Lake Charles Truck Accident Lawyer

Lake Charles Truck Accident Attorney

Truck accidents can be frightening and often leave those who are injured facing long-lasting consequences. They are some of the most dangerous kinds of car accidents, and victims deserve to have their costs covered by those who are responsible. The law provides a path to seek restitution for medical bills, damage to a vehicle, and even the emotional impact of a truck accident. Working with the right Lake Charles truck accident lawyer can be essential to seeking that compensation.

When you need an experienced team representing you in an effort to get compensation for a truck accident, Sanchez Burke, L.L.C., is the choice for you. We understand the relevant law and the nuanced challenges that truck accidents often involve. Whether through negotiating a fair settlement or through litigation, we are dedicated to getting our clients the restitution that they are legally owed.

What a Lake Charles Truck Accident Lawyer Can Do for You

A Lake Charles truck accident lawyer will act as their client’s representative and advocate in the pursuit of compensation on their behalf under Louisiana’s personal injury laws. We undertake several primary functions and roles in this process. However, an overarching service that we are able to provide is advice. We can ensure that you will benefit from whatever guidance we can offer based on our experience and understanding of the law for the decisions you will need to make through the process.

Investigator

One of our critical tasks is to investigate the truck accident you were involved with. There are several objectives involved in the investigation, starting with identifying who can be considered at fault for the accident since those are the parties from whom we will need to seek compensation.

Additionally, the investigation will also involve gathering evidence that can be used to demonstrate fault in court, should the case come to that. We will also gather any evidence that may be helpful in defending against any accusation that you were at fault, as that could be used to reduce your compensation under the doctrine of comparative negligence.

Negotiator

There can often be some benefits to both parties if the case can be settled out of court. Avoiding the time, expense, and risks of going through litigation is an enticing opportunity if the finances make sense. This is why most of the time there will be an attempt to resolve the claim easily, out of court, and most cases do end in settlements rather than trial.

Negotiating for a fair settlement is a skill that takes practice. That is one reason why having a lawyer negotiating on your behalf is a wise choice. Our experience has helped us understand how to negotiate. We recognize what the other side is seeking, what would be within reasonable expectations for a settlement, and how to put the right pressure to get a stronger offer if possible.

Our negotiation on your behalf also helps you avoid communication with the insurance company, which is the likely party on the other side of the process. They will be paying close attention to any time you are discussing the accident to hear if anything you say sounds like taking responsibility for the accident. They will look for anything that could be used to make it seem as though you are at fault for the accident to justify a lower settlement value.

The presence of a lawyer can also lead to the other side taking the process a little more seriously, as they will be reluctant to make a low offer that they may make to a more novice negotiator. They may also realize that the threat of investigation is very real when another lawyer is involved. This could lead them to accelerate the process with more impactful offers if their aim is to avoid going to court.

Litigator

Unfortunately, there are some situations where a reasonable settlement just cannot be reached. If that is the case, then going to court will need to be the next step. Unlike some attorneys, we have no hesitation in taking the claim to court if that is the right thing for our clients. We are prepared to argue the fault of those other parties and prove why the compensation that you are seeking is reasonable.

Proving Fault in a Truck Accident

The key to being able to collect compensation for a truck accident claim in Lake Charles is that you must be able to demonstrate that the defendant was at fault for the accident. To make this case, your Lake Charles personal injury lawyer will often have to rely on the evidence that is available regarding the accident, including:

• Photos and video
• The police report
• Eyewitness testimony
• Expert witness testimony

Your lawyer will need to demonstrate three elements of negligence to demonstrate fault on the part of the defendant. These elements are:

• A Duty of Care. This means that the defendant had a duty to consider the risks of their actions and to take reasonable precautions to prevent others from additional harm. This duty is generally well understood anywhere trucks and trucking operations are involved because of the danger and threat that a truck poses.
• A Breach of Duty. This occurs when the defendant fails to meet their duty of care that is expected of them in the given circumstances. However, what a breach looks like will differ depending on the cause of the accident. For the driver, this could involve not following traffic laws, but for a part manufacturer, a breach could be producing and selling a faulty part that caused the accident.
• Cause of Injury. Finally, the defendant is only liable to cover the costs of the injuries that they caused. This means that once the breach is established, it must be shown to be the direct cause of the injuries. In most cases, this means demonstrating first that the breach caused the accident and then showing that the accident was the direct cause of the injuries that you suffered.

FAQs

Q: What Is Compensated in a Truck Accident Claim?

A: What is compensated in a truck accident claim is typically paid out in two forms of damages. Economic damages address the costs of the accident, which have a clear financial element, such as medical bills, the costs of vehicle repair, and lost wages. Non-economic damages will cover those costs that lack any direct financial element, such as pain and suffering, mental anguish, loss of enjoyment in life, and other psychological costs.

Q: How Could Comparative Negligence Impact My Claim?

A: Comparative negligence could impact your claim by reducing the total amount of damages that you are able to collect. These rules allow the plaintiff in a personal injury claim the opportunity to argue that the defendant was at fault for their own injuries.

If the court agrees, then your damages can be reduced proportionate to the share of fault that you are determined to have. For instance, if you are awarded $50,000 in damages but are found to be 20% at fault, the final compensation will be $40,000.

Q: Who Could Be Liable in a Truck Accident Claim?

A: In a truck accident claim, there are a number of potentially liable parties, and there could be more than one involved. For instance, in many cases, the truck driver is likely to be a liable party; however, that doesn’t mean that they are the only one who contributed to the accident.

The driver’s employer could be at fault. Someone involved with the freight may also have contributed to the accident. Even the government overseeing the road where the accident occurred may be to blame. One of the most important things your lawyer will do is identify who should be at fault for the accident.

Q: Should I Settle My Claim or Bring it to Court?

A: Whether you should settle your claim or bring it to court will depend on the specifics of the kind of settlement you have been offered. Generally, most personal injury claims, including truck accident claims, will be settled out of court because it offers advantages to both sides. Specifically, a settlement often means receiving funds months or years earlier, and it avoids the inherent risk of taking a claim through litigation. It is possible that a settlement could be the right option for you.

Get Help Seeking Compensation for Your Truck Accident Injuries

Truck accidents are some of the most dangerous and also complex accidents that can occur on the road. There is usually significant damage to a vehicle, serious physical injuries leading to large medical bills, and a substantial psychological impact. While these costs are the responsibility of those at fault for the accident, it can be challenging to identify the party or parties who caused the accident and see that they are held accountable.

The team at Sanchez Burke, L.L.C., understands how to identify the liable parties and fight for your compensation. Our experience, knowledge, and dedication can make the difference in your claim. We often can reach a fair settlement for our clients without needing to go to court, but we are also willing to make their case before the judge if that is what is needed. Contact our team for help if you’ve been injured in a truck accident.