Can I Sue a Trucking Company for an Accident Caused by their Driver?
According to CC §2320, you can sue a trucking company for an accident caused by one of its drivers. The reasoning is that a company is responsible for the actions of employees who are completing their duties. Filing a claim or lawsuit against the truck driver’s employer can help you get compensation under state law when someone harms you.
When you work with our team of injury lawyers, we can help you construct a case to hold the driver and their employer accountable for your injuries and financial damages.
Our Firm Could Help You Sue a Trucking Company After an Accident
State law allows you to represent yourself when you file a claim or lawsuit after a truck accident. However, you may want to consider the benefits of working with a truck accident lawyer from our team to resolve your case. Some of the services we offer include:
- Submitting insurance company forms
- Building a supportive evidence file against the driver, trucking company, and other liable parties
- Locating witnesses to the collision
- Accurately valuing your lawsuit
- Negotiating with the liable party or parties
- Updating you as your case progresses
Another major benefit of working with a lawyer is assurance that your case is filed on time. Complying with the statute of limitations in your area is as important as accurately building and valuing your lawsuit in the first place.
Proving the Trucking Company’s Financial Responsibility
To seek compensation from the trucking company for a driver’s actions, you are required to prove the accident’s cause. We can help you understand and establish the necessary legal elements. To show cause, our team works hard to prove:
- Duty: the driver’s responsibility to drive safely for your (and others’) protection
- Breach: the driver’s violation of a law or procedure meant to keep you safe
- Cause: how the driver’s actions led to the collision
- Damages: any injuries and expenses you face due to the collision for which you seek financial recovery
Our team uses your car accident report, notes from the investigating police officer, witness statements, photos, and video footage to tell the story of your accident, determine the cause of the collision, and prove the at-fault truck driver’s negligence.
We will strategically compile and organize this information and use it to build your evidence file. Then, one of our attorneys can present it to the liable party or their insurer and negotiate a favorable settlement on your behalf. If necessary, we’ll take them to court.
Accurately Calculating the Accident’s Financial Costs
Understanding the range of economic and non-economic damages you can recover is an important part of your truck accident lawsuit. When you file a lawsuit or insurance claim after a truck accident, CC §2315, allows you to request compensation for the following types of accident-related expenses:
- Known and anticipated medical bills
- Known and anticipated loss of income
- Physical and emotional pain and suffering
- Property repair or replacement
- In-home medical care and assistive devices
In addition, if a loved one loses their life in the accident, you could recover their reasonable funeral and burial expenses, as well as compensation for your loss of consortium, society, and companionship. Our team members will help you carefully document your recoverable damages to ensure no eligible expenses are mistakenly omitted.
Do Not Let Time Run Out on Your Right to File a Lawsuit
It is never too early to involve our team in your pursuit of compensation after an accident. When you or a family member is involved in a trucking accident, Louisiana law defines the time you have to file your lawsuit:
- If you were injured in the accident, the personal injury statute of limitations found in CC §3492 generally requires you to file within two years of the date of the accident.
- If a family member did not survive the accident, the wrongful death statute of limitations found inCC §2315.2 generally gives you the same amount of time to file but beginning on the date of demise.
With guidance and support from our team, you can understand and comply with the relevant filing deadline. We can also help you avoid many of the risks you might encounter if you miss the filing deadline.
The Risk of Missing the Filing Deadline
If your lawsuit’s filing deadline expires, the at-fault party may request its immediate dismissal. The court is likely to grant this request, which could leave you with no further recourse to pursue the truck driver or the trucking company for compensation.
By notifying our team immediately after your accident, you give us the time to meet the statute of limitations. In addition, we will have time to interview you and accident witnesses while their memories are fresh. We can also canvass the accident scene and surrounding area for video and surveillance footage and smartphone footage from witnesses and passersby.
Contact a Trucking Accident Attorney Today
When you are ready to seek financial recovery and sue the trucking company for an accident caused by a truck driver, contact our team at Laborde Earles Injury Lawyers today. Call today to start fighting for your rights.