Why are truck accidents in Louisiana so costly?

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Baton Rouge, LA – Semi truck collisions and other accidents involving large commercial vehicles tend to be much more expensive than standard motor vehicle accidents. The companies that own and operate these vehicles also need to have special insurance policies that can cover millions of dollars worth of damage if necessary. 

Cargo costs

Most truckers will be transporting several thousand dollars worth of cargo at any given time. In a severe accident, it is likely that this cargo will be a total loss. Trucks that have fuel tankers or other hazardous materials present additional dangers, as special cleanup crews need to report to the scene if these kinds of materials are spilled onto the roads. Ultimately, the company transporting these items will be financially responsible for any losses that they cause. 

Higher risk of serious injuries and fatalities

The truck drivers along with any other people in vehicles that were involved in the crash are at a much higher risk of being seriously hurt or sustaining fatal injuries. This is due to a combination of factors such as the fact that trucks are much larger and heavier than other vehicles on the road, and drivers need to operate at high speeds on highway roads to get to their destinations on time. 

Issues with drivers

Unfortunately, the pressure and stress of meeting deadlines and driving for extended periods of time can cause problems for truck drivers. Substance abuse is a known issue among drivers, and some may also skip out on required breaks or vehicle maintenance. A driver who is impaired or not following hours of service regulations may be fatigued and much more likely to cause a severe accident. Because insurance companies are aware of these risks with drivers, their policies factor this kind of risk into the cost. 

Lawsuits to recover losses

Liability insurance is required for all commercial drivers because it is likely that there will be lawsuits by accident victims to recover their losses. People who are injured can try to make the driver or company pay for their medical treatment, lost wages, and pain and suffering. Companies that sustain financial losses due to the cargo issues may try to bring civil cases against the driver or trucking company as well. The insurance policy should cover most of these costs so that the business does not have to pay these costs out of their own finances. 

Help from a truck accident attorney

Anyone who has been injured by a truck driver in the Baton Rouge area has the right to talk with a lawyer and retain legal help. Miller, Hampton, and Hilgendorf is a firm that focuses on personal injury lawsuits in Louisiana. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What are some reasons car insurance will not cover losses in Louisiana?

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Baton Rouge, LA – Many people who are involved in an accident or have other issues with their car are surprised to find that their losses may not be covered. There are a number of different reasons why this happens, and policyholders should always check their terms and contact their insurance provider with any questions. In cases where an insurance company may be acting in bad faith or violating their own terms, it is important for an accident victim to get assistance from a lawyer to protect their financial interests. 

Forms of damage that are not eligible for coverage

Car insurance is mostly meant for various kinds of accidents and unintentional damage. This means that all forms of mechanical problems and normal wear on the vehicle are the responsibility of the owner. Insurance is not a solution for various issues that cause a vehicle to lose value over time.  

Even things like theft and vandalism are only covered if the driver has purchased a comprehensive policy, which is not required by law in Louisiana or any other state. Comprehensive coverage can be an additional cost that many drivers are simply unwilling to pay.  

Mistakes and administrative errors

Dealing with a car insurance company can sometimes be a hassle. Much of the burden of collecting and providing evidence of losses is on the accident victim. Adjusters will often try to underestimate vehicle damage and save the provider money, then the victim will need to spend more time on an appeal process to get a different damage estimate. This can consume large amounts of time, and many drivers do not fully defend their own rights because they simply do not have the free time and resources to deal with an insurance company properly. 

In addition to these issues, insurance companies sometimes make legitimate mistakes as well. They may tell a driver that a certain type of damage is not covered, or deny a claim even if they are not acting according to the terms of their own written policy. In cases where an auto insurance company is being unfair, advice from an accident attorney is recommended. 

Attorneys who handle issues with insurance and accidents

The best option for anyone who has been involved in a collision and filed a claim is to get legal help as well. The attorney can deal with the insurance company and make sure that the claimant is treated fairly and compensated properly. 

Louisiana accident lawyers

Miller, Hampton, and Hilgendorf is a personal injury firm that assists local clients in the Baton Rouge area with their civil lawsuits. Anyone who needs legal help can contact the firm to learn more. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Why do most accident cases in Louisiana end in a settlement?

