No one doubts that trucks play an essential role in commercial transportation. At the same time, large trucks also pose a very real risk to you and other motorists. Because trucks are so big, they can inflict terrible damage on other vehicles and drivers.
This is exactly why truck safety regulations are so stringent. These rules don’t just apply to drivers; they also apply to trucking companies. If you’ve been hurt in a Louisiana truck accident, it may not entirely be the driver’s fault; his or her employer may share some of the responsibility.
Commercial trucking is a stressful industry where companies need to ship products in a timely manner while also dealing with traffic and driver exhaustion. However, if a trucking company encourages a truck driver to behave in an unsafe manner, and you get hurt, it may be grounds for truck company liability.
A truck driver needs a special truck driving license called a CMV driver’s license in order to legally drive a large truck. CMV stands for commercial motor vehicle. If a truck driver’s CMV license is revoked for whatever reason, he or she is legally prohibited from operating a truck.
The trucking company as the driver’s employer also has a responsibility, in that it cannot employ a truck driver without a CMV license. A CMV license indicates that such a truck driver is capable of doing this.
A commercial truck driver also needs LCV (longer combination vehicle) training. An employer cannot allow employees to drive these longer combination vehicles (which are tractor-trailer combos, like a big rig) without training. Again, this is for safety reasons.
There are many ways that a truck driver could have his or her CMV license suspended. Driving under the influence is one example. If this happens, the authorities will revoke his or her CMV license.
The employer’s obligation to take responsibility for this is called respondeat superior. This policy only applies for actions done when the employee is on the job. Exactly what constitutes being on the job is often open to debate, and may have to be decided in court.
In your Louisiana personal injury lawsuit, there may be many valid reasons to target the offending party’s employer. Not only do they bear responsibility, a ruling against them will probably net you significantly more compensation, making it easier for you to recover from the Louisiana truck accident.
Consult with your Louisiana truck accident lawyer to figure out if going after the truck driver’s employer applies to your truck accident. If the driver was unlicensed or untrained, or simply misbehaving on the job, you may have a very solid case.
After a serious truck accident, while you are dealing with injuries, medical bills, car repairs and insurance companies, it’s important to have someone working on your side.
Speaking with an experienced Louisiana personal injury attorney after a truck accident can help you understand your legal rights and options, and if necessary, help you file a personal injury lawsuit to help you recover compensation for your losses.
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