There are several things to expect if you’re beginning a lawsuit after a trucking accident. It’s important to understand that your case begins immediately after the accident and doesn’t end until you have received the money you are owed for damages. Which is why you’re going to want to hire a good lawyer to handle your case, someone that will fight hard to ensure that you are treated fairly.

If you’re in the New Orleans area you’ll want to hire a qualified New Orleans truck accident attorney. They will walk you through the steps of your case, from filing the first claim to the final resolution. There’s no reason you have to handle things alone, not when there are excellent lawyers willing to fight on your behalf.

Commercial Trucking Companies

In the case of a regular automobile accident your claim will usually be filed against the individual and their insurance, but that’s not so in a case against a commercial driver. A truck driver working for a company is not seen as a private entity and his company will become involved in your case one way or another.

A good New Orleans truck accident lawyer will offer suggestions to their client on whether a suit should be filed against the company, the driver, or both. It may be preferable to file suit against the company, as there can be an opportunity to sue for higher damages. It may even be possible to sue the driver’s insurance company or involve them as part of a third party suit.


Discovery is the first part of the lawsuit process and includes the collection of evidence and witness testimony. This is a very important part of your claim and will help to decide how much you are awarded in damages.

An attorney will conduct the investigation and make sure that the evidence is available by the time your case goes to court. They will conduct interviews, check the trucking company records, including the driver’s personnel file and qualifications, and gather police reports and accident photos.

Mediation and Letter of Demands

Your New Orleans truck accident lawyer will submit a letter of demands after the evidence is gathered. This letter is to inform the opposing party or parties of your intent to sue and is the formal initiation of your lawsuit. It will detail your injuries and the amount of compensatory damages you are seeking to make up for the losses you’ve suffered.

The opposing party can agree to settle the case quickly by accepting the amount presented in the letter of demands or a mediation may be arranged.

If a settlement is not reached through the letter of demands, then the parties may agree to mediation. If this also fails, then there is a trial. Even if the case does go to trial, it is possible for either party to settle before the trial’s completion.

The Trial

Your attorney will represent your interests at all stages of the trial and will make sure that you are treated fairly. Before the trial, your lawyer will carefully prepare you to ensure you are ready to testify. Even if you aren’t called to the stand, they will make sure you are comfortable before you step foot in the courtroom.

A jury will usually be assigned to this kind of case and will decide who is at fault and the percentage of their fault, adjusting the damages accordingly. It is possible for both parties to be considered partially at fault. For example, if the client is found to be 15 percent at fault, then the damages will be lowered by that amount. A lawyer will present the evidence and assure that their client is treated fairly and receives the compensation they are entitled to.

Having a New Orleans truck accident lawyer on your side will provide you with expert guidance throughout the entire trial process.

If you’ve been hurt in a trucking accident, the New Orleans truck accident lawyers at The Lambert Firm can help you recover compensation. Schedule a meeting with an experienced New Orleans personal injury lawyer today to discuss your legal rights.