(Newswire.net — May 1, 2022) — If you get involved in a truck accident in Louisiana, you are eligible to sue the trucking company. Once you file a lawsuit, the firm may be held liable for some or all of those damages, but that doesn’t mean that suing the trucking company will always be successful. Nevertheless, with a lawyer on your side, you maximize the chances of a successful lawsuit.
Establishing Liability
To prove liability against a trucking company, you must show that the driver wasn’t acting reasonably when they caused the crash. You also have to show that it was reasonably foreseeable that this type of accident could happen under the circumstances.
There are many factors at play when determining liability in truck accidents:
- The driver’s training and competency
- Truck maintenance and safety requirements (as regulated by the federal government)
- Whether the cargo was properly loaded and secured
How Trucking Companies Can Be Sued After an Accident
The trucking company that employs the truck driver is often liable for the negligence of its driver. This is because the employer-employee relationship creates a legal responsibility for employers to control their employees and ensure they do their jobs correctly.
According to CC §2320, a trucking company can be held accountable for the negligent actions of its employees if it fails to prevent them from acting negligently, even if it could not have prevented the accident itself.
Trucking companies must follow specific laws and regulations that may apply in some cases, including:
- Hours of service (HOS) regulations
- Driver qualification and hiring standards
- Rest break requirements
- Drug testing requirements
A trucking company can also be held liable if it fails to comply with these standards. For example, a trucking company can be held liable if it fails to check an employee’s record before hiring them; this is called negligent hiring.
Filing Your Claim Against a Trucking Company
Suing a trucking company is no different from suing anyone else in Louisiana. You must prove that the trucking company, driver, or other negligent party was at least partially responsible for your accident. About Louisiana federal laws, you are eligible to sue the trucking company when the accident is caused by one of its drivers.
The trucking company’s duty to you will be based on what is known as “negligence per se” or a violation of federal safety regulations imposed on truck drivers and companies by the Federal Motor Carrier Safety Administration (FMCSA).
An Alexandria truck accident lawyer will help you through all the legal processes. They will ensure you get compensated in case of an accident caused by the truck driver of a particular trucking company.
Also, an attorney can show that the driver or the trucking company violated federal laws and regulations. The court will likely prove negligence unless the defendant has a valid excuse for their failure to obey those laws.
A truck accident lawyer will help you file a lawsuit or insurance claim to be compensated according to CC §2315, depending on the type of accident.
Drivers and companies must take precautions to avoid a collision, which dangerous driving behaviors may cause. However, not all accidents are caused by rogue drivers. Sometimes, the trucks can be faulty, hence causing accidents. If a driver causes an accident because of fatigue, distractions, or speeding, the driver will usually be held liable for the crash.
When determining fault in such cases, it is essential to make sure:
- The truck driver drove over the hours-of-service limit set by the Federal Motor Carrier Safety Administration (FMCSA) or was otherwise drowsy while operating the vehicle
- The trucking company forced drivers to violate common trucking laws
Final Thoughts
Louisiana law states that a trucking company or business is responsible for the actions of their drivers and any equipment they use. In other words, if a semi-truck driver is employed by a trucking company and causes an accident, the trucking company may be liable for the accident and resulting damages.
It’s not always easy to determine liability in these situations. Several factors determine whether or not you can file a claim against the driver himself or the trucking company.
With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more
palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.