Louisiana Big Rig Accidents: Who Could Be At-Fault?

Louisiana Big Rig Accidents: Who Could Be At-Fault?

When there is a big-rig or tractor-trailer accident here in Louisiana, there may be many parties who are at-fault. The driver of the truck, of course, may be primarily responsible for the accident if the driver committed some form of misconduct or negligence.

The parties may have a share of the fault and the responsibility to compensate the victims. For example, the driver’s employer can be held liable because employers are generally held liable for the wrongful behavior of their employees if the employee is working or “engaged in the business” of the employer. Legally, this is called “vicarious liability” or the theory of “respondeat superior.” The truck driver’s employer can also be held liable to the victims for its own acts of negligent misconduct. Examples of independent negligence that an employer can commit are engaging in negligent hiring, negligent retention, negligent supervision, negligent training and more.

In addition to the driver and the driver’s employer, the following are also potential at-fault persons and/or entities that can be sued:

• The owner of the truck — if different from the driver’s employer
• The company or person who leased the truck — if the truck is leased
• The manufacturer or seller of the truck — if mechanical failure is partly to blame
• The manufacturer or seller of parts for the truck — again, if there was mechanical failure
• Any repair shop, person or company that repaired or performed maintenance on the truck — if there was mechanical failure
• Any person or company that may have inspected the truck for mechanical failure, load weights or for other compliance with rules and regulations
• Any person or company that may have loaded cargo on the truck prior to the Louisiana accident
• Passengers with the truck driver if they interfered with the trucker’s ability to drive
• Local and state government agencies if the roads, road conditions, signage or protective devices were badly designed or defective

Louisiana big rig accidents are often the most destructive types of accidents. Louisiana big rig accidents have a higher rate of serious injuries and fatalities than other types of road accidents. The weight and mass differences between an eighteen-wheeler and a standard car or SUV can be very substantial, particularly if the truck has a full cargo load. As a result, the smaller vehicle is often crushed and the occupants suffer severe injuries and fatalities. Because of this, it is essential to identify ALL potential at-fault parties and bring them to justice. This is one reason that victims involved in Louisiana big-rig accidents need to retain experienced and proven Louisiana big-rig accident lawyers — like those at Mansfield, Melancon, Cranmer & Dick LLC — to handle their case. Experienced Louisiana personal injury lawyers know the importance of locating all of the at-fault parties and making insurance claims and/or making sure they are sued if a lawsuit is filed. If a person or company is even partly at fault for causing injuries in Louisiana, the victim or victims have a right to compensation. Louisiana has a comparative fault statute which mandates that each at-fault party be charged to pay its percentage of the victim’s compensation.

Our Attorneys Can Help

For more information, contact the Louisiana big-rig trucking accident litigators at Mansfield, Melancon, Cranmer & Dick LLC. If you have been the victim of a Louisiana accident, we have a proven track record of success handling many types of Louisiana personal injury cases, including car accidents, boating accidents, motorcycle accidents, premises liability accidents, and cases involving nursing care facility abuse/neglect. Contact us by calling one of our offices: New Orleans at (504) 500-1108, Baton Rouge at (225) 612-0800, or Lafayette at (337) 409-0003. You can also request a free consultation by using our “Contact Us” page.