Most people do not realize that almost 50% of Louisiana is covered by forestland. With approximately half of our state being covered in this resource, timber ranks as the second-largest industry in Louisiana. With the size of this renewable resource comes extensive transportation throughout the state by log trucks. It should come as no surprise that log truck accidents often occur on our Louisiana roadways.
Because transporting logs can be extremely dangerous, Louisiana law places certain restrictions on the conditions under which log trucks can operate. Many of these laws are aimed at reducing log truck collisions. At the Cardone Law Firm, we are committed to helping victims injured in log truck collisions understand which Louisiana laws work to their benefit in proving their legal case.
Lumber and logging truck accidents often result in devastating injuries because the load of the logs often contributes to the severity of the crash. You may see many attorneys out of state advertising for log truck accidents, but when it comes to log truck accidents in Louisiana, you are doing yourself a disservice by not hiring a lawyer who regularly and routinely practices trucking law here. This is so because Louisiana law differs greatly from the law of other states.
At the Cardone Law Firm, we have represented clients injured by log trucks, and we have also represented log truck drivers injured by the negligence of other drivers on the road. We pride ourselves on being intimately familiar with Louisiana logging truck law, which helps us to establish who is at fault for these often-severe trucking accidents. The first place we always start is with an analysis of Louisiana laws regulating log truck drivers and operators.
Log trucks are regulated by the Louisiana Highway Regulatory Act. Louisiana laws put regulations on the lengths of piling and forest products that can extend from the rear of the vehicle. Certain types of log trucks can only operate during daylight hours and must display a red flag at the rear of their load. Whether the log truck is prohibited from operating at night depends on the type of load and the length of the rear projection of the load.
The Louisiana regulations and their interplay with Louisiana court cases previously decided, are essential to determining fault. One Louisiana court has held it is absolute negligence for a log truck to operate outside of the legal hours of operation with an oversized load. In Thompson v. Colony Insurance Company, the Louisiana court found the log truck driver was 100% at fault for the accident because he was operating at night and his load exceeded 15 feet from the rear of his truck.
These regulation violations often require an in-depth assessment by an attorney because even the Louisiana State Police can miss these violations when determining who is at fault for an accident.
Log truck drivers are considered professional drivers by the courts in Louisiana. Because they are considered professionals, they are held to a higher degree of care. Put another way, they are held to a higher safety standard than that of the regular driver on the road.
There are strict maintenance requirements for lumber and log trucks. This is so because poor log truck maintenance can greatly contribute to causing an accident on the highway. We’ve all been behind a log truck that seems to have debris flying from its rear. We’ve probably all also seen a log truck that appears to be overloaded.
Flying debris from a log truck can blind the driver following behind it. Overloading with lumber can cause a log truck to be unable to stop in enough time to avoid a collision. Overloading can also lead to a greater chance that the truck will overturn.
Legal regulations are placed on log trucks to ensure the load is safely secured and arrives at its destination without issue. Regulations exist that govern the size, length, and weight of the logs being transported. Regulations also exist to ensure the load is secured properly during transportation.
In addition to assessing any regulation violations, we will conduct a full legal analysis to determine whether any other factors could have caused or contributed to the wreck. As we all know, Louisiana roadways aren’t the best in the nation. The conditions of our roadways and several other factors must be assessed when determining who is at fault for a log truck accident. These factors include:
Log trucks are amongst the largest vehicles you will find on Louisiana roads. Due to the great demands that are put on log truck drivers to deliver their product quickly, and seasonal setbacks such as rain, log truck drivers can often find themselves in difficult positions. The position of being required to drive fatigued or hastily to meet their employer’s demands and make ends meet.
Because log truck drivers are often independent contractors, meaning they are only paid based on the loads they haul, they may feel these pressures even greater. When those behind the wheel are fatigued or are in a rush to meet demands, this is the perfect storm for a collision to occur. Research and prior cases have proven that accidents are more likely to occur when employees are under pressure. These are factors that we always assess in every case to determine whether these human factors played a part in causing the collision.
Cliff Cardone understands the seriousness of properly evaluating all facts associated with each log truck accident. We believe no detail should go unexamined and are strictly committed to helping injured victims in Louisiana properly and fully assess their legal case. You may see other attorneys advertising that they handle log truck accidents in all 50 states – not us. We have one singular focus, and that is helping people who were injured in Louisiana on Louisiana roadways. We handle logging truck accidents all throughout this state and have successfully represented residents of other states injured here by log trucks in Louisiana. To speak with us for a free consultation about any of your logging truck accident questions, you can give us a call 24/7 at 866-692-3261.
Cliff Cardone is a leading personal injury attorney with experience practicing before the United States and Louisiana Supreme Courts. His most recent log truck success story was in 2018 when he obtained in excess of 1 million dollars for a log truck driver who was injured when a Louisiana state employee ran a stop sign in a state-owned vehicle. Cliff handled the case for over 7 years. The case was brought to a conclusion in 2018 with Cliff getting the client compensated over and above the limits Louisiana puts on general damages, and with Cliff defeating the state's defense experts, who argued the log truck driver did not suffer a brain injury.
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