Louisiana Truck Accident Frequently Asked Questions

Truck accident claims can involve federal motor carrier regulations, electronic logging records, commercial insurance, several companies, catastrophic injuries, and Louisiana laws governing fault and damages.

Below are answers to common questions about Louisiana truck accident claims.

What is the deadline for bringing an 18-wheeler accident claim in Louisiana?

Louisiana generally provides a two-year prescriptive period for delictual actions under Louisiana Civil Code Article 3493.1. Prescription is Louisiana’s term for what many states call a statute of limitations.

The general two-year period begins on the date the injury or damage is sustained.

However, the current two-year rule resulted from legislation effective July 1, 2024, and the legislation provides for prospective application to delictual actions arising after its effective date. Older truck accidents may therefore be governed by Louisiana’s former prescription rules.

There can also be special rules depending on the type of claim, defendant, and circumstances.

Do not wait until the end of the prescriptive period to investigate an 18-wheeler accident.

Important trucking evidence can disappear much sooner than the lawsuit deadline.

Dashcam footage can be overwritten. Vehicles can be repaired. Witnesses can become difficult to locate. Electronic information can be lost through ordinary data-retention processes.

A serious truck accident should therefore be investigated as soon as reasonably possible.

What should I say if the trucking company or its insurance adjuster calls me?

You should be careful about providing a detailed recorded statement before you understand your injuries and legal rights.

A commercial trucking insurer may begin investigating a serious collision shortly after it occurs.

The adjuster may ask questions about:

• how the crash happened;
• what you saw before impact;
• your speed;
• whether you changed lanes;
• your medical condition;
• previous injuries;
• where you received treatment; and
• whether you have returned to work.

What you say may later become part of the insurer’s evaluation of the claim.

You should not lie or intentionally withhold required information, but you also do not have to guess about facts you do not remember.

If you are represented by an attorney, communications regarding the claim can generally be directed through your attorney.

Can I receive compensation if I share some responsibility for the truck wreck?

Possibly, but Louisiana’s comparative-fault law changed effective January 1, 2026.

Under current Louisiana Civil Code Article 2323, if the injured person’s percentage of negligence is 51% or greater, the person cannot recover damages.

If the injured person’s negligence is less than 51%, recoverable damages are reduced according to that percentage of negligence.

For example, if an injured person is determined to have sustained $500,000 in recoverable damages but is found 20% negligent, the damages would generally be reduced by 20% under the current rule.

If that same person were found 51% negligent, Article 2323 would bar recovery.

That makes evidence concerning fault particularly important in accidents governed by the new rule.

How are medical expenses handled while my trucking accident claim is ongoing?

A personal injury claim does not necessarily cause hospital and medical bills to stop coming due while the claim is being investigated.

How medical expenses are handled can depend on available health insurance, Medicare, Medicaid, medical-payment coverage, workers’ compensation, liens, and other circumstances.

Louisiana has also changed the rules governing how certain past medical expenses are valued in personal injury litigation.

Keep:

• every medical bill;
• explanation of benefits statements;
• insurance payment records;
• pharmacy receipts;
• copayment receipts; and
• correspondence concerning medical liens.

Do not assume that the amount printed on a hospital bill automatically equals the amount recoverable in the personal injury case.

What factors determine the value of a Louisiana truck accident claim?

There is no reliable online calculator that can determine the value of a serious Louisiana truck accident case.

Potential value depends on the individual facts.

Important considerations can include:

• severity of the injuries;
• past medical expenses;
• expected future treatment;
• surgery;
• rehabilitation;
• lost wages;
• diminished earning capacity;
• permanent disability;
• scarring or disfigurement;
• pain and other legally compensable non-economic harm;
• strength of the liability evidence;
• percentage of fault;
• number of responsible parties; and
• applicable insurance coverage.

A spinal cord injury requiring lifelong care should not be evaluated like a temporary soft-tissue injury.

Likewise, an injury preventing someone from returning to a career can create losses extending far beyond the wages already missed.

Which records and evidence can help prove who caused an 18-wheeler wreck?

Truck accident cases can contain evidence that does not exist in an ordinary passenger-car collision.

Depending on the circumstances, relevant evidence may include:

• police crash reports;
• scene photographs;
• witness statements;
• dashcam video;
• truck-camera footage;
• surveillance footage;
• GPS information;
• telematics;
• electronic logging device records;
• dispatch communications;
• driver qualification information;
• inspection records;
• maintenance records;
• cargo documentation;
• cellphone evidence when legally obtainable; and
• electronic vehicle information.

The exact information available varies from truck to truck and company to company.

There is no single universal “black box” that records every fact about every commercial-truck collision.

Can the trucking company be held responsible for an accident caused by its driver?

Potentially.

Truck accident liability is not always limited to the individual behind the wheel.

