New Orleans, Louisiana
Free Consultation · No Fee Unless We Win
Reviewed by Gary W. Johnson, Esq. · Updated 2 weeks ago
An 18-wheeler fully loaded can weigh 80,000 pounds — roughly 20 times more than the average passenger car. When a commercial truck collides with a passenger vehicle, the physics are devastating. Injuries tend to be catastrophic: traumatic brain injuries, spinal cord damage, crushed limbs, and fatalities. If you or a loved one has been injured in a truck accident in Louisiana, the legal process that follows is significantly more complex than a standard car accident claim.
Gary W. Johnson brings a unique combination of experience to truck accident cases. As former general counsel for an international logistics and warehousing company, he understands the commercial trucking industry from the inside — including how trucking companies operate, how they manage driver compliance, and how they respond when accidents occur. Combined with the analytical rigor he developed as a judicial clerk at the Louisiana Supreme Court, this background gives our firm a distinct advantage in these high-stakes cases.
A truck accident is not just a bigger version of a car accident. The legal landscape is fundamentally different in ways that matter:
| Factor | Car Accident | Truck Accident |
|---|---|---|
|
Liable parties |
Usually 1-2 drivers |
Driver, trucking company, cargo loader, broker, manufacturer |
|
Insurance policies |
Typically $15K-$100K |
$750K-$5M+ (FMCSA minimums) |
|
Applicable law |
State law only |
State law + federal FMCSA regulations |
|
Evidence |
Police report, photos |
ELD data, driver logs, maintenance records, black box data |
|
Defense resources |
Standard adjuster |
Corporate defense teams deployed within hours |
|
Time sensitivity |
Important |
Critical — evidence can be altered or destroyed |
The higher insurance policy limits in trucking cases — often $1 million or more — mean larger potential compensation for victims. But it also means the trucking company’s insurer will deploy experienced adjusters and defense attorneys immediately to minimize their exposure. Having legal representation that understands both the legal framework and the industry is essential.
The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on commercial truck drivers and the companies that employ them. Violations of these regulations can serve as powerful evidence of negligence. Key regulations include:
Gary’s experience as corporate counsel for a logistics company means he understands how these regulations work in practice — not just in theory. He knows what records companies are required to maintain, where compliance gaps typically occur, and how to identify violations that support your claim.
Louisiana’s position as a major commercial corridor — with I-10 running east-west and I-55/I-59 connecting to the north — means heavy truck traffic throughout the state. Common causes of trucking accidents we see include:
Unlike car accidents — where liability typically falls on one or two drivers — truck accident cases often involve multiple responsible parties:
Identifying all liable parties is critical because it expands the pool of insurance coverage available to compensate you. We investigate each case thoroughly to ensure no responsible party is overlooked.
Due to the severity of injuries typically involved, truck accident claims often involve higher compensation than car accident cases. Depending on the circumstances, you may pursue:
We approach trucking accident cases with urgency. Critical evidence — electronic logging device data, driver qualification files, maintenance records, onboard event recorder (“black box”) data, and dispatch communications — can be altered, overwritten, or destroyed if not preserved quickly. Within hours of being retained, we send spoliation letters to the trucking company demanding that all relevant records and evidence be preserved.
From there, we conduct a thorough investigation: obtaining the police report, requesting FMCSA safety records for the carrier and driver, securing any available dashcam or surveillance footage, and engaging accident reconstruction professionals when necessary. Gary’s background as corporate counsel for a logistics company means he knows exactly which records to request and where compliance failures tend to hide.
We prepare every truck accident case as if it will go to trial. This level of preparation strengthens our negotiating position and ensures we are ready if the insurance company refuses to offer fair compensation. You pay nothing unless we recover for you.
— Jason Thomas
Multiple parties may share liability in a trucking accident. Depending on the circumstances, the truck driver, the trucking company (motor carrier), the cargo loading company, the freight broker, and the vehicle or parts manufacturer may all bear responsibility. Under Louisiana law and federal FMCSA regulations, trucking companies can be held liable for their drivers’ actions as well as their own failures in hiring, training, and vehicle maintenance. We investigate each case to identify all potentially liable parties and all available insurance coverage.
Critical evidence includes electronic logging device (ELD) data, driver qualification files, vehicle maintenance logs, onboard event recorder (“black box”) data, dispatch records, and drug/alcohol test results. Some of this data — particularly ELD records — can be overwritten after as few as 6 months if not preserved. Trucking companies have been known to “lose” or fail to preserve unfavorable records. This is why we send spoliation letters demanding evidence preservation as one of our first actions in any truck accident case.
Truck accident cases involve significantly higher insurance policy limits (often $1M+), federal FMCSA safety regulations, multiple potentially liable parties, and typically more severe injuries. Insurance companies assign experienced corporate defense teams to these claims immediately. The complexity of proving violations of federal trucking regulations — and the higher stakes involved — make experienced legal representation particularly important.
The Federal Motor Carrier Safety Administration (FMCSA) sets safety standards for commercial trucks and their drivers. These include hours-of-service limits, vehicle maintenance requirements, driver qualification standards, cargo securement rules, and drug/alcohol testing protocols. Violations of these regulations can serve as strong evidence of negligence. For example, if a driver exceeded their hours-of-service limit and caused an accident due to fatigue, that violation directly supports your claim.
Louisiana has a one-year prescriptive period (statute of limitations) for personal injury claims, starting from the date of the accident (La. C.C. Art. 3492). However, the practical deadline for truck accident cases is even shorter — critical electronic evidence can be lost within weeks or months if not preserved through a spoliation letter. Contact an attorney as soon as possible after a truck accident to protect both your legal rights and the evidence needed to support your claim.
Gary W. Johnson brings a rare combination of experience to truck accident cases. As former general counsel for an international logistics and warehousing company, he understands the trucking industry from the inside — how carriers operate, how compliance is (and isn't) enforced, and where liability typically falls. Combined with the analytical rigor he developed as a judicial clerk at the Louisiana Supreme Court, this background allows him to identify the evidence, regulations, and legal arguments that matter most in complex truck accident claims.
