Shreveport Injury Lawyer > Blog > Truck Accident > Whom Can I Sue After A Trucking Collision?

Whom Can I Sue After A Trucking Collision?

Large truck accidents in Shreveport are often devastating, resulting in severe and deadly injuries. In particular, collisions involving semi-trucks and smaller passengers can be particularly dangerous given that big rigs tend to weigh anywhere from 20 to 30 times as much as a car or light truck, according to the Insurance Institute for Highway Safety (IIHS). Given that many truck collisions result in fatal injuries, it is necessary to consider a wrongful death lawsuit instead of a personal injury lawsuit. As you may know, wrongful death cases are closely related to personal injury cases. However, rather than the injured person being the party to file the claim, a surviving family member typically steps into the shoes, metaphorically speaking, of the fatally injured person to file a wrongful death lawsuit.

Who can be sued for a personal injury or wrongful death claim after a trucking collision? The specific party or parties you may be eligible to sue will depend upon the cause of the crash. As such, you should have a Shreveport truck collision lawyer evaluate your case as soon as possible. In the meantime, the following are examples of parties who can be liable in truck accident cases, including claims filed by the injured party as well as wrongful death lawsuits.

Truck Driver

Truck drivers are frequently liable for truck crashes as a result of driver error or negligence. Truck driver negligence can take many different forms, including fatigued driving, distracted driving, aggressive driving, and even intoxicated driving.

Employer of the Truck Driver

While truck drivers do not often have a lot of money or assets to pay damages after a trucking collision, it is important to know that employers (including large truck companies) tend to have much deeper pockets and can be liable for a crash. Indeed, even if the employer or the truck company did not directly cause the crash, they can be liable for the truck driver’s negligence. Accordingly, if a trucker’s negligence caused the collision in which you were seriously injured or lost a loved one, you should find out if you can sue the truck driver’s employer.

Why are employers liable for a truck driver’s negligence? This liability occurs through the legal doctrine of “respondeat superior.” Under Louisiana law, the language of the statute says that “masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” In other words, when a truck driver is working and causes harm because of negligence, the employer can be liable.

Loader of the Trailer

Many large truck crashes result from an improperly loaded truck bed or trailer. When an improperly loaded trailer has caused the collision, the employee who negligently loaded it may be liable. In addition, the company responsible for loading the trailer can be liable.

Contact a Shreveport Truck Crash Lawyer Today

Beyond the parties listed above, many other different people or entities can be liable for injuries in a truck collision. To learn more and to get started on a claim, you should get in touch with one of the experienced Shreveport trucking injury lawyers at Rice & Kendig, LLC today.

Sources:

iihs.org/topics/fatality-statistics/detail/large-trucks

legis.la.gov/legis/Law.aspx?d=109371

law.justia.com/codes/louisiana/2011/cc/cc2320

By Rice & Kendig, LLC | Posted on February 14, 2023

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