18 Wheeler Accidents
Many companies use 18-wheelers to transport goods across the country, and numerous 18-wheelers travel the roads in Louisiana each day. While the immense size of 18-wheelers makes them useful for moving cargo, it also makes them more dangerous. When an 18-wheeler is involved in an accident, the consequences are often catastrophic. In most cases, however, the accident could have been avoided if the driver of the 18-wheeler had exercised due care. The driver who caused the accident should be held responsible for any harm that ensues. If you were injured in an 18-wheeler accident, you should consult New Orleans 18-wheeler accident lawyer Cliff Cardone. He offers the skills and experience needed to help you seek a favorable outcome.Common Causes of 18-Wheeler Accidents
Due to the inherent risks posed by 18-wheelers, the Federal Motor Carrier Safety Administration has imposed regulations that are designed to ensure that they can be operated safely. Specifically, the regulations limit the number of hours that a driver is permitted to operate an 18-wheeler per day and per week, and they impose restrictions regarding truck weights. The regulations also impose duties regarding training, certifications, and pre-trip and post-trip inspections.
If a driver fails to comply with any of these obligations, it may lead to an accident. For example, if a driver exceeds the number of hours permitted, he or she may be tired and fail to pay proper attention to the road. Similarly, if a driver overloads a trailer, it can cause a rollover accident. Accidents also can be caused by driving too fast for conditions, or a driver's failure to account for vehicles in the truck's blind spots. An 18-wheeler accident attorney in New Orleans can investigate the specific factors that caused your accident.Proving Liability in a Lawsuit Arising Out of an 18-Wheeler Accident
In most lawsuits stemming from 18-wheeler accidents, the plaintiff will allege that the driver of the 18-wheeler was negligent. In Louisiana, to recover damages in a negligence claim, a plaintiff must establish that the defendant owed the plaintiff a duty and that the defendant breached the duty owed. Typically, the duty owed is the care that a reasonable person would exercise in similar circumstances. In cases in which there are duties imposed by laws or regulations, a violation of the statutory duty can be used as a basis of imposing liability. After the plaintiff establishes a duty and a breach, he or she must show that the breach was the cause-in-fact of his or her harm. In other words, the plaintiff must show that, but for the defendant's behavior, the plaintiff would not have incurred damages.
In many cases, the driver of the 18-wheeler involved in the accident will be driving on behalf of a company. Thus, in addition to pursuing claims against the driver of the truck, the plaintiff and their New Orleans 18-wheeler accident attorney may be able to pursue claims against the driver's employer. The plaintiff can allege that the employer should be held accountable for the driver's negligence under a theory of vicarious liability. The employer may also be held directly liable for negligently hiring or supervising the driver if the plaintiff can prove that the employer knew or reasonably should have known that the driver posed a risk of harm to other people.Consult an Experienced Personal Injury Attorney
If you were injured in an accident with an 18-wheeler, you should consult an experienced attorney to discuss the circumstances surrounding your harm and the compensation that you may be able to recover. Cliff Cardone at the Cardone Law Firm is a trusted personal injury attorney who can craft persuasive arguments on your behalf to provide you with a strong chance of obtaining a successful result. Mr. Cardone assists victims throughout Louisiana. PHONE CARDONE. You can reach us at 504-522-3333, or through the online form to schedule a free and confidential consultation with an 18-wheeler accident lawyer in New Orleans.