Trucking accidents involving big rigs and semi-tractor trailers are among the most catastrophic types of auto accidents on Louisiana highways. Whether you are injured by an 18-wheeler on LA 24, LA 55, LA 3040, or US 90, our Houma truck accident lawyer knows that trucking accidents are a major problem and a threat to us and our families. According to statistics from the Federal Motor Carrier Safety Administration (FMCSA), every year in the United States large trucks account for almost 6,000 fatal traffic accidents and another 119,000 nonfatal injury traffic accidents. Despite many improvements in safety and increased regulations, enforcement, and education, national statistics still reveal that fatal commercial trucking accidents have increased 49% over the last 10 years. Right here in Louisiana, fatal accidents with large trucks also continues to increase and account for over 8% of all fatal accidents – although large trucks account for only 5% of all registered vehicles. Most of these truck accidents are preventable, as trucking accidents due to FMCSA violations in Houma can lead to needless injuries to innocent people.
At the Patrick Yancey Law Firm, we help victims and their families recover compensation for unexpected medical bills and lost wages due to the negligence of a truck driver, trucking company, or another third-party. Whether you were injured in Houma, elsewhere in Terrebonne Parish, or anywhere in Louisiana, our skilled legal team is dedicated to recovering compensation for victims and holding dangerous drivers accountable and their insurance carriers responsible for your financial losses and conscious pain and suffering. We also offer free consultations and case evaluations, and our legal fees are only paid after you get paid in a settlement, verdict, or another type of award. To learn more about your rights under Louisiana law, call our Houma trucking accident lawyer today.
In order to recover compensation for your pain and suffering, lost wages, medical bills, and other damages in a trucking accident, victims and their families will need to prove that a defendant was negligent. There are several ways to do this, including by proving the tort of negligence.
Under Louisiana law, in order to prove the tort of negligence, a victim must establish each of the following elements:
These elements come from the seminal case of Fowler v Roberts, which was handed down by the Louisiana Supreme Court in 1989, and continues to be repeatedly cited as the present rule for victims to cite to in order to prove their case – including by the Patrick Yancey Law Firm in auto accident cases, such as Pennison v Carrol.
Another way to prove liability in Louisiana is through the doctrine known as negligence per se, albeit a little different than how it is handled in other states. This doctrine allows a victim to establish liability against a defendant when the violation of a statute has caused his or her injuries. However, although many states use this doctrine to automatically prove liability against a defendant, the Louisiana Supreme Court has expressly ruled that it does not.
Rather, Louisiana courts have used the concepts of negligence per se to impose civil responsibility only where a defendant’s conduct in violation of a statute is the legal cause of damage to a victim – meaning that it is a duty/risk analysis, and not an automatic finding (see Pellerin v Foster Farms, LLC). This means that victims of a trucking accident in Louisiana are not entitled to automatically hold a defendant liable for the violation of a statute of regulation.
Instead of having this easier option that is automatic (sometimes even from a traffic ticket), victims and their families must hire an experienced Houma trucking accident lawyer like Patrick Yancey to prove both the violations as well as the other elements of the tort of negligence. Even where a defendant may have violated one or more statutes or FMCSA regulations, the failure to prove all of the remaining elements of negligence will result in the victim not recovering any compensation for his or her injuries.
Since commercial trucking operates across state lines, a federal agency has established uniform rules that apply to commercial vehicles throughout the United States, regardless of registration state, driver licensing jurisdiction, or travel routes. The FMCSA regulations establish mandatory minimum safety standards applicable to all commercial vehicles operating in the United States, including Louisiana. These federal regulations work in conjunction with Louisiana state traffic laws to create a comprehensive safety framework focused primarily on preventing accidents and protecting the public.
The FMCSA regulations focus on best practices and safety, as well as orderly administration of traffic flow. This is for good reason. According to research from Louisiana State University, the majority of trucking accidents are caused by unsafe, inattentive, erratic, and outright negligence conduct in almost 36% of all fatal accidents and nearly 49% of all injury-causing accidents. Many of these common causes are directly addressed by FMCSA regulations, but are still routinely violations by defendants.
There are many different ways that FMCSA violations could lead to serious injuries or the wrongful death of an innocent person. Our Houma truck accident attorneys often see many truck accident cases that involve multiple FMCSA violations too, often alongside Louisiana traffic law offenses. When accidents occur due to FMCSA violations, victims and their families should consult with an experienced personal injury lawyer like Patrick Yancey to ensure proper representation and protection of their rights.
