Trucking accidents can occur on virtually any Louisiana public roadway and can involve anything from a delivery truck on a local highway to an 18-wheeler on the interstate. Over the years, large trucking accidents have increased. According to the Federal Motor Carrier Safety Administration (FMCSA), as many as 5,000 individuals died and 130,000 were injured in large truck accidents in the United States in the last year. Because of the size and weight of large trucks, personal injuries are often severe in large truck accidents.

The causes of truck accidents can be different than those of automobile accidents. For instance, tractor-trailers sometimes "jackknife," causing an accident. Truck accidents are also often caused by brake malfunctions because of lack of proper maintenance and inspection. Truck roll-overs are also a common cause of accidents involving serious injuries. Roll-overs can be caused by many factors, including highway conditions, brake failure, improper tire inflation, truck malfunction or driver error. In cases involving truck accidents, a number of federal regulations come into play that do not in ordinary automobile accidents.

In order to drive a commercial vehicle in Louisiana, the driver must be tested and qualify for a commercial driver's license. Passing a physical examination is also required by the FMCSA. If truck drivers or their employers fail to follow the rules and regulations, such a failure can be an important factor in a trucking accident claim.

Regardless of the severity of an accident, an experienced attorney can help you evaluate the appropriate amount you should recover from the at-fault driver's insurance company. Components of recoverable damages often include past and future medical bills, lost wages and earning capacity, mental and physical pain and suffering and loss of enjoyment of life. These components of damages vary from case to case, as no two injuries are alike.

If it is determined that the at-fault driver was driving while intoxicated, either due to alcohol or some other substance, and the intoxication played a part in causing the accident, the accident victim may be entitled to recover punitive damages in addition to the above-referenced damage components.

For instance, we once represented a young woman driving a Jeep Cherokee when it was rear-ended by an 18-wheeler, causing it to burst into flames. She was pulled from the Jeep after several minutes with minor cuts and bruises, but no burns. She was later diagnosed with a mild spine injury, a bulging cervical (neck) disc, which all physicians agreed would not require surgery. She was also diagnosed with posttraumatic stress disorder. The truck driver tested positive for methadone, which he was taking pursuant to a physician's prescription for chronic back pain related to prior surgeries. Toxicology experts disagreed on whether the dosage of methadone prescribed could cause "intoxication," as well as whether its use caused the accident, as required to impose punitive damages for driving while intoxicated under Louisiana Civil Code article 2315.4.

Suit was filed in federal court in New Orleans. The insurance company's last offer prior to trial was $125,000. The jury awarded $500,000 in actual damages plus $1,500,000 in punitive damages. The punitive damage award was to punish the truck driver for driving under the influence of methadone even though the methadone was prescribed by a physician to the driver for back pain. A defense toxicology expert testified that the amount of methadone detected in the driver's blood could not have contributed to the accident. Our toxicology expert testified that it did. The jury, disregarding the testimony of the trucking company's expert, found that the methadone caused the driver to be impaired and played a part in causing the accident.

Accidental personal injuries from truck accidents may involve children, adults or the elderly. Injuries can range from minor soft-tissue injuries to severe and catastrophic injuries such as neck or back injuries, spine injuries, brain injuries, burn injuries, paraplegia, quadriplegia, amputation or death.

At McNamara Law Offices, we understand the family devastation and damages caused by serious accidental injury, whether the result of a car accident, trucking accident, industrial accident, offshore injury or maritime injury. We are experienced in helping accident victims recover what they are entitled to receive by law.

If you or a family member or friend has suffered personal injury, or a family member or friend has been killed as a result of a truck accident, we can help.

We answer any questions you have FREE OF CHARGE.

If you ultimately decide to hire us to represent you in a personal injury, wrongful death or disability insurance claim, we handle them on a contingent fee basis. Our fee is earned and our advanced litigation costs are recovered only when we recover for you by settlement or trial judgment. Our clients owe us nothing, no fee and no reimbursement of our advanced litigation costs, no matter how large, unless we recover.

Mr. McNamara holds the highest possible peer review rating of "AV" ("Very High to Pre-Eminent") for professional excellence and ethical standards.

WITH OFFICES IN BATON ROUGE (HEADQUARTERS) AND METAIRIE, MR. MCNAMARA ACCEPTS SELECT LOUISIANA CASES STATEWIDE.