truckers pay is by the mile and not by the hour. This leads to many truckers relying on illegal drugs and over-the-counter methods of staying awake for longer than the human body can safely function.

 

Determining liability

Many factors determine who is liable in the event of an accident.  There should be full investigation of factors to determine who is responsible for your injuries.

For the driver:

  • Presence of drugs or alcohol
  • Adherence to hours of service
  • Care in operation
  • Adherence to safety protocol in transportation of hazardous materials
  • Inspection of vehicle, trailer, and cargo
  • Maintenance of vehicle if owned

For the employer:

  • Hiring practices (background checks and drug screening)
  • Training practices
  • Adherence to hours of service
  • Maintenance of vehicle/trailer if owned

Additionally, the manufacturer of any parts on the vehicle or trailer may be liable due to faults in the manufacturing process.

Your truck accident lawyer’s job is to weigh each factor in your accident thoroughly. Each party in a trucking accident will be doing their absolute best to prove they were not at fault. After your accident, give no information to anyone other than your insurance, your doctor, and your attorney. Any information you give will likely shift the blame to someone else.

 

Injuries

Truck accidents are a complicated affair. Your injuries may be quite severe. After an 18 wheeler accident, you may suffer from:

  • Broken bones
  • Brain damage
  • Severe concussion
  • Deep lacerations and blood loss
  • Paralysis
  • Severe and/or permanent nerve damage
  • Rupture or laceration of organs
  • Chemical exposure (acid, fumes)
  • Severe burns
  • Death

When long-term disability is a real possibility, having a dedicated team of legal professionals fighting for you is the best-case scenario. As medical bills pile up, you will not be able to return to work for some time. The Law Offices of L. Clayton Burgess understand how crucial it is to maintain your family’s way of life. We will stop at nothing to see justice served.

According to LSU Data Reports, 200 crashes involving trucks occurred in Lafayette Parish in 2016. 200 may seem like a low number, but there are only 365 days in the year. That’s an accident per day for over 6 months mathematically. Each of these accidents touches multiple lives. Each of these accidents leads to higher insurance rates and medical costs.

Should you have injuries through no fault of your own, you have options. No matter what your income level, you can afford an attorney. The Law Offices of L. Clayton Burgess are a no-win/no-pay firm. We offer a free initial personal injury consultation to anyone needing legal advice after an accident. We are even able to come out to you should you be unable to come to the office. No matter how severe the accident and how terrible the injuries, do not give up hope. Injuries heal, cars are replaceable, and justice served.