Articles Posted in Truck Accidents

18-Wheeler-FailureIn the early morning hours of December 18, 2017, an 18-wheeler flipped over on I-10 East in Louisiana, effectively bringing Gonzales traffic to a standstill. It took three hours to clear the scene which included a roadway drenched with diesel fuel leaking from the big rig.

At its worst, traffic delay reached 7 miles in length. Luckily, no one was killed as a result of this accident.

While it may be uncertain as to what exactly caused this particular 18-wheeler to tip, often times it can be attributed to a failure of some sort within these large trucks. At Cardone Law Firm, we have worked in a variety of 18-wheeler accident and personal injury cases. Our dedicated and trusted New Orleans attorneys recognize that a mechanical failure in these gigantic vehicles can quickly lead to tragedy.

Few vehicles grab our attention like the 80,000-pound monsters known across the nation as semi-trucks, 18-wheelers, or trailer tractors. We travel alongside these behemoths every day, watching their every move and doing our part to avoid an incident.

But sadly, we often see they are the cause of tragedy.

In 2015 alone, there were over 32,000 fatal crashes on the nation’s roadways, with nearly 4,000 (11.9%) involving at least one large truck or bus. That doesn’t account for an additional 476,000 nonfatal crashes. And the number of incidents involving these large truck is only increasing.

In the immediate aftermath of a collision with a large truck, tractor-trailer, or 18-wheeler, time is a factor. These types of collisions often have devastating consequences for those involved including serious injuries and potential fatalities. If you were involved in an accident involving a large truck, you need to seek medical attention first, and afterward, it is important that you speak to an experienced truck accident attorney who can help you seek fair and reasonable recovery for your injuries. You’ll be fighting against the statute of limitations, the decay of evidence, and the trucking company and their dedicated team of lawyers, so act quickly after your accident to protect your rights.

When accidents happen, the pain and stress of being injured or losing a loved one can quickly become overwhelming for victims and their families. Cardone Law Firm understands the tragedy surrounding accidents involving large trucks and we have made it our mission to help families like yours. We have secured over $31 million in settlements and judgments for individuals after reckless drivers got behind the wheel of large trucks and changed their lives forever. Contact our firm for a free consultation and learn more about how we can help you fight for what you deserve. Phone Cardone at (888)-892-2736 or (504)-522-3333 today.

Statistics You Should Know

truckEach year, thousands of people are injured, and more than 100 killed, in vehicle accidents involving semi trucks. A late December accident near Shreveport was just another example of this, with two people dying in a DeSoto Parish crash. Any accident involving a semi truck is potentially extremely dangerous or even catastrophic, given that a fully loaded semi truck can weigh 75,000 pounds or more, as compared to a 5,000-pound passenger vehicle. If you’ve been hit by a semi truck, you may have suffered serious and possibly life-altering injuries. It is important to act promptly to protect your rights, including retaining experienced Louisiana truck accident counsel to advocate for your rights and a proper recovery under the law.

The DeSoto Parish crash took place three days before Christmas. The 24-year-old Hudson was driving his pickup truck across Interstate 49 at around 7:00 pm when he encountered a semi truck driven by a 59-year-old Shreveport man named Charles. Hudson rear-ended Charles’ big rig. After those two vehicles collided, another semi truck, driven by a 34-year-old Texas man, rear-ended Hudson’s pickup, which caused those two vehicles to burst into flames. The accident killed Hudson and the second commercial truck driver, reported. Reports indicated that police did not know why Hudson rear-ended Charles’ truck, and the reports also did not indicate what exactly caused the pickup and second semi to burst into flames.

