If you’ve been in a car accident in Alexandria with a commercial truck or semi truck, the question arises about who is liable for the damages to your car. At Broussard Hart, we find every accident case is a unique situation and can have subtle nuances that prevent us from giving a blanket answer. In general, Louisiana law dictates that if the driver is an actual employee of the trucking company, known as a “company driver,” the company is only liable for the driver’s actions within the scope of his employment. For example, let’s say the driver just delivered a load and is waiting for his next dispatch, and he or she has an accident or commits some crime. This would require a jury to decide if he or she is acting within the scope of his employment when he had the accident or committed the crime since his actions are not purely personal. If the driver drops off the trailer at a carrier’s facility and then engages in a personal mission — like driving home for the night — that driver may be acting outside of the scope of his employment. There are some other factors that must be examined, such as the drivers regular practice and whether he was on call. If the commercial carrier leases an owner/operator truck to carry a load, the carrier is most likely responsible for the actions of the truck driver on the trip. Contact Broussard & Hart for more information today!
In some cases, the truck owner, trailer owner, employer, truck owner insurance company, trailer owner insurance company, and others may be on the hook. Sometimes, it can be difficult to determine who is primarily responsible. Without an attorney, the tricking companies will play games with you. We’ve only given a few different instances of what an accident between a commercial truck and a car can wind up looking like. This is much more complicated that we can cover in a single blog post. If you or a loved one have been the victim of a commercial truck accident, you’ll need the help of a personal injury attorney who has experience in taking on the trucking companies and insurance companies. Contact us toll-free at (866) 281-4774