Houma 18-Wheeler Accident Lawyer

The driver may work for a motor carrier or operate under another commercial arrangement. Cargo may have been loaded by a separate business, and maintenance may have been performed by an outside provider.

The vehicles themselves can also generate records that do not exist in an ordinary passenger-car accident.

For people injured in Houma or elsewhere in Terrebonne Parish, those differences can make preserving and investigating trucking evidence especially important.

At Jacqueline A. Scott & Associates, we investigate the driver, motor carrier, tractor and trailer, commercial relationships, electronic records, cargo information, and other evidence that may help establish how the collision happened and which parties Louisiana law supports holding responsible.

18-Wheeler Traffic Around Houma

Houma’s location creates a transportation environment different from Louisiana’s larger interstate cities.

U.S. 90 provides a major regional route through the northern portion of Terrebonne Parish, while LA 24 runs through Houma. Other state highways connect the city with communities, businesses, and industrial areas throughout the parish.

Tractor-trailers may therefore move between regional highways and smaller roads while serving businesses throughout the Houma area.

The presence of an 18-wheeler on one of these routes does not establish that its driver or trucking company caused a collision. We investigate the circumstances of the individual crash rather than assuming liability based on the size or type of vehicle involved.

Who May Be Involved in an 18-Wheeler Case?

A tractor-trailer can involve several companies whose roles are not obvious from looking at the truck.

Depending on the evidence, our investigation may examine:

• The commercial driver
• The driver’s employer or motor carrier
• The owner of the tractor
• The owner of the trailer
• A vehicle leasing company
• A maintenance or repair provider
• A cargo-loading company
• Other businesses involved in the shipment or transportation arrangement
• Other motorists whose actions contributed to the collision

Not everyone connected to a shipment is automatically responsible for an accident.

We examine contracts, ownership information, employment relationships, operational control, records, and other evidence to determine which parties may actually be relevant to the claim.

ELD Evidence After an 18-Wheeler Accident

One important source of information in many modern trucking cases is the electronic logging device, commonly called an ELD.

ELDs are used to record information concerning a commercial driver’s record of duty status when the driver and operation are subject to the federal ELD requirements.

That information can help reconstruct portions of the driver’s work and driving timeline.

FMCSA states that motor carriers must retain ELD records of duty status and supporting documents for six months. A backup copy of ELD records must also be maintained separately for that six-month period.

That six-month retention period is significant.

Louisiana may provide substantially more time to file many personal injury claims, but potentially important trucking records can be subject to much shorter federal retention requirements. That is one reason we consider evidence preservation early in an 18-wheeler investigation.

Supporting Documents Can Help Reconstruct a Driver’s Trip

ELD information does not necessarily stand alone.

FMCSA identifies five categories of supporting documents used to help verify a driver’s records of duty status:

• Bills of lading, itineraries, schedules, or similar documents showing trip origin and destination
• Dispatch or trip records
• Certain expense receipts associated with on-duty, non-driving time
• Electronic mobile communications through fleet-management systems
• Payroll records, settlement sheets, or similar payment records

Motor carriers generally must retain up to eight supporting documents for each 24-hour period that a driver is on duty, and the applicable RODS and supporting documents are retained for six months.

These records can sometimes be compared with one another.

For example, dispatch information, a bill of lading, electronic communications, and the driver’s duty-status records may help investigators evaluate the timing of a trip.

An inconsistency does not automatically prove wrongdoing, fatigue, or liability. It is something that must be investigated in context.

ELD Records Are Not the Same as a Truck’s Other Electronic Data

The phrase “black box” is sometimes used loosely after a serious truck accident, but different electronic systems can serve different purposes.

An ELD primarily concerns the driver’s duty-status information.

Other electronic systems associated with a tractor may contain different vehicle-related information, depending on the equipment and manufacturer. Potentially relevant information could concern aspects of vehicle operation before or around the time of a collision.

We do not assume that every tractor stores the same information or that every piece of electronic data will be recoverable.

That distinction is important because preserving ELD records does not necessarily mean that all potentially relevant electronic vehicle information has been preserved.

Federal Hours-of-Service Rules

Hours-of-service records can become relevant when evaluating a commercial driver’s schedule.

For property-carrying drivers subject to the general federal rules, FMCSA currently provides that a driver may generally drive a maximum of 11 hours after 10 consecutive hours off duty.

The driver generally cannot drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off duty.

FMCSA also generally requires a 30-minute break after eight cumulative hours of driving without at least a 30-minute interruption. Exceptions and specialized provisions can apply depending on the driver and operation.

These rules can help guide an investigation, but an hours-of-service violation does not automatically prove that a driver was fatigued.

Likewise, proof of a violation does not by itself establish that the violation caused the collision.

We evaluate the regulation together with the accident evidence.

Cargo and Loading Evidence

A tractor-trailer case may also require investigating what was inside the trailer and how the cargo was handled.

Depending on the circumstances, relevant evidence may include:

• Bills of lading
• Shipment weight
• Cargo descriptions
• Loading records
• Securement information
• Shipment origin and destination
• Who loaded the trailer
• Who inspected the cargo
• Trailer configuration

Cargo evidence can become particularly important when the circumstances raise questions involving vehicle weight, load movement, securement, or trailer stability.