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Baton Rouge, LA – After someone is injured in an accident and files a lawsuit, their case may either end in court through a trial or with a settlement agreement. Settlements have become much more common than trials because they tend to be efficient and cost effective when compared with a full trial that needs to take place in a courthouse. A lawyer who is representing a client may give specific reasons why they should accept a settlement in their case.  

Data related to settlements

Recent data for injury lawsuits around the United States shows that well over ninety percent of all of these cases will end with some kind of settlement and not go to trial. This is because almost everyone involved in the process will benefit in some way, usually through saved time and money, by not going through with a trial. The small number of cases that do go to trial are usually because of contested evidence or the client having a strong conviction that they want their day in court. 

Negotiations

The lawyers for each party and any insurance company involved may have to negotiate extensively as more information becomes available through the discovery process. However, these negotiations do not have to comply with court formalities and rules of procedure. All parties involved generally want the negotiations to end as quickly as possible, so there are shared incentives for the case to be closed and the client to be paid. Court hearings often need to be scheduled days or weeks in advance, which makes this kind of negotiation much faster as well. 

Legal fees

Almost all lawyers who deal with accidents and injuries will charge a contingent fee for their services, rather than billing up front. This means that the client only pays the lawyer if the case is successful, and a percentage of the compensation goes to the lawyer. Legal services become more accessible in this manner as clients do not need to have money to pay up front to begin the process of representation. When considering settlements versus trials, the client is normally charged a much smaller contingent fee if the attorneys do not have to bill the person for time spent in court. In this manner, settlements also reserve more of the actual winnings for the client when compared with having to pay for various fees associated with trials. 

Accident firms in Louisiana

Miller, Hampton, and Hilgendorf is a firm that is available to assist accident victims with the process to receive compensation. Anyone who needs help from a lawyer in the Baton Rouge area can contact them to receive advice.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

How does an accident victim prove that a truck driver was negligent in Baton Rouge?

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Baton Rouge, LA – Negligence is an important legal concept that helps accident victims receive compensation through the civil courts. Truck driving is also a very dangerous profession where even minor mistakes can result in serious injuries and financial losses.Anyone who has been hurt by a truck driver will need to collect evidence and present arguments to prove negligence if they want to be compensated.  

The elements of negligence

There are four standard elements in all negligence cases. These are a standard duty of care, a breach of that duty, causation, and damages. All four elements must be shown through evidence for a plaintiff to succeed in their lawsuit against a trucking company. 

A duty of care is required by all drivers, as they are supposed to obey relevant traffic laws and regulations. Things like traffic citations or not following the required trucking regulations are strong evidence of negligence that all often prove that the duty of care on the roads was breached. 

Common types of negligence involved in truck driving accidents

Truckers can drive for excessive hours and become fatigued, which makes them much more likely to cause an accident. For these reasons, there are hours of service regulations to prevent driving for long periods of time without a break and mandatory rest periods. Drivers are also supposed to keep logs of their work times to ensure that they are complying with these kinds of rules. Any deviations from rules related to working and taking breaks at proper times may be used as evidence of negligence.  

Violations of weight limits can also become a serious problem. Heavy cargo may move around because it is difficult to secure, and the trailer of a semi truck can easily lose its balance and turn over on the roads. If this happens at a high speed on a road with lots of traffic, the results can be catastrophic. If a driver or other workers responsible for the loading process did not follow these rules and secure the load properly, they were likely negligent and any responsible parties can be attached as defendants in a  civil lawsuit. 

Substance abuse issues among truck drivers are a serious problem. Any driver who is under the influence of drugs or alcohol while driving is breaking the law, and they may be sued in civil court after an arrest if they injure others. 

Legal advice after any kind of motor vehicle crash

Miller, Hampton, and Hilgendorf is an experienced group of attorneys in Baton Rouge. They focus on helping local accident victims receive compensation for their injuries. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What absolute speed limit laws are in effect in Louisiana to prevent accidents?

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Baton Rouge, LA – Ensuring that drivers travel at a reasonable speed is one of the most important ways for any government to keep people safe on the roads. However, there also needs to be considerations related to the flow of traffic and avoiding congestion. Louisiana has adopted speeding laws that tend to vary based on the type of roads in question, along with other conditions. If a driver is traveling faster than the absolute speed limit, they may be stopped by the police and receive a citation. If the driver causes an accident while speeding, they may possibly be sued and evidence of speeding will be used to help prove negligence. 

