Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Legal Disclaimer: This article provides general legal information about steps to take following a commercial truck accident in Louisiana. It does not constitute legal advice and should not be relied upon as such. Every case is unique, and outcomes depend on specific facts and circumstances. If you or a loved one was injured in a truck accident in Louisiana, consult with a qualified Louisiana personal injury attorney to discuss your individual situation.
The impact was nothing like a regular car accident. The size of the truck. The force of it. You may have been able to walk away, or you may still be in a hospital bed. Either way, somewhere in the back of your mind, you know this is serious, and you are not sure what to do next.
Here is what you need to know: the trucking company’s legal team and insurance adjusters ARE already working YOUR case. They have access to the truck, the driver, and the company’s records. They have their own accident reconstruction experts. They are not waiting. They are protecting the trucking company.
The decisions you make in the first 72 hours determine what evidence exists when your case is built. Some of that evidence starts disappearing within days. This guide walks you through every step.
If you or a family member was seriously injured in a collision with an 18-wheeler in Louisiana or Texas, the Ikerd Law Firm is here to help. Call us at (337) 366-8994. We handle truck accident cases throughout Louisiana and Texas.
A crash with an 18-wheeler is not like any other accident. A fully loaded commercial truck can weigh up to 80,000 pounds under federal law. The injuries tend to be severe. The evidence is more complex. It is basic physics: big things hit hard.
And on the other side of that crash, you are dealing with a commercial enterprise — not an individual — that has an established process for managing exactly this situation.
The Federal Motor Carrier Safety Administration (FMCSA) requires commercial trucking companies to follow strict regulations on driver hours, vehicle maintenance, and record-keeping. Those records exist. They are time-sensitive. And the trucking company knows it.
If you are physically able to move:
Get to safety. If your vehicle is in a travel lane, turn on your hazard lights. Do not move seriously injured people unless staying in place creates an immediate life threat.
Call 911. A law enforcement officer needs to respond and document the crash. The official crash report is one of the foundational pieces of evidence in any legal claim. Do not leave the scene without making sure a report is filed.
Go to the emergency room. Even if you feel okay. Many serious injuries from a truck crash (traumatic brain injuries, spinal damage, and internal bleeding) produce few or no obvious symptoms in the first hours after impact. Waiting to seek care is both medically dangerous and legally damaging. A gap between the accident and your first medical visit will be used to argue your injuries were minor or caused by something else.
If you are not seriously injured and it is safe to do so, photograph and video the scene before anything is moved or cleared.
Use your phone to capture:
Get witness names and phone numbers from anyone who stopped or saw what happened. Write down the responding officer’s badge number and ask how to obtain a copy of the crash report.
Do not move vehicles or disturb physical evidence before law enforcement has documented the scene. Skid marks fade. Debris gets cleared. Physical evidence at a crash scene has a very short window.
Remember, everyone involved in this case after that point will NOT have been at the scene to see it. The lawyers, the judges, the jury, the adjuster, the doctors, etc. They will all try to recreate what happened based on the evidence that exists. You may be one of the only people who can help show what happened, how, why, and where.
Modern 18-wheelers carry multiple electronic systems that may have recorded exactly what was happening in the seconds before impact. That data can be gone within days if no one acts to preserve it.
**This data can contradict a driver’s account of what happened, and it can be overwritten permanently if the truck returns to service before anyone preserves it.
An experienced Lafayette truck accident attorney can act immediately on the steps that protect your case before that window closes.
For motor vehicle accidents that occurred on or after July 1, 2024, Louisiana’s prescriptive period is two years from the date of the accident under La. C.C. Art. 3493.1.
Two years sounds like a long time. It is not. Evidence degrades. Witnesses become unavailable. Starting early gives your attorney the best evidence to work with. Waiting until the deadline puts your case at a serious disadvantage.
Under Louisiana’s modified comparative fault system (La. C.C. Art. 2323, as amended by HB 431, effective January 1, 2026), your ability to recover depends on your percentage of fault.
If you are found 50 percent or less at fault, you may still recover damages, reduced in proportion to your percentage of fault. If you are found 51 percent or more at fault, you are barred from any recovery. For accidents that occurred before January 1, 2026, the prior pure comparative fault rule applies, and no percentage threshold bars recovery.
Ikerd Law Firm handles 18-wheeler and serious motor vehicle injury claims throughout Louisiana and Texas. We also represent clients in car accident and premises liability cases in both states as well.
Call us today at (337) 366-8994 for a consultation.
For motor vehicle accidents occurring on or after July 1, 2024, Louisiana’s prescriptive period is two years from the date of the accident under La. C.C. Art. 3493.11. However, critical evidence begins disappearing long before that deadline. Contact an attorney as soon as possible after the crash.
No. You are not legally required to do so before consulting an attorney. Doing so without legal guidance carries a significant risk of making statements that could later be used to reduce or deny your claim.
Louisiana now follows a modified comparative fault system under La. C.C. Art. 2323, as amended by HB 431 (effective January 1, 2026). If you are found 50 percent or less at fault, you may still recover damages, reduced by your percentage of fault. If you are found 51 percent or more at fault, you are barred from any recovery entirely.
For example, if you were found 20 percent at fault on $500,000 in damages, your recovery would be $400,000. If you were found 51 percent at fault, you would recover nothing.
For accidents that occurred before January 1, 2026, the prior pure comparative fault rule applies, and no percentage threshold bars recovery.
Recoverable damages may include past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, physical disfigurement, and loss of enjoyment of life, among many others, depending on the facts of your case. In cases involving serious misconduct by the trucking company, additional damages may be available.
Ikerd Law Firm