Understandably, the trucking industry requires their employees to be out on the road. If a truck driver is believed to be responsible for an accident that occurs within the scope of employment, the employer could be held liable for any financial damages. For example, a man injured in a truck accident last year is suing the driver and the driver’s employer.
Documents filed in the U.S. District Court for the Eastern District of Louisiana indicate that the injured man was traveling east on Interstate 12 on Aug. 29, 2014. As he and the traffic slowed at an exit, an 18-wheeler behind him failed to slow and slammed into his vehicle. The plaintiff suffered unidentified injuries in the crash.
He alleges that the truck driver followed his vehicle too closely and failed to maintain control of his own vehicle. Further, he claims that the truck moved too fast for the flow of traffic and that the driver failed to pay appropriate attention to the road. His employer is also listed as a defendant in the lawsuit for, among other issues, failing to properly train the driver. The victim requests restitution for medical expenses, property damage and lost wages. In addition, he lists pain and suffering and loss of enjoyment of life as part of his claim for financial relief, among other things.
When it comes to personal injury claims stemming from a truck accident, one of the first steps is to determine whether the driver was an independent contractor or had an employer. Claims against an employer can be for vicarious liability and/or that the company was negligent in its training or supervision of its drivers. If a Louisiana court determines that the company is liable in addition to the driver, a monetary judgment may be entered against both parties.
Source: The Louisiana Record, “Man sues 18-wheeler’s driver in rear-end collision“, May 14, 2015