State laws for speeding

The Louisiana Department of Transportation has stated that the following absolute speed limits apply throughout the state unless otherwise posted. A limit of seventy miles per hour on interstate highways, sixty five miles per hour on divided lane highways with multiple lanes, and fifty five miles per hour on many other roads. Areas that are zoned for residential use, schools, construction, and businesses are generally subject to much lower speed limits. Absolute speed limits are shown by a standard black and white sign, but there are also yellow advisory speed limit signs near curves and other obstacles.  

In addition to these limits, the state also routinely uses data related to traffic, accident history, and construction to determine when speed limits need to be modified. The state has found that drivers who proceed while staying at or close to the speed limit tend to be much less likely to be involved in an accident than those going too fast or too slow. 

Suing a speeding driver

Anyone who was struck by a speeding driver should remain at the scene and contact the police. They will begin their accident investigation, and they may issue citations to the driver who was speeding. Both the report and the ticket can be used against the driver in a civil lawsuit. If the driver is found to be at fault, they will have to pay for medical treatment, lost wages, and other losses caused by their speeding and negligent driving. Legal advice is recommended for anyone who believes that their injuries were caused by a careless driver. 

Assistance from local attorneys in Louisiana

Miller, Hampton, and Hilgendorf is a firm that helps people who have been involved in accidents in the Baton Rouge area. Their attorneys can provide advice about the process of filing a civil injury case against the party responsible for any losses. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What happens when damage from a car accident costs more than an insurance policy will cover?

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Baton Rouge, LA – All auto insurance policies have certain limits built into their terms. This means that a driver is only paying for a certain amount of coverage, and there is no auto insurance that will definitely pay for any and all damage associated with an accident. There are ways that accident victims can receive compensation for losses not covered by their policy, but this normally involves filing a lawsuit in addition to an insurance claim. When considering these issues, drivers should realize that an insurance policy is not always a perfect solution to solving all of the problems caused in a car crash. 

The policy limit

The average auto insurance policy may cover several thousand dollars of damage. This type of coverage for basic liability is required in Louisiana and all other states in the country. However, if the total losses associated with the crash exceed what the insurance company is required to pay based on the terms of the relevant policy, the victim is essentially left on their own. Mandatory insurance requirements tend to factor the average costs of an accident, but people who sustain severe injuries and other financial losses may face serious consequences due to not being able to pay for medical treatment and other important expenses. The insurance companies generally do not want to cover these kinds of accidents due to the need for profits and the risk of paying out very large claims. 

Personal injury lawsuits

People who have been injured in a car crash always have the right to discuss their situation with a local lawyer. Most people who find themselves in a situation where they need to speak with a lawyer have expensive medical bills, lost income and wages, and other financial problems caused by their accident. The good news about injury lawsuits is that they can summarize all of these costs, and argue that the defendant must pay for all of these costs due to their negligence. The plaintiff’s attorney will essentially have to prove that the defendant was not careful enough while driving, and that they were the direct cause of the injuries to their client. In most situations, the lawyers for both sides will come to a settlement that pays for most of the plaintiff’s losses. 

Meeting with experienced accident lawyers in Louisiana

Miller, Hampton, and Hilgendorf is a firm that focuses on helping people who were hurt in an accident in the Baton Rouge area. Their attorneys can provide representation and advice about how to bring a lawsuit against the person or business responsible for any injury. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What should an accident victim do after an accident involving a hit and run driver in Louisiana?

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Baton Rouge, LA – When a person is involved in an accident, then they drive away without making contact with anyone they can be arrested. Unfortunately for the accident victim, this may also make the process to file an insurance claim and receive compensation more difficult, especially if the person cannot be located. There are some steps the driver should take to maximize their chances of success. 

Penalties for leaving the scene

Louisiana treats the crime of leaving the scene of an accident more seriously than many other states. There is a mandatory license suspension for the suspect until the case ends with a disposition or dismissal. If there were fatalities or serious injuries, the suspect may lose their driving privileges permanently. All drivers who illegally leave the scene of an accident can be fined up to five hundred dollars, or they may spend as much as six months in jail. The penalties increase if the person was drunk at the time of the crash, or if they cause any kind of injury or serious harm to others and drive away. 

