Big Rig Accident Lawyer New Orleans

Common Causes of Truck Accidents

The trucking industry is highly regulated by the federal government because of the danger that it poses to other cars and pedestrians on the road. Everything from maximum driving time and required truck maintenance to the weight of a truck is regulated. Parties who fail to abide by these rules can be held liable for injuries.

Additionally, urban areas like New Orleans, with its historic streets and unique traffic patterns, pose specific challenges to big rig navigation. The combination of narrow roads, unpredictable weather conditions, and cultural events that draw large crowds can increase the risk of accidents. Truck drivers must be particularly vigilant when traveling through the city, factoring in these unique conditions to avoid potential hazards.

Common causes of 18-wheeler truck accidents include:

• Speeding - Truck drivers are often expected to complete their routes in a specific amount of time, which isn't always possible due to weather, technical issues, traffic, and a host of other factors. When a driver falls behind schedule, there is always the temptation to simply pick up the speed.
• Tire Failure - Things like tire underinflation, tire overinflation, potholes, and debris are all common causes of tire failure.
• Brake Failure - "Riding the brakes" is a common cause of brake failure in trucks. If a driver uses the brakes while going down a long hill, it can cause the brakes to overheat and fail.
• Driver Fatigue - Again, because truck drivers are on a tight schedule, they will often push themselves to drive to the point of fatigue. This behavior is extremely dangerous as fatigue driving results in micro-sleeping, loss of concentration, and impaired motor skills.
• Driving Under the Influence of Drugs and/or Alcohol - Truck drivers driving under the influence is unfortunately fairly common. The dangers of drunk driving are amplified in truck accident cases when you consider the sheer size and weight of semi-trucks.
• Distracted Driving - Truck drivers are human and fall prey to the boredom and monotony of driving, which often results in texting while driving, making phone calls, perusing social media, changing the radio, and a host of other distractions.
• Overweight Cargo or Freight - Both state and federal laws regulate the cargo weight a truck is permitted to haul, and drivers are expected to regularly use weight stations along their route. An overweight truck is harder to control and stop, which makes it more likely to be involved in an accident.

The complexity of these causes highlights the necessity of thorough investigation by legal professionals. Understanding these contributing factors not only helps in determining liability but also in crafting strategies to minimize future incidents. Implementing advanced driver-assistance systems, such as automated braking, could potentially reduce accidents caused by human error. Additionally, lobbying for more comprehensive rest regulations and better enforcement could address the pervasive problem of driver fatigue, improving safety for everyone on the road.

Furthermore, the local regulatory agencies in New Orleans, such as the New Orleans Department of Safety and Permits, offer additional resources and guidelines specifically aimed at preventing truck accidents in this region. Staying updated with any changes in these regulations is crucial for both truck drivers and companies to ensure compliance and enhance road safety. Our team is well-versed in these local conditions and stands ready to assist in any post-accident evaluations that may be needed.

Our experienced team can look into your case and investigate the causes of your accident. Whether it was a careless truck driver, a negligent trucking company, or a defective trucking part that was to blame, we work hard to research and prepare each case.

Liability in 18-Wheeler Accidents

Knowing the cause of an 18-wheeler accident is only part of the claims process. We also need to use that cause to determine liability or fault. In Louisiana, the pure comparative negligence rule will reduce the compensation amount that you can receive based on your percentage of liability. Our truck accident attorneys can work to keep your liability as low as possible, hopefully down to 0%, so you can get the most compensation possible.

Liable parties in an 18-wheeler accident might include:

• Truck driver who caused the crash
• Trucking company that employed the trucker
• Truck part manufacturer
• Third-party like a load or maintenance crew

The determination of liability goes beyond identifying at-fault parties; it involves an in-depth analysis of the events leading to the accident. Gathering evidence like traffic camera footage, driver logs, and maintenance records can be invaluable in establishing fault. Witness testimonies can also provide critical perspectives. A comprehensive approach ensures that all responsible parties are held accountable, potentially allowing for multiple insurance claims, which can result in a more comprehensive financial recovery.

In New Orleans, particular attention must be paid to local business operations and the areas they typically affect, such as busy ports where truck traffic is dense. Here, assessing liability can become entwined with specific logistical and operational procedures unique to the region. Companies and drivers need to maintain robust insurance policies and high standards of operation to avoid potential liabilities that may arise due to regional peculiarities.

When there are multiple liable parties in a trucking accident claim, we can file against multiple insurance policies in pursuit of the compensation owed to you. While this can add complications to the case, the Womac Law Firm is always ready to put the Womac On ‘em, no matter how many parties we have to go up against for our clients.