If you’ve ever been surrounded by semi-trucks on Louisiana’s roadways, then you know how daunting these massive vehicles can be. Fortunately, the vast majority of motorists who come into close proximity to these trucks do so without incident. For some drivers, though, the encounters result in truck accidents that leave them with serious injuries and a bleak future. Of course, a personal injury lawsuit may provide relief, and there can be a number of legal strategies that can lead to the recovery of compensation.
Although most negligent truckers act that way by being distracted or fatigued, the way that they and their employer maintain the vehicle can also play a role. This is why the Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations to control truck maintenance. Under these regulations, trucks must undergo routine systematic inspection. However, the procedure and what is included in the inspection is left to the motor carrier.
Additionally, truck companies are required to keep records of truck inspections and repairs. This is critically important because these records can serve as key evidence in a personal injury lawsuit against a truck company that has failed to keep its trucks in safe operating condition. Generally speaking, these documents may be made available through the discovery process, but a truck company probably isn’t just going to hand them over without being asked. Even when subject to a discovery request, a truck company may try to object, to prevent an injured individual from obtaining access to these records.
For this reason, many Louisianans who have been injured in a truck accident turn to a professional for legal advice. An attorney experienced in this area of the law may know how to utilize statutes, case law, and the rules of evidence and trial to ensure that a victim’s claim is as fully and convincingly developed as possible.