Contacting the police

The drivers involved in a car accident should contact the police after any accident involving injuries or property damage, and this is also true if one or more cars involved have left the scene. The victim should give a description of the vehicle to the police to start the process of an investigation and create a report of the incident. They may also give instructions on how to receive updates on the case and see if the driver was ever located. 

Insurance issues

The insurance provider should be notified after any accident, even if the other party cannot be located. It may be difficult for the victim to receive any insurance claim money unless they have purchased uninsured or underinsured motorist coverage, which is not required by law. The insurance company should give specific instructions regarding how they handle claims related to drivers who have left the scene. 

The possibility of a civil lawsuit

All drivers who are at fault for an accident can be sued in civil court as well, even if they are charged criminally for their actions during the same incident. The victim can add up their medical costs, lost wages, and other types of losses and try to make the person responsible pay through a settlement or jury trial. 

Help from experienced accident lawyers

Miller, Hampton, and Hilgendorf is a personal injury firm in Baton Rouge, Louisiana. Accident victims can speak with their attorneys to decide if a lawsuit is necessary and learn more about the process to receive compensation. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What are some issues accident victims in Louisiana should think about before deciding to file a personal injury lawsuit?

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Baton Rouge, LA – Accident victims always have the right to try to win an injury lawsuit if they choose to do so. This will help them pay for things like medical treatment and wages lost during time away from work. However, firms also have discretion in any given case regarding whether they feel it is worth the time and money investment to represent a person who wants to bring a civil case. A review of some factors can determine whether legal action is necessary.

Will the victim be able to show negligence by the defendant?

While Louisiana uses a system of comparative negligence where a plaintiff who is partially at fault can still recover their losses, there will still need to be some fault by the defendant. Victims should try to gather any evidence that they can, report the accident as soon as possible, and review the evidence with an attorney. The lawyer can give advice regarding whether it will be realistic to try to show fault by the defendant based on the available information. 

Contingent fees make it unnecessary to invest money in legal services to get started

Almost all personal injury firms charge their clients on a contingency fee basis. This means that the client does not pay until the conclusion of the case, they pay out of the compensation that the firm earns for them, and they do not owe the firm anything if they fail to recover any damages. This is a very beneficial fee structure, as it is unlikely that an accident victim who is dealing with medical costs will have additional money at the time to invest in legal fees. 

How much time has passed?

Louisiana has a short one year statute of limitations to bring an accident lawsuit. If the victim has waited too long, they will not receive any compensation. 

Is legal representation required?

It is technically possible for an accident victim to bring their own lawsuit. This is called pro se litigation. However, people who have legal representation tend to earn more money from settlements and verdicts, and they resolve their issues quicker. It is also possible that someone without legal experience will make a crucial mistake that can jeopardize their ability to receive any compensation at all. 

Help from Louisiana injury attorneys

Miller, Hampton, and Hilgendorf is a firm that provides advice related to personal injury lawsuits in the Baton Rouge area. Their attorney can help accident victims decide if a lawsuit is necessary and assist during the process of court hearings and settlement negotiations. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Will an insurance policy’s accidental death benefit cover expenses after a San Diego car crash?

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California – May 5, 2021

A driver lost control of his Mitsubishi Galant for unknown reasons while heading west on East Valley Parkway leading to the fatal injury of the 77-year-old motorist in a solo car crash in an Escondido commercial district.  The car crashed into a palm tree, struck two metal poles and overturned in a restaurant’s outdoor food-service enclosure.  Paramedics took the driver to Palomar Medical Center, where he was pronounced dead. When accidental death is the outcome of a solo car accident, an accident attorney may be able to help families recover necessary damage compensation.

Accidental death benefit.

The accidental death benefit (ADB) of an automobile insurance policy pays for death expenses if, in a covered auto accident, bodily injury causes the death of the policyholder, or a covered family member. The benefit paid is according to the terms of the specific ADB policy.  If motorists suffer fatal injury in a car accident and they do not have accidental death benefit coverage, the family will bear the expensive costs of funeral and burial arrangements.  When individuals have other car, or life insurance that pays death benefits, this coverage may not be required.  

Single vehicle rollover crashes often result in significant bodily harm, property damage, and fatal injury for many motorists, requiring investigations to reveal the cause.  Automobile insurance policies that have an accidental death benefit rider, will enable surviving loved ones to access monies to pay for medical treatment and funeral expenses while awaiting the investigation outcome to determine if some outside force played a negligent role in the accident.  A car accident attorney can review the policy’s accidental death benefit rider and check the personal injury protection coverage (PIP) to ascertain what costs will be covered by insurance.  

