Not all accidents are created equal. Case in point: commercial trucking accidents versus individual car accidents. Despite the obvious sheer size difference between a sprawling 18-wheeler and a compact car, there are significant legal differences that determine civil liability in these accidents. In particular, if a truck doesn’t comply with codes and standards set by the Louisiana Department of Transportation, that trucker or his company may be held liable for negligence.
While law enforcement crash investigations play a crucial role in determining who might be liable for a deadly crash, a truck accident lawyer in Louisiana can examine a trucking accident and advise you on the best way to get the compensation you may be owed following a car or truck accident.
Commercial trucking companies are responsible for ensuring their vehicles, and by proxy their drivers, conform to federal standards and training protocols set by Federal Motor Carrier Safety Administration standards. If a company or driver fails to conform to federal standards or statewide procedures, they could be found liable in the event an accident occurs.
When non-commercial drivers are found liable in accidents, they’re often solely liable. This is one of the biggest distinctions between individual, non-commercial drivers and commercial drivers: while non-commercial drivers can be individually liable, commercial drivers are often found to be vicariously liable.
In most liability cases, these are the two most common forms of liability:
- Sole Liability: An individual is found entirely liable for an event. Example: A drunk driver strikes and kills a pedestrian. Because that individual is solely responsible for their decision to drink and drive and it led directly to the pedestrian’s death, that driver would be determined to be solely liable, not including the criminal charges they would face.
- Vicarious Liability: Vicarious liability is when the negligence of an individual is also the fault of a superior or entity above that individual that contributed to the cause of the negligent incident. Example: If the owner of a trucking company fails to properly vet and hire truckers, leading to the employment of a reckless or risky driver, they could be found liable by proxy if that same driver is found to be at fault for a serious crash.
As illustrated by these examples, one of the biggest differences between truck crashes and non-commercial car accidents is the particular kind of liability involved. Ultimately, a personal injury lawyer in Louisiana can determine which particular type of liability is involved in your case, and the compensation you’re entitled to.
Defend Against Any Truck or Car Accident Liability in Louisiana
Whether it’s a truck or car accident, we can fight for the compensation you deserve. If you or a loved one were involved in a car or truck accident, it’s time to reach out to the attorneys at the Law Offices of E. Orum Young. We’ve helped our clients battle against overwhelming damages associated with post-accident injuries for 35 years and counting, and we can do the same for you and your family.
It all starts with a free consultation and case review with one of our qualified accident attorneys. Give us a call 24/7 at (318) 814-9352 or complete our online contact form.