Tractor trailers and tankers who have shifting or cargo loads that are not secured properly can end up in rollover or jackknife situations on Louisiana roadways, specifically on Interstate 10.
A massive tanker-truck fire shut down I-10 East near I-310 in St. Charles Parish a few weeks ago. A tractor-trailer and another car were also involved. Two vehicles had to be put out by the St. John the Baptist Parish Fire department. The Louisiana Department of Transportation and Development said the crash happened in the morning hours before 9:40 a.m. near mile marker 209.
Tractor trailers and tankers who have shifting or cargo loads that are not secured properly can end up in rollover or jackknife situations on Louisiana roadways, specifically on Interstate 10. A professional accident reconstructionist will have to perform due diligence and find out what percentage of fault lies with the drivers, or if the accidents were caused by cargo problems. All three vehicles received damage and the accidents were not life-threatening. Truck accidents account for a large percentage of highway fatalities where thousands of lives are still taken every day. A Louisiana truck accident attorney may make reasonable assessments of potential avenues for damage compensation after a detailed case review and liability identification.
A tanker driver can reduce accidents by:
- Controlling surges – liquid surges can cause trailers to roll over when braking even though some tanks have baffles that control forward and backward surges, they do not control side to side movement. Consistent brake pressure can assist in surge control.
- Maintaining long stopping distances – a simple measure that will allow more reaction time, and decrease the likelihood of an impact.
- Drive smoothly to keep liquid from moving around too much and upsetting truck balance.
- Avoid skidding by driving with control, and moving slower in bad weather situations.
- Observe speed limits to make certain you are driving safely for the type of roadway you are traveling. This will also allow more reaction time to other vehicles or road and weather situations.
Recovery
Insurance and legal settlements will be based on the information obtained by the victims, witnesses and professionals who arrive at the scene. Multiple factors will assist in the determination of fault. Cargo is an important safety consideration for trucking companies, and is often dependent solely on the people who load and/or drive these large trucks that already have limited maneuverability in certain traffic patterns. An accident victim may receive both compensatory damages, which are those damages that caused economic loss (loss of wages, medical bills, legal fees, and property damage) and non-economic loss to victim (pain and suffering). Experienced truck accident lawyers will review your case and determine the types of damages to be recovered.
Comparative fault
Louisiana Civil Code 2323 regarding comparative fault addresses limitations in insurance and damages claims. The rule affects personal injury claims to the effect of reducing an accident victim’s claim in proportion to the percentage of his or her fault. Talk to a truck accident attorney about how damages in your case will be valued.
Responsible parties and time limitations
Truck accident lawyers are skilled at identifying all parties to an accident claim, separate from the truck driver, including trucking companies, mechanics, or manufacturers of a truck and/or parts. They can utilize trucking industry laws to determine the best legal approach, such as mediation, arbitration or going to trial, while staving off unnecessary pressure from insurance companies who want to swiftly close out a claim. Louisiana states that personal injury lawsuits for truck accident harms, and wrongful death claims must be filed within one year from when the date injury, or loss occurred.
Hire an attorney
Experienced truck accident lawyers at the Faucheux Law Firm will communicate with scene re-constructionists, insurance carriers, and legal teams of other parties to the action. This will allow a truck accident victim to concentrate on their recovery processes without additional stress.
Sources:
https://www.msn.com/en-us/autos/news/massive-tanker-truck-fire-shuts-down-i-10e-near-laplace/ar-AAOE19v
https://legis.la.gov/legis/Law.aspx?d=110567
http://www.legis.la.gov/legis/Law.aspx?d=109387
https://legis.la.gov/Legis/Law.aspx?d=97087
http://www.legis.la.gov/legis/Law.aspx?d=109371
https://www.truckinfo.net/trucking/stats.htm
http://www.ldi.la.gov/industry/laws-and-bulletins/insurance-law-(title-22)
https://www.fmcsa.dot.gov/regulations/title49/b/5/3/list
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