New Orleans Truck Accident Archives

Can Having a Dash Cam Help You In Your New Orleans Accident Case?

August 5, 2019 by Chip Cossé

If you’ve ever logged into YouTube and watched blooper videos, you’ll see all the crazy things that dash cams have caught over the years. Drivers do a lot of dumb things out on the road. Everything from road rage to shaving while driving and everything in between. Some of us are in a hurry while others are lagging behind in slowing down traffic. Every New Orleans accident attorney has literally seen it all, most likely from dash cams.

You might be wondering if it’s a good idea to buy a dash cam for yourself. You’re not necessarily looking for some new material to post on the Internet, but can help you in the event of an accident? Will insurance companies and even police departments decide in your accident case based upon dash cam evidence?

What is a Dash Cam?

The first thing you should look at this understanding exactly what a dash cam is. Imagine having a GoPro camera, but it’s attached to your car and it sees everything you see while driving. It’s often attached to the dashboard and looks out the front window. These types of cameras are very expensive at all. On the low end you can expect to pay maybe around $60 up to much as $150 for the top-of-the-line models.

Dash cams are digital cameras that attach to your dashboard or window using a suction cup and connects to the 12-volt power supply in your vehicle. The recording begins as soon as you start up your vehicle and it saves everything that it records on an SD card she can go back and watch it later. Some have other amenities, such as night vision and even the ability to record sound.

Many people use dash cams to chronicle their journey. For example, if they’re driving across the country on a trip. You can find many of these videos on YouTube, not just the wild and crazy accidents, but almost like a documentary of the scenery and other parts of the country. One video reveals what it’s like driving through the Rocky Mountains. You might find one that shows what it’s like getting around the hustle and bustle of New York City.

Do Insurance Companies Make Use of Dash Cams?

While you might want to use a dash cam for recreational use, so far there is little incentive for helping determine an accident case. Some UK insurance providers have even started offering big discounts to people who have a dash cam. If you have an accident, it will record exactly how things happened. The problem is, U.S. insurance companies haven’t exactly taken to this technology.

U.S. insurance companies feel they have no need to offer a discount. Dash cam might record the events and help determine who is at fault, but it doesn’t actually stop the crash from happening. Either way, they’ll have to write out a check. Simply put, dash cams do nothing to lower the number or the cost of claims being made.

If dash cams don’t impact the way people drive, nor do they cut down on the number of claims made, and why should they have to offer a discount for you to get one? But that doesn’t mean there is no use for dash cam, so don’t let the fact that insurance companies won’t offer a discount to deter you from using one. It might save you in the long run.

The Pros of a Dash Cam

Here’s where an accident can get really sticky. Many insurance companies and even courts would try to determine who is at fault for an accident. Disputes can happen. No one wants to end up paying more for their insurance by getting blamed for an accident. No one wants to pay for additional fees or for repairs. When that happens, having more evidence is better than having less or none at all.

Dash cam will show exactly what happened and how it happened. Problem is, it doesn’t always do that. There’s no guarantee that the camera will be pointed in exactly the right direction. It’s not always a clear picture and in that case, there’s no guarantee that the footage would even be used in the first place.

Even in the event that you have pretty clear evidence that you’re not at fault, it’s possible that your insurance provider won’t even look at. In fact, none of the major insurance providers out there today have any sort of policy regarding how the apply dash cam footage to a claim. In most cases, pictures taken after the accident are more highly regarded and are standard procedure.

It is then when law enforcement does their investigation to determine who was at fault. Really it will come down to whether the person filing a claim with thanks that the footage would be helpful. They might not think that at all and decide not to use the footage, even if it is obvious that you’re not at fault.

Other Ways Dash Cams Can Help

Whether or not you get help from your insurance company over claim through the use of a dash cam is really the flip of a coin. At the same time there’s one major area in which dash cams can help you: fraud. Fraud is on the rise. You can find many videos of people out there who specifically run into cars in order to make a claim they’ve been hit, seeking more for an accident that didn’t happen.

Other things like a fender bender or a hit and run. You have solid evidence that this happened, as many people might claim it happened but it really didn’t. In a lot of accident cases, it’s always a battle between he said-she said. Your dash cam could be a reliable source, but it’s best not to rely on it 100%.

Can An Overweight Truck Cause A Car Accident?

January 16, 2018 by Chip Cossé

According to the National Highway Traffic Safety Administration, nearly 4,000 people died, and more than 100,000 were injured as a result of crashes involving trucks in one year alone. One reason for these crashes is the inability to control the truck due to it being overloaded or overweight. But, can a truck accident attorney help?

The Federal government and most state governments shave laws that restrict how much material and how much weight a truck is allowed to carry. The manufacturers of the trucks take into account the various parts used in the building of the truck, like the axles and brakes and other parts. They then assign a GVWR rating which stands for Gross Vehicle Weight Rating, and that number is posted on the plate of the truck.

Truck drivers are required to stop at weigh stations regularly to ensure they are not over their load limits. When a driver does not do that or fails to lighten the load they are hauling when it is overweight; accidents can happen.

Why Does The Truck Weight Matter?

There are several ways that an overweight truck can go out of control. The weight of the truck may cause the truck to move down a steep incline faster than the driver expects or can control. A truck hauling more than 25,000 pounds does not come to a stop easily. If the truck begins rolling faster than the driver can control, it is going to hit and cause significant damage to anything in its path. That includes cars and passengers.

Distribution Of Weight

Just as putting too much weight on the back of a pickup truck or an automobile causes the vehicle to be off balance, having a load in a semi-trailer that is improperly loaded affects its balance. But when you are dealing with a huge vehicle and thousands of pounds of materials, that balance issue can cause a truck to turn over.