A cargo-loading company should not be added to a claim simply because it touched the shipment. We look for evidence connecting its conduct to the accident before pursuing liability.

Preserving Evidence From the Trucking Company

Some of the most important evidence after an 18-wheeler collision may be controlled by the motor carrier or another business.

Depending on the case, we may seek preservation of:

• ELD and RODS information
• Original ELD records and permitted edits
• Dispatch communications
• GPS and telematics records
• Dash-camera footage
• Electronic vehicle information
• Driver qualification records
• Employment or contractor records
• Tractor and trailer ownership information
• Maintenance and inspection documents
• Bills of lading
• Cargo and loading records
• Company safety documents
• Insurance information
• Post-accident inspection materials

FMCSA’s ELD guidance provides an additional useful detail: when permitted edits or corrections are made to ELD records, the electronic record must retain the originally recorded information as well as information concerning the correction or edit.

That can make the underlying electronic record more informative than simply looking at a printed summary.

Why Evidence Preservation Can Matter Early

A person injured in an 18-wheeler accident may understandably focus first on medical care and immediate family needs.

But the evidence timeline may already be running.

FMCSA’s six-month retention period for RODS and supporting documents is one example. Other records or video may be retained under different company practices or legal requirements. Physical evidence can also change when vehicles are repaired, returned to service, sold, or otherwise altered.

Preservation efforts do not establish that a trucking company violated a regulation or caused the accident.

They help ensure that potentially relevant evidence remains available for investigation.

What Damages May Be Available?

When the evidence supports liability, an 18-wheeler injury claim may involve damages such as:

• Medical expenses
• Lost wages
• Future medical expenses supported by appropriate evidence
• Loss of earning capacity
• Property damage
• Certain legally recoverable non-economic damages

Serious tractor-trailer accidents can produce substantial losses, but the size of an 18-wheeler does not determine the value of a legal claim.

We evaluate damages using medical documentation, employment evidence, supported future needs, available insurance, allocation of fault, and the other circumstances of the individual case.

Louisiana’s Filing Deadline

Louisiana Civil Code Article 3493.1 currently provides that delictual actions are subject to a two-year liberative prescription period, beginning on the day the injury or damage is sustained. The provision became effective July 1, 2024.

The applicable deadline can still depend on the accident date, parties, claims, and other circumstances.

An 18-wheeler case also shows why a filing deadline and an evidence-preservation timeline are two different things.

Waiting close to two years to begin investigating could create evidence problems even if a particular lawsuit technically remains timely.

Houma 18-Wheeler Cases and Terrebonne Parish

Houma is located in Terrebonne Parish, which is served by Louisiana’s 32nd Judicial District Court.

The 32nd JDC is located at 7856 Main Street in Houma and handles civil matters within its jurisdiction in Terrebonne Parish.

A crash occurring in Houma does not automatically mean every resulting 18-wheeler lawsuit must be filed there.

A trucking case may involve a driver, motor carrier, tractor owner, trailer owner, or other company located elsewhere. Jurisdiction and proper venue must therefore be evaluated from the specific parties and circumstances.

Why Trust Our Firm With Your Houma 18-Wheeler Accident Case?

At ⁠Jacqueline A. Scott & Associates, we represent injured clients throughout Louisiana, including people harmed in truck and 18-wheeler accidents.

Attorney Jacqueline Scott has more than 30 years of legal experience. Our approach to an 18-wheeler case goes beyond looking at the crash report. We can investigate the commercial driver, trucking operation, available electronic evidence, company records, cargo documentation, insurance coverage, and other information relevant to the collision.

Our published case results include a $1 million 18-wheeler accident result. That is a past result and does not guarantee the same or a similar outcome in another case. Every 18-wheeler claim depends on its own liability evidence, injuries, defendants, insurance coverage, damages, and applicable law.

We also offer free consultations for injury matters, and our website states that injury cases involve no upfront attorney fees and that we are paid if we help obtain a recovery.

When someone comes to us after a Houma 18-wheeler collision, our goal is to identify and preserve important trucking evidence early, determine what happened, and pursue the claims that the evidence and law support.

Make ’Em Pay.

Make ’Em Pay represents our approach to pursuing accountability.

In a Houma 18-wheeler accident case, that may mean preserving electronic trucking records, investigating the driver’s timeline, identifying the businesses involved in the tractor, trailer, and shipment, reviewing cargo and maintenance evidence, and pursuing the parties the evidence supports holding responsible.

It does not mean assuming a motor carrier violated federal regulations or guaranteeing that any person or company will be found liable.

If you were injured in an 18-wheeler accident in Houma or elsewhere in Terrebonne Parish, contact our firm to discuss what happened and what evidence may need to be preserved.

Make ’Em Pay.

Frequently Asked Questions About Houma 18-Wheeler Accidents

Related: Houma personal injury, Houma car accidents, Houma truck accidents, Houma catastrophic injury, Houma wrongful death, Louisiana 18-wheeler accident attorney, what If an 18-Wheeler Driver Had Road Rage and Caused My Accident?, what If an 18-Wheeler Driver Tested Positive for Drugs After the Wreck?.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.