When you are injured, or a loved one is killed, in a crash involving a semi truck, it is important to take the steps necessary to protect your rights. When you are hurt by a driver of a passenger vehicle, you can seek recovery from that driver and his or her insurance company. When a crash involves a semi truck, the issues can be more complex. Depending on the facts of your case, the law may give you the opportunity to hold multiple commercial entities responsible for the harm you suffered. In addition to the driver, these commercial defendants may include the owner of the commercial truck and the business that employed the truck driver, among others. These issues can become even more complex and may involve claims against even more people and companies when, as was the case in this DeSoto Parish crash, multiple commercial trucks are involved.

tractor trailerWhen an accident causes injuries that include permanent paralysis, the level of harm is often catastrophic. You may be entitled to multiple different types of damages, depending on the nature of your injuries. A skilled Louisiana truck accident attorney can help you make sure you get everything to which you are entitled.

One recent case demonstrated the sort of catastrophic injuries that can occur. The case arose from a terrible accident along Highway 90 on the outskirts of Lafayette. Ronald was driving to work along Highway 90 in a dense, heavy fog. The intersection of Highway 90 and Austria Road was one controlled by a flashing light. Highway 90 traffic had a yellow flashing light, and Austria Road traffic had a red flashing light (and a stop sign). As Ronald approached the Austria Road intersection, he saw an 18-wheeler in the road. The semi was traveling straight through the intersection on Austria Road and had not cleared the intersection. Ronald tried to stop but slammed into the rear wheel of the truck.

The impact resulted in Ronald suffering permanent paralysis from the chest down. Before the accident, Ronald was an active person with a job. After the accident, Ronald was not even able to care for himself. He also developed diabetes after the accident.

truckaccidentcardonelawfirm-300x200There are many rules, doctrines, presumptions, balancing tests, and other concepts written across the law, including when it comes to personal injury law. That is why knowledgeable Louisiana injury attorneys are so important to your personal injury case. You certainly know the facts of your case. But do you know how to go about obtaining the evidence you need? Do you know which legal concepts will apply to your case? One concept that can affect many types of personal injury cases is the “duty-risk analysis.”

Last year, the Court of Appeal looked at a case involving a fast food customer injured by a cup of hot coffee. In making its decision in that matter, the appeals court pointed out the four factors that go into the duty-risk analysis:  “(1) Was the conduct in question a substantial factor in bringing about the harm to the plaintiff…? (2) Did the defendant(s) owe a duty to the plaintiff? (3) Was the duty breached? (4) Was the risk, and harm caused, within the scope of protection afforded by the duty breached?” In other words, did the defendant cause the injury, did the defendant have a duty to the plaintiff, did the defendant violate that duty, and was the injury suffered within a reasonable “scope of protection” of the duty?

In last year’s coffee case, the plaintiff lost because she admitted that she lifted the drink from a drink holder by grabbing the lid. The plaintiff had a problem with the first element, in that she lacked proof that the defendant’s conduct caused the injury.

flatbed truckWhen you are injured in an accident, there are many things that will go on in your trial. One part of your trial will center around deciding how to allocate blame for the accident among you, the defendant, and any third parties. Just because a jury may find you partly at fault doesn’t mean that you automatically recover nothing. In one recent case, the Louisiana Court of Appeal affirmed a jury’s finding that a pedestrian was largely to blame for his accident but still increased the pedestrian’s damages recovery from $54,600 to $80,600.
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Tow truckRecently  a tow truck rammed into a mid-city parking lot killing three and injuring one.  The tow truck driver was also transported by EMS to a local hospital for injuries he sustained.

According to preliminary reports, the tow truck driver lost control and struck pedestrians waiting at a bus stop as well as four parked vehicles. While investigators are still trying to ascertain what caused the devastating accident, the ultimate question is: Who will be found liable for the damages?

In Louisiana there are two types of damages: 1) compensatory damages and 2) punitive damages. The purpose of punitive damages is to punish and deter certain types of conduct which the law finds to be particularly egregious. Punitive damages are explicitly provided for only in certain circumstances such as: intoxicated drivers, sexual crimes against children, and domestic violence. Punitive damages are the additional damages, which are received over and above compensatory damages. So if for example, the tow truck driver was found to be intoxicated and the intoxicated state was found to be the cause of the collision, the individuals who were injured could potentially recover punitive damages.