If you are injured or have lost a loved one in a truck accident, you may be entitled to recover compensation. If a negligent truck driver caused your accident, they may not be the only person liable for your damages. Under the legal theory of vicarious liability, it may be possible to hold more than one party financially responsible, which can significantly increase your compensation.
Vicarious liability cases are usually complicated, involving multiple parties, insurance companies, and attorneys. You need an experienced Baton Rouge truck accident attorney to help you investigate your accident, identify all potentially liable parties, and build your strongest case.
The personal injury lawyers at Chris Corzo Injury Attorneys have decades of combined experience protecting the rights of accident victims and their families. We have the experience, resources, and skills to determine and prove the liability of all responsible parties and help you secure maximum compensation.
What is Vicarious Liability in Louisiana Truck Accidents?
Vicarious liability is a legal principle that holds employers accountable for the damages caused by their employees who are in the scope of their employment at the time of the accident or wrongful action.
The foundation of vicarious liability in Louisiana is outlined in Louisiana Civil Code Article 2320, which states:
“Acts of servants, students or apprentices
Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.
Teachers and artisans are answerable for the damage caused by their scholars or apprentices, while under their superintendence.
In the above cases, responsibility only attaches, when the masters or employers, teachers and artisans, might have prevented the act which caused the damage, and have not done it.
The master is answerable for the offenses and quasi-offenses committed by his servants, according to the rules which are explained under the title: Of quasi-contracts, and of offenses and quasi-offenses.”
In truck accident cases, vicarious liability often allows a victim to seek damages not just from a negligent driver but also from a trucking company. Likewise, if multiple contributing factors caused your accident, you can hold other employees and their employers liable, such as a negligent mechanic and the business they work for.
How Vicarious Liability Impacts Compensation
The truck drivers’ employers usually have significantly more assets and insurance coverage than the driver alone. Establishing vicarious liability and holding the truck driver’s employer liable for your damages can dramatically increase your chances of recovering maximum compensation.
How Do You Prove Vicarious Liability in a Louisiana Truck Accident Claim?
To apply vicarious liability, you must first prove that someone was negligent, which requires establishing four elements:
- Duty of care: You must show that the truck driver (or another party) owed you a duty of care. The good news is that all drivers owe a duty of care to others to operate their vehicles in a reasonable and safe manner to avoid harming others.
- Breach of duty: You must prove that the defendant somehow breached their duty of care to you. For example, in a trucking accident, if the driver fell asleep at the wheel, they would be breaching their duty of care to operate the vehicle safely.
- Cause: You must show that the defendant’s breach of duty (action or inaction) was the cause of your accident and injuries.
- Damages: You must show that you suffered actual damages as a result of the accident that was caused by the defendant’s breach of duty. Damages can be established in numerous ways, including medical expenses, physical injuries, emotional harm, or property damage.
Proving negligence is rarely straightforward or easy. You need an experienced truck accident lawyer in Baton Rouge to help ensure you prove each element with substantial evidence.
After establishing negligence, you then need to prove that another party is vicariously liable for your damages with the following criteria:
- Employee-employer relationship: The truck driver was an employee or agent of the trucking company. This may also apply to other negligent employees and their employers.
- Scope of employment: You must prove that the driver (or other party) was acting within the scope of their employment when they acted negligently.
- Causation: You must prove that the cause of the accident was the employee’s negligent or wrongful actions.
- The employer failed to prevent it: In Louisiana, you must also show that the employer might have prevented the act that caused the accident, but failed to do so.
To definitely establish the elements of negligence and vicarious liability can be challenging. However, the Baton Rouge truck accident lawyers from Chris Corzo Injury Attorneys have a deep understanding of vicarious liability cases and have helped clients recover billions of dollars in compensation. You can trust us to hold all liable parties accountable for paying your damages.
Contact a Baton Rouge Truck Accident Lawyer From Chris Corzo Injury Attorneys Today
If you have been injured or lost a loved one in a Louisiana truck accident, you may be entitled to recover compensation from multiple parties. Our truck accident attorneys in Baton Rouge have the experience and knowledge to establish vicarious liability when it applies and to maximize your compensation.
Call (225) 999-1111 or visit our contact page to schedule a free consultation to discuss your Baton Rouge truck accident claim.