Do You Sue the Truck Driver or Truck Company After a Crash?

December 2, 2023

Do You Sue the Truck Driver or Truck Company After a Crash?

Truck accidents are one of the most catastrophic types of road accidents that can occur. According to the National Highway Traffic Safety Administration, more than 4,000 people were killed in accidents involving large trucks in 2019 alone. When truck accidents occur in Louisiana, it is essential to know who to hold responsible. This blog post will explore the question of whether to sue the truck driver or the trucking company after a crash. If you or your loved ones have been involved in a truck accident in Louisiana, Schmolke Law Firm can help you navigate the legal process and obtain maximum compensation.


Who is Liable for a Truck Accident?



When an accident occurs, the liable party is usually the one who caused it through their negligence. In a truck accident, both the driver and the trucking company may be liable. Louisiana state law imposes strict liability on trucking companies that operate in the state, making them responsible for the actions of their drivers. However, the driver may also hold some liability if their negligence contributed to the accident.


Suing the Truck Driver


Typically, a truck driver who causes an accident can be sued in their capacity as an individual. Seeking compensation from the truck driver may be necessary if the trucking company is not forthcoming with settlement offers or refuses to take financial responsibility for the accident. Moreover, if the driver was acting outside the scope of their employment, such as driving on their free time, it may be necessary to sue the driver directly.


Suing the Trucking Company


When a truck accident occurs, it is imperative to look into the trucking company's responsibility. The trucking company should be held accountable for any unsafe practices, such as overloading, driving with faulty brakes, or hiring inexperienced drivers. If you can prove that the trucking company's negligence was a factor in the accident, you may sue them for damages.


Will the Trucking Company Pay Compensation to the Victims?


The trucking company may compensate victims of the accident if they are found at fault. The amount of compensation will depend on the damage incurred by the victim, including medical expenses, lost wages, and pain and suffering. If the company's insurance policy does not cover the full amount of damages, the company may have to pay the balance.


In conclusion, truck accidents are often catastrophic, causing severe injuries, property damage, and even death. When such an accident occurs in Louisiana, it is essential to determine who is responsible and seek compensation. Whether you need to sue the truck driver or the trucking company depends on the circumstances of the accident, but it is crucial to have legal assistance. At Schmolke Law Firm, we have experience representing truck accident victims in Louisiana and can assist you in obtaining maximum compensation. Do not hesitate to contact us if you require Legal assistance.


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