Trucking Accident Injury Claims In Louisiana
What Are The Most Common Causes Of Trucking, Commercial Vehicle, And Semi-Truck Accidents Across Louisiana?
The causes of trucking accidents in Louisiana, or anywhere for that matter, can be quite varied, yet some appear more frequently than others. One such cause is the violation of the Federal Motor Carrier Safety Regulations, which includes overstepping hours of service and insufficient driver training.
Also, companies might employ drivers with a history of disregarding these regulations due to the necessity and financial feasibility. This risky approach can include drivers exceeding their service hours, ignoring state CDL manuals, and neglecting the Federal Motor Carrier Safety Regulations, even after adequate training.
Furthermore, some fleet owners do not properly maintain their vehicles, leading to malfunctions. A pre-trip inspection is crucial, but if employers neglect to address any defects identified during such an inspection, the value of the pre-trip check becomes null. Generally, most accidents tend to originate from drivers' safety choices.
What Are The Most Common Types Of Serious Injuries Caused By Accidents In Louisiana?
Accidents, particularly those involving large commercial vehicles, often result in severe injuries or even fatalities. The most common types of injuries include traumatic brain injuries, spinal injuries, and in some unfortunate cases, death.
Who Is Potentially Liable For My Serious Injuries In Louisiana Trucking Accident Cases?
Liability in a trucking accident case is not exclusive to Louisiana, and extends throughout the United States. Parties potentially liable for your injuries may include the driver, the company employing the driver, and their respective insurance company.
Additional liable parties could also be the policyholder of the trailer, the shipper, and the broker. Furthermore, in some cases, multiple excess carriers indemnifying these parties can also be held responsible.
Is It Worth Fighting A Large Trucking Company's Powerful Insurance Company To Pay My Medical Bills For The Serious Injuries Caused By Their Driver?
While it is absolutely worth it, you must understand that your fight isn't just about medical bills. In fact, medical bills only represent the initial phase. You could easily equate settling for damages only related to your medical bills to a claim of being educated after only finishing kindergarten - that part of the puzzle it's only the beginning.
What you are really fighting for extends far beyond medical bills including but not limited to past, present and future pain and suffering. Not to mention possible future medical care, loss wages, mental anguish and many others that may apply depending on the facts of your case. Medical bills are merely the tip of the iceberg and every dime of that ends up in the hands of health insurers, medical providers and third parties serving that role.
Additionally, you might seek compensation for loss of consortium, loss of support, loss of wages, future medical costs, and many other losses. Medical bills represent merely the tip of the iceberg. The real struggle is for your pain and suffering, which encompasses multiple categories on the verdict form.
How Am I Going To Pay For My Medical Bills After Being Injured In An Accident Involving A Commercial Vehicle?
Dealing with medical bills following an accident involving a commercial vehicle can be a daunting task. If you're seriously injured and lack health insurance, you'll likely incur a bill from the emergency room (ER). However, if you have health insurance, your provider will cover what is referred to as an 'adjusted amount', subsequently creating a 'subrogation lien'.
This means that whether your insurance is provided by the state, like Medicaid, the federal government, like Medicare, or through a private insurer such as Blue Cross Blue Shield, there will be a charge amount and an adjusted amount. In Louisiana, there is a specific formula to calculate this. The amount your insurance pays is subtracted from the charge amount, then that difference is multiplied by 40%. The result is added to the amount paid, and the defendants and their insurance carrier are responsible for that remaining amount.
Should you lack health insurance, you will receive a bill from the ER. After you leave the hospital, your lawyer can provide options for further treatment like physical therapy or surgery, either through your health insurance or by finding alternative funding to cover your bills.
While your lawyer doesn't decide who your health providers will be, they can present you with options if you're unsure of where to seek certain treatments or care. In case of no health insurance, your lawyer will arrange funding for you. For those who do not possess health insurance, your lawyer will assist you in accessing care.
Who Pays For The Car Damage Caused In A Trucking Accident?
The costs associated with property damage are typically covered by the insurance company of the liable party - the person who hit you. If there is a delay, or the liable party or their insurance company refuses to pay, your insurance policy can be invoked through comprehensive collision coverage. Your insurance will then seek reimbursement from the liable party's insurance, a process known as subrogation, at a later date by litigating that portion.
For more information on Trucking Accident Injury Claims In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 267-9729 today.