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Can a Family Recover Compensation from a Fatal Truck Accident in Baton Rouge, Louisiana?

— August 4, 2022

Louisiana is a third-party liability state with regard to truck accidents and follows the pure comparative negligence rule.

An experienced Louisiana lawyer can offer accident victims, and their families, competent legal counsel with valuable resources to support a case, including scene investigators, loss mitigation specialists, and researchers that will review police and medical reports, along with witness testimony to make a determination of fault that will impact compensation available to victims of loss.  

Insurance responsibility

Louisiana is a third-party liability state with regard to truck accidents and follows the pure comparative negligence rule, where an accident victim may seek compensation after a judge, or jury has assigned fault. Recovery of damages is contingent upon proving that an individual, or entity was negligent and caused the injury and owed a duty of care to the victim.  There were 762 fatal motor vehicle crashes in Louisiana in 2020.  There are many factors that contribute to roadway crashes involving trucks that cause injury and death and they include:

  • Damaged, or road infrastructure that may be under construction, 
  • Older trucks that may not be road-worthy,
  • Traffic laws that are not enforced,
  • Reckless, or unsafe truck driver behaviors, 
  • Problems with cargo shift,
  • Distracted or fatigued driving.


Damages are an award of money meant to address general and special damages.  Special economic damages are related to present and future lost wages, medical bills, future medical care, household expenses and general non-economic damages include pain and suffering, mental anguish and loss of consortium, or companionship.  Punitive damages are awarded for the express purpose of punishing the defendant, and to deter future similar acts, rather than to enrich the plaintiff. It is best to speak with a truck accident lawyer about accident case specifics, based on proof that a defendant deliberately, or with reckless disregard acted in a manner that would cause harm.  

Statute of limitations

Black and white analog egg timer; image by Marcelo Leal, via
Image by Marcelo Leal, via

Louisiana states that personal injury lawsuits for losses must be filed within one year from when the injury was sustained, discovered or should have been discovered through reasonable care. Legal counsel can inform a claimant of any deviations from that timeline.

Seek legal counsel

Legal representatives and certain family members can file a legal action for survivor’s benefits, with the assistance of a Louisiana accident attorney.  Miller, Hampton & Hilgendorf Law Offices can provide guidance with wrongful death litigation and accidental death benefit claims under an insured’s policy to cover:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering 
  • Punitive damages that are intended to punish the person who caused the death.


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