A semi truck collision can result in serious injury to people in the other vehicle. If the crash was the result of truck driver negligence, those who are injured have the right to sue for compensation. That's what two Louisiana residents are doing after they were injured in a tractor-trailer crash in Lafayette Parish.
According to the lawsuit, the plaintiffs were driving a Chevy Sierra in the eastbound lanes of Interstate 10 when they were struck by the truck. They allege that the truck driver failed to watch out for other vehicles and was negligent in the operation of his rig. They have filed the lawsuit in federal court against the truck driver, the truck company and their insurance company.
When someone is injured by a negligent driver of a commercial vehicle, they have the right to sue not only the driver but the driver's employer as well. This is because of a legal doctrine called respondeat superior, which holds an employer liable if an employee negligently injures another while carrying out their job duties.
There are a number of theories of liability that may be available in a tractor-trailer crash case. For example, the plaintiff may be able to prove that truck driver fatigue was a factor in the crash by demanding and reviewing the driver's trucking log. If the log shows violations of federal hours-of-service rules, that can be powerful evidence.
Alternatively, negligent truck maintenance may be shown by examining the truck's repair and service records. Therefore, it is important to explore all legal options following a serious truck accident.
Source: Louisiana Record, "Acadia Parish residents allege truck driver caused crash," Michael Abella, Sept. 9, 2016