This New Orleans personal injury legal blog has dedicated several posts to the dangers of truck driver fatigue; poorly maintained trucks, poorly trained drivers, and other causes of accidents involving large trucks.
When a truck accident happens, it can be confusing for a victim to know exactly which parties they may include in their litigation to pursue their accident-related losses. Is only the driver responsible? Do the owners of the truck or the entity that paid for the truck to be on the road have any truck company liability? Lawyers who work in this area of law can provide their clients with case-specific guidance to help them claim the compensation they are owed from their losses.
First a victim may include the driver of the truck as a defendant, if the driver’s negligence was a contributing factor in the accident. Additionally, the truck driver’s employer may be named. Under a legal doctrine called respondeat superior, the employer is liable for negligence committed by its employee while the employee is acting on behalf of the employer. The employer may also be independently liable, if its own negligent maintenance, training or supervision played a role in causing the crash.
The insurance company that covers the truck driver and employing company is not normally named as a defendant. However, it is usually the insurance company that will be the source of compensation to victims in these types of cases. A personal injury attorney can provide a truck accident victim with the legal help they need to pursue a claim for compensation.