If the truck has to make a sharp turn, it can roll-over, and if an automobile is beside it, it will crush it. This will not end well for whoever is in the automobile.

Insecure Loads

Some trucks have open trailers. This is a flat trailer that has no sides or top. The materials used for hauling are strapped to the flatbed.

When a flatbed trailer is improperly loaded, it is difficult to strap the load down. It has a maximum height and weight that can be safely secured. If those numbers are exceeded, the load can come loose, and when it does, it can hit the people, automobiles, and structures around it. This can cause monumental damage and loss of life.

Who Is Responsible?

This is a question that is best answered by an attorney. The fact is that any number of people may be responsible. Maybe more than one person is responsible.

The driver of the truck has a responsibility to ensure they are hauling a proper load. The loader of the truck is responsible for not exceeding the limits of the vehicle they are loading. The truck line that owns the truck has a responsibility to keep meticulous records, as does the driver, so there are times they are held liable.

One thing is certain, if you are injured or someone you love is killed because of an overweight or improperly loaded truck, you should contact a truck accident attorney.

Is Your Truck Accident Settlement Fair?

January 9, 2018 by Chip Cossé

You or someone you loved was injured in an accident with a big truck. Our New Orleans truck accident lawyers know that this happens all too often. Everything we touch comes to us by way of a truck at some point. A fully loaded truck is hard to stop and hard to handle. If a truck hits you or turns over on you, there is no doubt that there will be damage,

You may be surprised at the insurance representatives who reach out to you. They seem so concerned about your property and injuries. They may make you an offer to settle right away, so you can move on quickly.

They Seem To Be Nice And Fair

In actuality, several parties can be responsible for your accident and damages. Perhaps the truck was fitted with a part that failed? The company who sold that part may be liable. Maybe the truck driver had been on the road more hours than he or she was allowed to be. Maybe the people who loaded the truck put more weight on it than the truck could safely handle.

If you settle with the company, it is over. If you find out later that you have physical damage that may not heal, or if you have PTSD from the shock of the accident, you cannot go back and ask them to pay for these expenses. What if your injuries ultimately caused you to be unable to work in your chosen profession? Would that settlement cover the expenses required to live?

You Need An Attorney

An experienced attorney knows what is needed to win in court. Their first order of business is to gather that information. Your lawyer knows all the things that “could” happen and they prepare to seek results to cover you if these become your reality.

Your attorney then contacts the insurance company of the truck line or truck driver involved. He or she summarizes the proof they have in a way to let the insurance company know that if they are not willing to be fair, your lawyer has enough to win in court.

The attorneys on both sides have a job to do. Your truck accident attorney seeks to ensure you’re financially made whole from immediate and future damages and injuries. Your lawyer wants to be sure that you will be able to live in the lifestyle you are accustomed to.

The attorney on the other side of the negotiation table wants to pay as little as possible. They are not concerned with you or your situation. An insurance company collects premiums every month from drivers. If the driver has no accidents, they simply get to keep the money. If the driver does have a wreck, they have to cover the expenses. That is how insurance works. So, every dollar they pay you comes right off their profits.

Both attorneys know it is best if they can come to an agreement. It cost time and money to go to court. When they do end up in court, they argue their case to a judge, and the judge decides who is right. It is a 50/50 chance at best. So, both parties want to come to a settlement.

If you have been in an accident with a truck. Do not take the first offer that is pitched your way. Call our truck accident attorneys and let them do what they do best. They can fight to ensure you get what you are due.

The Importance of Speaking with an Attorney Before Accepting a Truck Accident Settlement

May 9, 2015 by Chip Cossé

After an accident, the at-fault party’s insurance company will be in touch with you and, while it might seem like they are trying to be helpful, the fact is that the insurance adjuster you end up speaking is not your friend. In a truck accident case, where more than one party might be at fault, it is possible you might even hear from multiple insurance companies. This is where a truck accident lawyer can help.

Regardless of the circumstances, however, keep in mind that any offer they propose to you will likely be too low to even begin to appropriately compensate you for the injuries you suffered. To ensure you are not being taken advantage of, contact a personal injury attorney as soon as possible.

Here are some reasons why speaking with a personal injury attorney prior to considering an offer is so critical:

Insurance companies are more likely to adequately compensate for claims when the case is being handled by an experienced personal injury attorney. It is much easier to take advantage of someone who has no legal experience, is overwhelmed by injuries and medical bills, and is trying to manage a claim alone than it is to take advantage of an attorney who is skilled and experienced in dealing with these types of cases.
If you are concerned about legal fees, bear in mind that most reputable law firms actually provide free initial consultations, so if you are not sure if you want to hire an attorney, at least take the time to speak to one before making a solid decision on the matter.
There is no turning back if you settle your case and sign a release form. If you find out later on down the road that the amount you settled for is not enough to cover your medical bills or lost wages, you cannot reopen your case. Therefore, it is imperative that you do not rush into this major decision no matter how tempting the offer might be.
An attorney can help you evaluate the insurance company’s offer and advise you if it is fair. It would be impossible to know if the offer an insurance company is making is acceptable if you do not know the value of your claim, which is why speaking with an attorney is crucial. He or she will be able to provide a rough estimate of what your case is worth, giving you a better idea of what is truly an acceptable settlement offer.

Given the severity of truck accident injuries, not obtaining fair compensation can be detrimental to your future, so do not hesitate to reach out to a personal injury attorney as soon as possible.

New Orleans Truck Accident Attorney

If you were injured in a truck accident, you are probably facing terrible injuries, costly medical bills for necessary treatments and procedures, and lost wages. At the Cossé Law Firm, attorney Chip Cossé has decades of experience and a proven track record of success. You should not have to endure this situation on your own. Reach out to our legal team today.

Call our office at (504) 588-9500 to schedule a free consultation.