Depending on the facts and applicable law, the investigation may involve:

• the commercial driver;
• driver’s employer;
• motor carrier;
• tractor owner;
• trailer owner;
• maintenance provider;
• cargo-loading company; or
• another business whose conduct contributed to the collision.

Potential claims involving a motor carrier can also involve issues such as driver qualification, supervision, maintenance, inspection, dispatch practices, or other conduct.

The mere fact that a company is connected to the truck does not automatically make it liable.

Its actual role must be established.

Which commercial vehicles and drivers must follow federal trucking regulations?

Federal Motor Carrier Safety Administration regulations apply to many commercial motor vehicles operating in interstate commerce, although the exact rules and exceptions depend on the operation.

For federal hours-of-service purposes, covered commercial motor vehicles can include vehicles used in interstate commerce that meet specified weight, passenger, or hazardous-material criteria.

Many people associate federal trucking regulations only with traditional 18-wheelers, but covered commercial vehicles can include other trucks and certain passenger-carrying vehicles.

The regulations may address matters including:

• driver qualifications;
• hours of service;
• electronic logging;
• inspections;
• maintenance;
• commercial driver’s licenses;
• drug and alcohol requirements; and
• other safety obligations.

Whether a particular regulation applies must be determined from the vehicle and operation involved in the crash.

What are federal hours-of-service regulations?

Hours-of-service regulations limit how long covered commercial drivers can drive and remain on duty before required rest periods.

These regulations are primarily found in 49 CFR Part 395.

Their purpose includes reducing safety risks associated with driver fatigue.

When fatigue is suspected after a serious truck accident, investigators may examine more than an electronic log.

Potential evidence can include:

• ELD records;
• GPS;
• dispatch communications;
• fuel receipts;
• toll information;
• delivery records; and
• other time-stamped records.

These sources can sometimes help reconstruct what a commercial driver was doing before a collision.

How long does it usually take to resolve a serious truck accident claim in Shreveport?

There is no universal timeline.

A truck accident claim involving relatively straightforward injuries may resolve sooner than a catastrophic case involving surgery, permanent disability, several trucking companies, multiple insurers, and disputed fault.

The process may involve:

Investigation. Evidence is collected and potentially responsible parties are identified.

Medical treatment. The injured person receives treatment and doctors evaluate the prognosis.

Damage evaluation. Medical expenses, lost income, future care, and other damages are documented.

Insurance negotiations. Claims may be presented to the applicable insurers.

Litigation. A lawsuit may be filed if appropriate.

Discovery. The parties exchange information, obtain records, and take depositions.

Mediation or settlement negotiations. Many cases resolve before trial.

Trial. If the parties cannot reach an acceptable resolution, the case may ultimately be tried.

A fast settlement is not necessarily a good settlement—particularly when doctors do not yet know whether the injured person will need future surgery or long-term care.

Will I have to file a lawsuit or appear in court after an 18-wheeler accident?

Not necessarily.

Some truck accident claims resolve through negotiations without a trial.

Others require litigation because the parties dispute:

• fault;
• medical causation;
• damages;
• insurance coverage;
• future medical needs; or
• the amount necessary to resolve the claim.

Even after a lawsuit is filed, the case may resolve during discovery, negotiations, or mediation.

Filing a lawsuit does not automatically mean you will have a jury trial.

If a case does proceed toward trial, your attorney should explain what will happen and help you prepare.

What legal options does my family have after a fatal truck accident?

A fatal Louisiana truck accident may create both a survival action and a wrongful-death action.

They are related but legally distinct.

A survival action generally concerns damages associated with the injury suffered by the deceased before death.

A wrongful-death action concerns legally recoverable damages sustained by qualifying family members because of the death.

Louisiana Civil Code Articles 2315.1 and 2315.2 establish an order of persons who may bring these actions.

Under the current wrongful-death provision, the order generally begins with the surviving spouse and children, followed by other specified relatives when there is no qualifying person in the preceding category.

Current Louisiana law also provides a specific prescriptive rule for wrongful-death claims: the action prescribes one year from death or two years from the date the injury or damage was sustained, whichever is longer.

Fatal truck accident cases should be investigated promptly because critical trucking evidence can disappear long before the legal filing deadline.

What if the trucking company blames me for the collision?

Do not assume the trucking company’s version of the accident is correct.

A commercial driver may claim that you:

• entered a blind spot;
• cut in front of the truck;
• stopped suddenly;
• failed to yield;
• merged improperly; or
• caused the collision another way.

Objective evidence may tell a different story.

A truck accident investigation can compare the driver’s account with:

• electronic information;
• dashcam footage;
• GPS;
• witnesses;
• physical vehicle damage;
• roadway evidence;
• dispatch communications; and
• other available records.

