Car accidents with large commercial trucks can be more dangerous and complicated than typical car crashes, often involving multiple parties and serious injuries. When truck crashes occur, injury victims need to know how Louisiana laws could impact their options for getting financial relief for expensive medical treatment and lost income.
If you’ve been involved in an accident with a semi-truck or other commercial vehicle, state laws could affect who can be held responsible, when a claim can be made, and more. Keep reading to learn more about Louisiana truck accident laws.
Key Takeaways
- Liability may be split between multiple parties in Louisiana, including the truck driver, trucking company, cargo loaders, and maintenance crews.
- Under Louisiana law, you may still be able to make a legal claim for truck accident injuries if you were partly at fault.
- Commercial truck drivers and commercial carriers must follow strict federal and state rules, with violations potentially leading to accidents and legal action.
- There are time limits on commercial truck accident claims under state laws, with your filing deadline typically being two years from when the crash happened.
- With help from a New Orleans truck accident lawyer, you can file an insurance claim or a truck accident lawsuit to recover a fair settlement.
Liability for Truck Accident Cases in Louisiana
One thing that makes truck accidents complicated is the fact that the law allows multiple parties to be held liable for these crashes. Often, there may be several parties that could be found legally responsible, with liability for damages being split proportionally to each party’s percentage of fault. A few of the most common liable parties in Louisiana truck accidents are:
- The truck driver – Drivers are responsible for following traffic laws, driving safely, and meeting company standards. Whether due to distracted driving, speeding, or impaired driving, irresponsible actions by truckers can cause serious crashes.
- Commercial trucking companies – The trucking company is responsible for ensuring drivers follow state and federal trucking regulations. They can be held liable for poor working conditions and standards, inadequate training, and other violations.
- Cargo loading companies – Sometimes, a separate company is responsible for loading and unloading commercial vehicles. When loads are packed improperly, shifting cargo and unbalanced weight can lead to serious accidents.
- Other passenger vehicle drivers – Crashes involving trucks aren’t always caused by trucks. Other drivers on the road, including you, can also be held liable when accidents happen.
Keep in mind that just because a particular party is to blame for your accident, that doesn’t necessarily mean they’ll be the one you file a claim against. Instead, you’ll typically be dealing with an insurance company, usually the trucking company’s insurer.
Comparative Fault: What Happens When You’re Partly to Blame?
Louisiana law gives accident victims options for recovering compensation when they are partly to blame for their injuries. Previously, Louisiana had a pure comparative fault system, in which injured parties could seek compensation even if they were mostly at fault for the accident. However, as of 2026, the state now follows a modified comparative fault system.
Under the state’s modified comparative fault rule, victims can still make personal injury claims so long as they are less than 51% at fault. Compensation is limited in proportion to your percentage of fault. For example, if you were 10% to blame for your accident, then your settlement will be capped at 90% of your losses.
Unfortunately, partial fault can make it even harder for truck accident victims to get fair compensation. If you were partly to blame for your accident, you will need help from a Louisiana truck accident lawyer. An experienced attorney can help you gather and preserve critical evidence to build a strong case, from electronic evidence and drivers' logs to expert testimony.
State and Federal Regulations and Truck Accident Claims
State and federal motor carrier safety regulations place guardrails on the trucking industry, helping prevent accidents and protect trucker well-being. When these regulations are violated and truck accidents occur as a result, the violator may be held legally responsible for the crash under Louisiana law. A few of the key regulations impacting personal injury lawsuits for truck crashes include:
- Insurance – The law requires trucking companies to carry a specific level of insurance coverage. Trucks heavier than 10,000 pounds are required to carry at least $750,000 worth of liability insurance coverage, with a minimum of $300,000 for lighter commercial trucks.
- Record-keeping – Trucking companies and truckers must meet strict documentation rules, including keeping detailed maintenance records, drivers' logs, vehicle inspection tracking, and more.
- Hiring and training – There are state and federal rules on the hiring and training of truck drivers. Failure to properly vet or train drivers can result in
- Hours and distance – The Federal Motor Carrier Safety Administration (FMCSA) regulates trucking practices, including the hours drivers can spend behind the wheel.
- Accident reporting – All drivers, not just truckers, are required to report serious accidents to Louisiana law enforcement.
Time Limits for Truck Accident Victims
Another important aspect of Louisiana truck accident laws is the statute of limitations, or the time limit for legal actions. The statute of limitations on truck accident personal injury claims in Louisiana is two years. This means that you will usually have two years from the date of your accident to file a truck accident lawsuit.
Like the law on comparative fault, the law on the statute of limitations in Louisiana recently changed. As of July, 2024, the time limit was extended from one to two years. For accidents that occurred before that date, the time limit for claims is still one year.
If you fail to file a claim within the deadline, your rights to compensation could be forfeited.
Get Compensation With Help From a New Orleans Truck Accident Attorney
If you’re involved in a truck accident in Louisiana, you’ll need to start taking steps at the accident scene to protect your legal options. Gathering evidence and getting a police report will be essential for accessing compensation. You should also consider seeking assistance from a capable personal injury attorney to successfully navigate the legal process.
Here at Cardone Law Firm, our New Orleans injury attorneys are proud to help truck accident victims hold at-fault parties responsible for negligence and wrongdoing. From medical expenses to lost wages, we will work tirelessly to help you access full compensation for your losses. Whether you suffered emotional harm, a traumatic brain injury, or you lost a loved one in a fatal crash, we can help you seek justice.
Common truck accident injuries can cause extreme suffering and costly medical bills. Reach out to our New Orleans accident lawyer for help getting justice.