Trucks on the road present a greater danger than other vehicles when involved in motor vehicle collisions. They are more difficult for a truck driver to maneuver and for other drivers to avoid because of their size. Thus, when individuals are involved in truck accidents, they are more likely to suffer serious injuries and even death as compared to if and when they are involved in automobile accidents.
A 27-year-old Louisiana woman sadly experienced the traumatic consequences of a trucking accident when driving through the intersection of Central Thruway and South Choctaw Drive near Baton Rouge. The police investigation reveals that the driver of an 18-wheeler was making a left turn while having a protected green left turn arrow. The woman apparently slammed her minivan into the truck as it was making this turn.
Although the woman was driving a vehicle larger than most cars, it did not protect her from the impact with the truck. The 27-year-old died as a result of the crash. At this point, the crash is still under investigation, and it is unclear whether the truck played any role in causing the accident.
Louisianans who are involved in similar accidents or have loved ones involved in such accidents may think that the only person from whom they can seek legal recourse is the truck driver. The law, however, permits recovery from a host of other possible defendants in the event that they are found to have acted with negligence. In addition to the truck driver, victims may have viable claims for liability against employers, trucking companies, contractors and insurance companies.
The ability to sue a truck driver’s employer derives from theory of respondeat superior. If a plaintiff can show that the truck driver was acting in the scope of his employment during the accident, the plaintiff may be able to argue that the truck driver’s employer is also liable because it was exercising some degree of control over the driver at the time of the accident
A victim of a truck accident is therefore not limited to collecting for her injuries simply from the people at the scene of the accident. Others, who are perhaps less obvious, may also be responsible.
Source: www.wafb.com, “Woman dies after crashing into turning 18-wheeler,” Joshua Auzenne, July 16, 2013