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Theories of Liability in Trucking Accidents

Because truck drivers are capable of doing far more damage than they’re able to afford, oftentimes victims of such accidents will find that the truck driver does not have the financial resources to fully compensate for the injuries the victim has sustained. If you find yourself in a similar situation, it’s likely that your personal injury attorney will use various theories of liability to look for other responsible parties to be held accountable in order to achieve fair and just compensation on your behalf. In this blog, our New Orleans truck accident attorney explains two common theories of liability that may be used.

Employer Liability

“Respondeat Superior” is the legal term used to describe this theory of liability. Under this ideology, employers should be held responsible for the actions and wrongdoings of their employees. If the truck driver who caused your accident is an employee of a trucking line or carrier company, you may be able to hold the trucking company responsible for your injuries. However, these types of cases can be tough – oftentimes trucking companies will take whatever necessary action to distances themselves from their employers.

Negligent Hiring

Companies have an obligation and duty to uphold to avoid hiring employees they have reason to believe are likely to cause harm to themselves or others while on the road. Under this theory of liability, if you’re able to prove that an employer of a trucking company knowingly hired a potentially dangerous or reckless truck driver, the employer can be held responsible for the accident and your injuries.

Chehardy Sherman Williams is a leading New Orleans law firm composed of some of the finest legal professionals. Our attorneys have a deep passion for the law and dedication to clients. If you’ve been injured at the hands of another’s negligence, we invite you to contact us today.

Call a skilled and experienced New Orleans truck accident attorney today at (504) 217-2006 to schedule a consultation.