Proving a FMCSA regulation can be used to demonstrate a legal cause or duty in a Houma trucking accident case. Some of the most frequent FMCSA violations resulting in truck accidents include the following:
One of the most significant areas of FMCSA violations involves hours of service (HOS) violations. Commercial drivers must strictly comply with HOS regulations designed to prevent driver fatigue and drowsiness behind the wheel. Driver fatigue poses a particularly serious threat in Louisiana, where the warm climate and long, monotonous stretches of highway can increase drowsiness.
Some of the key HOS rules from the FMCSA include the following:
These restrictions are particularly vital in Louisiana, where long-distance routes through the state and high-volume shipping activity around the Gulf Coast ports may tempt drivers to exceed safe operating durations. The economic pressures of just-in-time delivery systems often create incentives for drivers and companies to push these limits, placing profit ahead of public safety. Many trucking companies maintain electronic logging devices (ELDs), also known as engine control modules (ECMs), that record a wide variety of information, which can be invaluable evidence in establishing HOS violations following a trucking accident in Houma or elsewhere in Terrebonne Parish.
FMCSA maintains strict zero-tolerance policies regarding substance use, which exceed Louisiana state statutes and regulations. For instances, although Louisiana sets a 0.08% blood alcohol content (BAC) threshold for private vehicles, commercial operators face complete prohibition on alcohol consumption under the FMCSA – even within four hours before beginning a shift. These regulations include the following:
Louisiana’s variable weather conditions and heavy interstate traffic make emergency protocols especially critical. From dense Gulf Coast fog to sudden tropical downpours, commercial drivers must be prepared to safely handle disabled vehicles in challenging conditions. When commercial vehicles become disabled, FMCSA regulations impose specific responsibilities on drivers. The failure to comply with these regulations could unnecessarily cause personal injuries to victims and their families.
Some of the most important FMCSA regulations regarding disabled vehicles include the following:
Failure to follow these protocols can lead to catastrophic secondary collisions, particularly on Louisiana’s busy interstates where high-speed traffic may encounter disabled commercial vehicles with little warning. Even though a victim’s vehicle may collide with a stopped truck, and although it may look like it was the victim’s fault, the truth is that it is often the truck driver’s fault – especially if the FMCSA regulations for disabled vehicles has not been complied with. These are hard cases, but the Patrick Yancey Law Firm can help victims recover compensation for these types of cases.
Distracted driving represents a significant hazard in Louisiana and throughout the nation. FMCSA regulations acknowledge the extreme dangers associated with mobile device usage while operating large commercial vehicles such as semi-trucks, tankers, or other massive transportation vehicles. With reaction distances already extended due to the size and weight of these vehicles, any distraction artificially extending these distances can prove deadly.
To combat distracted driving on Louisiana’s busy highways, FMCSA regulations prohibit commercial drivers from doing the following:
Our Houma truck accident attorneys recognize numerous other important FMCSA violations that commonly contribute to severe injuries or fatalities in traffic accidents. Trucking accidents due to FMCSA violations in Houma may include some of the following other common violations:
Each of these violations represents a potential failure in the commercial transportation safety system that can lead to devastating consequences for innocent motorists throughout Louisiana.
Understanding these regulations is essential for Louisiana commercial carriers, drivers, and legal professionals handling truck accident cases. Victims can use FMCSA violations to strengthen their claims. But unlike other states where a violation may be an automatic finding of liability, victims in Louisiana still need to prove all of the elements of the tort of negligence. Thus, hiring an experienced Houma trucking accident lawyer is essential to protecting their rights to compensation.
If you or someone you love has sustained serious injuries in any type of motor vehicle accident in Louisiana, particularly a trucking collision or in cases involving wrongful death, contact the Patrick Yancey Law Firm to schedule your free case evaluation with our compassionate and experienced legal team. Our Houma truck accident attorneys can meet with you and your family at your home, hospital, our office, virtually, by telephone, or any other convenient location.
To schedule your free appointment, contact us today by calling (985) 313-9791 or by submitting a message through our contact form available on our website. We are committed to supporting you and your family by answering your questions and explaining your legal rights under Louisiana law. But certain time limits known as the statute of limitations may prevent victims who wait too long from recovering the compensation they deserve. To get started, contact us today.
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