Fault state.  

If the accident investigation reveals that negligence of another caused the accident, a personal injury attorney can speak with insurance carriers and initiate civil action when it is necessary to recover damages for surviving loved ones. Blatant negligent acts in the State of California may have added to the over 3,600 lives lost to accidents in 2019, resulting in criminal and civil lawsuits.  California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance, and there is a two year time period to file a suit after an accident. 

Hire an attorney. 

A California accident attorney can guide actions after a car accident results in an untimely death to ensure future financial stability for dependents of the person who died.  They can work with insurance companies to expediently pay costs related to funeral and burial expenses, and address losses sustained to property, medical bills, lost wages, or future expenses incurred by the estate of the person who died.  The Law Offices of Jeffrey E. Estes & Associates can assist surviving loved ones with insurance claims after a fatal injury caused by a single car rollover crash.     

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650 

San Diego, CA 92101 

Phone: 619-233-8021 

Fax: 619-233-3730 

Sources:

https://www.iihs.org/topics/fatality-statistics/detail/state-by-state

https://fox5sandiego.com/news/local-news/driver-killed-in-rollover-crash-near-escondido-intersection/23103.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

Car accident attorneys can explain damage recovery options after DUI crashes in San Diego.

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California – May 10, 2021

The National Highway Traffic Safety Administration (NHTSA) estimates that approximately one-third of all U.S. traffic deaths are alcohol-related to some degree.  Driving under the influence (DUI) may have caused an accident in San Diego County leaving two motorists gravely injured according to a California Highway Patrol representative.  The accident occurred when a 56-year-old Valley Center man lost control of his 2008 Ford F-450 on Valley Center Road near Lilac Road veering off the roadway, hitting a fire hydrant, returning onto the roadway and crossing into the median strip where he struck two trees and crossed into the northbound lane where he subsequently collided head-on with a 2018 Lexus ES350.   Both drivers were transported to the hospital with serious injury and alcohol may have been a causal factor to the crash.  A California personal injury attorney can answer accident victim’s questions regarding damage recovery options.

Car Insurance and liability. 

Car insurance is a requirement for California drivers and provides a means to cover costs related to harmful losses resulting from a car accident.  California law recognizes responsibility for any part of negligent acts that lead to injury of another person, and insurance compensation is adjusted in accordance with the percentage of fault assigned to each driver.  A San Diego injury lawyer can assist victims with the valuation of damages after an accident that will usually include economic and non-economic damages.  There are rare instances when punitive damages are awarded and an accident attorney can explain the possibility of punitive damages for individual cases when DUI is involved.  

Criminal charges may impact damage award.

Criminal charges range from misdemeanors to felony offenses, and penalties for impaired driving can include driver’s license revocation, fines, and jail time.  Insurance companies may take an arrest for a DUI offense causing a car accident into consideration before paying out any claims for accident victims.  Consultation with experienced car accident attorneys is a prudent option to make certain that all avenues of fiscal recovery are addressed. 

Seek immediate medical screening.

Accident victims should seek medical screening with a doctor, or hospital after an accident, regardless of obvious personal injury.  In many cases, a person who does not believe they were injured and has no injury noted by the naked eye, may have sustained significant damage, including brain injury, spinal injury, or other internal damage.  Medical personnel must run diagnostic testing to determine if the accident victim has been cleared of these possible injuries.  Traumatic brain injury, concussions, or other brain conditions should be ruled out after a car accident to prevent further harmful losses  to the victim.  A personal injury lawyer will use these reports to build a case for damages.  

Hire an attorney. 

Seek counsel at Jeffrey E. Estes & Associates immediately after an auto accident for guidance in the recovery of harmful losses that may include hospital and medical bills, lost wages, property damages, future care for residual injury, and pain and suffering.  Accident attorneys will assist with the completion of insurance and legal documents toward the recovery of damages.  

Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
Phone: 619-233-8021
Fax: 619-233-3730

Sources.

Two Drivers Gravely Injured in Suspected DUI Crash in Valley Center

https://www.nhtsa.gov/risky-driving/drunk-driving

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785