Trucking Accidents

‘Vicarious liability’ is often the method of recovery after a carrier truck accident. Vicarious liability makes any third party that had the “right, ability or duty to control” the activities of a violator potentially liable for damages. Carrier companies may employ truck drivers on a contractor basis or full employment basis. In either situation, an employer may be liable for negligent acts or omissions by their employees in the course of employment (sometimes referred to as ‘scope of employment’). For an act to be considered within the course of employment it must either be authorized, or be so connected with an authorized act that it can be considered a mode, though an improper mode, of performing it. Our attorneys at The Law Firm of Eddie Clark & Associates can help you in the process of identifying responsible parties so you can get the justice and compensation you deserve.

Louisiana is also a direct action state. Direct action states allows an injured party to name an insurance company directly in the lawsuit. This can be a slightly more complicated legal process but can be advantageous to your award, as courts are willing to give higher awards when insurance companies are paying. Aside from insurance companies or carrier companies, the parties responsible for your injuries may also include the truck driver, a municipality, any number of intervening parties, or even the manufacturer of malfunctioning truck or car parts.