Because Louisiana now bars recovery at 51% or greater claimant negligence for accidents governed by the current comparative-fault law, attempts to shift blame can have substantial consequences.

What if the truck driver was tired or fell asleep?

Driver fatigue can be an important issue in a commercial trucking case.

Federal hours-of-service regulations restrict driving and on-duty time for covered commercial drivers and establish required rest periods.

If fatigue is suspected, investigators may compare the driver’s electronic logs against independent records.

For example, GPS, fuel purchases, dispatch records, toll information, and delivery records may help establish where the truck was and when.

The investigation may also examine whether the motor carrier placed unrealistic or unsafe pressure on the driver.

What if the truck driver was texting or using a cellphone?

Distracted driving can cause catastrophic commercial-truck accidents.

Potential evidence may include:

• phone records obtained through proper legal procedures;
• dashcam footage;
• driver-facing camera footage;
• witnesses;
• dispatch messages;
• application or communication records when legally obtainable; and
• electronic data.

Do not attempt to access another person’s private accounts yourself. Relevant records can be pursued through lawful discovery and other appropriate procedures.

What if poor truck maintenance caused the crash?

Commercial motor carriers subject to federal rules have inspection, repair, and maintenance obligations.

Mechanical problems that can contribute to a collision include:

• brake defects;
• tire failures;
• steering problems;
• lighting defects;
• suspension problems; and
• other equipment failures.

An investigation may examine maintenance and inspection records and, when appropriate, the physical truck itself.

Responsibility may potentially involve the motor carrier, equipment owner, maintenance provider, or another party depending on the evidence.

What happens if several companies contributed to the accident?

Truck operations can involve several companies.

One company may employ or contract with the driver.

Another may own the tractor.

Another may own the trailer.

Another may have loaded the cargo.

Another may perform maintenance.

Louisiana law generally requires the fault of persons who caused or contributed to the injury to be evaluated.

Identifying every potentially responsible party can therefore be especially important in a serious commercial-truck case.

Can there be more than one insurance policy after an 18-wheeler accident?

Yes.

Commercial trucking cases can involve multiple potential layers or sources of insurance, depending on the companies and relationships involved.

Potential coverage can include:

• primary commercial liability insurance;
• excess insurance;
• umbrella coverage;
• self-insurance arrangements; and
• separate liability policies associated with additional responsible parties.

Multiple businesses do not automatically mean that every insurance policy applies.

Coverage must be identified and analyzed.

Should I accept an early settlement offer from the trucking insurer?

Consider the full extent of your injuries before signing a final release.

An early offer may arrive before anyone knows whether you will:

• need surgery;
• require additional therapy;
• develop permanent restrictions;
• return to your previous job;
• need future medical treatment; or
• suffer permanent impairment.

Before evaluating a settlement, ask:

What has the accident already cost?

How much income have I lost?

What does my doctor expect me to need in the future?

A settlement that addresses only existing bills may not account for the entire injury.

Should I keep my damaged vehicle after a serious truck accident?

If possible, do not allow a severely damaged vehicle to be destroyed before determining whether it needs to be inspected.

The vehicle itself may contain evidence.

Damage patterns may help establish:

• impact location;
• direction of force;
• collision sequence;
• intrusion; and
• severity of the impact.

If your vehicle contains a dashcam or other electronic device, preserve it and its data.

What should I bring to a consultation with a Louisiana truck accident lawyer?

Bring whatever you have.

Helpful items can include:

• crash-report information;
• photographs;
• videos;
• witness information;
• insurance information;
• medical records;
• medical bills;
• discharge papers;
• work restrictions;
• pay information;
• trucking-company correspondence; and
• insurance-adjuster communications.

Do not delay seeking legal advice merely because you have not collected every document.

Additional evidence can be obtained during the investigation.

Talk to a Louisiana Truck Accident Lawyer

An 18-wheeler accident is not simply a bigger version of a car wreck.

Commercial trucking cases can involve federal regulations, electronic evidence, corporate defendants, commercial insurance, multiple responsible parties, and injuries that affect the rest of a person’s life.

At Jacqueline Scott & Associates, we investigate serious truck accidents in Shreveport, Bossier City, Caddo Parish, Bossier Parish, and throughout Louisiana.

The investigation should answer:

Why did the truck crash?

Was the driver fatigued or distracted?

Was the truck properly maintained?

What do the electronic records show?

Who employed or controlled the driver?

Who owned the equipment?

Are multiple companies responsible?

What insurance applies?

What will the injuries cost in the future?

If an 18-wheeler or commercial vehicle caused your injuries, call Jacqueline Scott & Associates at (318) 746-5997.

Make ’Em Pay.

Every case is different. Results depend on the facts, evidence, applicable law, responsible parties, insurance coverage, and injuries involved. Prior results do not guarantee a similar outcome. This page provides general educational information and is not legal advice.

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.