Lafayette, LA – Companies that ship and transport goods with the assistance of drivers who operate large trucks always have to deal with the potential for an accident. While they may buy insurance coverage for their fleets of vehicles, they can still be sued if a driver who is working for them is found to be at fault for injuring another person on the roads. Depending on the seriousness of the collision and the victim’s resulting injuries, the company may face serious financial consequences for harming other individuals. There are specific legal reasons why the company that hired the driver and owns the truck is liable for these losses, rather than leaving payment for problems to the individual driver. 

Employer liability

As a basic rule in tort law cases, anyone who is working, engaged in the normal job duties, and acting at the direction of the employer may potentially cause various types of harm and losses to others. In these situations, the company that is responsible for the work, is also responsible for any damage that they cause, and they will be attached along with the individual worker in any civil case that results from these actions. 

Negligence lawsuits against trucking companies

The lawsuit against the trucking company will be guided by the principles of negligence under Louisiana law. A negligence case includes four elements including a duty of care, a breach of the duty of care, causation, and damages. State law dictates that when a plaintiff can prove all four of these elements, the damages awarded to them can be reduced based on the principles of comparative negligence. If even one element is not shown with sufficient evidence based on the relevant burden of proof, the victim will not win their case. 

Dividing fault in Louisiana

Comparative negligence is used when a plaintiff is found to be partially at fault for their own injuries. This particular doctrine allows the victim’s damage award to be reduced relative to their level of fault, rather than barring their recovery altogether or preventing them from bringing a lawsuit at all. In practice, even a victim who was mostly at fault for the accident may still have a chance of collecting some damages to help offset their costs after the collision. This depends on the particulars of the case and their injuries. 

Learning how to bring a civil case 

There are personal injury firms available to consult with accident victims and discuss the possibility of bringing a civil case against the person or business responsible for losses and injuries. Miller, Hampton, and Hilgendorf is a respected firm that assists clients in Lafayette and other nearby parts of Louisiana. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

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