Does an accident victim need to sue a trucking company or the driver after a crash in Louisiana?
Baton Rouge, LA – Suing a trucking company has some different procedures and issues when compared with a lawsuit after a standard car accident. When someone gets hit by a semi truck or similar commercial vehicle, there are multiple layers to the legal process. The individual driver, the business that owns and operates the truck, or both may be considered at fault or named as defendants in a civil lawsuit. While employers are generally liable for the actions of their employees engaged in normal job duties, there are also determinations that need to be made regarding which party will be the focus of the lawsuit. Much of this decision depends on the specific cause of the accident, and whether it can be traced to the negligence of the business or a poor decision made by the driver.
Trucking company responsibilities
The business that owns the truck has a number of different procedures that must be followed to help prevent accidents. This includes maintaining the vehicle itself, checking the credentials and backgrounds of the drivers, and providing adequate safety training. Any kind of clear negligence or potential problems in these areas can result in lawsuits where the business is named as a defendant. As a practical matter, the trucking company will normally have more resources through insurance or other means to pay the victim’s costs.
Issues with the driver
Sometimes the driver makes crucial mistakes that cannot necessarily be attributed to the company that they work for. This includes clear violations of company policy such as driving under the influence of drugs or alcohol, driving outside of working hours as prescribed by transportation authorities, improper record keeping, failing to secure cargo and check the load regularly,
Compensation for the victim
Regardless of which party is sued, the victim’s attorney’s job is to try to get the maximum compensation allowed by law. This can include the costs of their lost wages and missed time from work, emotional pain and suffering, as well as the amounts spent on hospitalization and medical treatment. If there was a very serious collision with a large truck, this can easily cost thousands or millions of dollars. The legal term for these amounts is damages, and the attorney can list all of the damages in the complaint that starts the lawsuit. The summary of damages is often a starting point for settlement negotiations.
Injury lawsuits in Baton Rouge
Miller, Hampton, and Hilgendorf are available to assist with lawsuits against truckers, drivers, and various other personal injury issues in the Baton Rouge area. After an accident, the firm can meet with potential clients to discuss compensation, insurance claims, and civil lawsuits.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806