Determining Liability in a Louisiana Truck Accident
Louisiana accidents involving commercial trucks are much different than car accidents and usually involve more severe personal injuries because of the sheer size of most commercial trucks. Commercial trucks can range from as large as an 18-wheeler to as small as a delivery truck, but all can inflict severe damage in the event of a truck accident.
In a commercial truck accident, the driver is not always the responsible party. There are many scenarios where the trucking company can be held responsible for the driver’s actions. Under the doctrine of respondent superior, it is possible the employee (driver) can be viewed as an agent of the employer (trucking company) and the trucking company, therefore, can be held liable for the driver’s accident.
In order to hold the trucking company responsible, you will have to establish, among other things:
- The driver was working under the authority of, or at the direction of, the trucking company; and
- The trucking company trusts the driver with the trucking company’s business to some extent.
The trucking companies’ liability and accountability for their driver’s actions will vary depending on:
- The type of truck accident that has occurred; and
- The type of commercial truck involved in the accident.
Trucking companies are regulated by federal laws which provide very strict rules for when trucking companies may allow drivers to operate commercial motor vehicles. A trucking company acts irresponsibility if they allow a driver to operate a vehicle while it is unlawful to do so.
Should the driver illegally operating a commercial truck be involved in a Louisiana truck accident, it is very likely the trucking company could be held financially responsible for any damage or injuries you incur. A finding that the trucking company is liable for the accident means it is more likely you will be able to collect a full recovery.
Contacting a Louisiana Truck Accident Attorney
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.