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As a matter of Louisiana law, both the driver and the trucking company are generally legally liable for an accident involving a commercial big rig or 18-wheeler truck. On the other hand, as a matter of practice, the trucking company will be responsible since the company will have the largest liability and accident insurance policy, which will be the likely source of funds to compensate any victims for their injuries and damages to their vehicles. Indeed, the truck driver might not own an insurance policy separate and apart from the one provided by the trucking company.
This answer is generally accurate even if the driver is the owner of the trucking company. Many big rig and commercial truck drivers are essentially self-employed and typically establish corporations or limited liability companies to own the truck and operate the trucking business. Still, under those circumstances, the corporate entity will have a large insurance policy that covers accidents. Why is the big rig trucking company legally liable? Under Louisiana law, generally, employers are legally responsible for accidents caused by their employees. Thus, if the driver worked for a big trucking company or for his or her own smaller trucking company, the corporate entity -- being the employer -- will be legally liable under Louisiana law. This is often true for independent contractors, although the legal rules are more complicated for independent contractors. An important disclaimer is that an employer is only legally liable if a person is engaged in "work" for the employer when the accident occurs. So, if the truck driver was not actually working at the time of the accident, then only the driver would be legally responsible for the accident. For example, maybe the driver was using the truck to go grocery shopping for his personal consumption. In this context, grocery shopping is not part of the driver's work, so the accident would not have occurred while the driver was working. If the truck driver delivered produce for a grocery store, however, the truck driver would be working, and the driver's employer might then be liable. Another disclaimer is that absent other facts, the trucking company is only liable if the driver is legally liable. That is, the company cannot be held responsible unless the driver is responsible. So, the driver must have actually caused the accident. When might the trucking company be independently liable? There are some exceptions to the rule that the driver must have caused the accident for the trucking company to be liable. The exceptions generally exist where the trucking company has itself, independently, been negligent in some manner. For example, trucking companies have a legal responsibility to keep their trucks well-maintained and in good repair. If the truck in question was in bad repair, that alone might make the trucking company legally liable regardless of whether the driver committed any wrongdoing. As can be seen, in Shreveport, Louisiana, big truck accidents can be legally complex. As such, if you have questions, please reach out to our Louisiana truck accident attorney at Law Offices of Philip B. Adams. Our experienced attorneys have a proven track record of helping victims secure the compensation that they are owed when they are victims of Louisiana 18-wheeler truck accidents. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To set up a consultation, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading and visiting our website. Driving while under the influence ("DUI") of alcohol and/or drugs is a crime in Louisiana. If convicted, punishments and consequences for your life can be severe.
As one might expect, the punishments and life consequences are even more severe if your DUI/DWI case involves a fatality or someone who suffers severe bodily harm. In those DUI/DWI cases in which a fatality occurs, Louisiana prosecuting attorneys are likely to charge the defendant with vehicular homicide. At the bare minimum, if convicted, the defendant faces incarceration of not less than five years and up to 30 years, with at least three years being imposed without the benefit of probation, parole, or suspension of sentence. Furthermore, the court is empowered to assess a fine in the amount of $2,000 up to $15,000. A mandatory five-year minimum sentence is required if this conviction is the defendant's second DUI/DWI conviction. The court is also required to order the defendant to participate in a court-approved substance abuse program and may also require the offender to participate in a driver improvement program. Minimum sentencing is also required when the convicted defendant had a higher level of blood alcohol content. Under Louisiana law, a per se DUI involves a BAC of 0.08% or higher. However, it is easy to be much more impaired by alcohol if you are higher than 0.08% BAC. And, if you are, higher mandatory minimums will be imposed. So, if the defendant's BAC was 0.15% or higher, then the mandatory minimum sentence for vehicular homicide is five years without benefit of probation, parole, or suspension of sentence. Further, if the defendant's BAC was 0.20%, and the defendant is convicted, the defendant would be deemed to have been convicted of a crime involving violence. With respect to impairment by use of drugs, the statute La. Rev. Stat., §14:32.1 does not contain any enhanced minimum sentencing because in drug impairment cases, there are no blood alcohol measurements. If over-the-counter or prescription drugs and alcohol are involved, there may be a legal defense if the label on the drug does not contain a warning against mixing medication with alcohol. The statute explicitly states: "It shall be an affirmative defense to any charge under this Paragraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol." In terms of legal defenses, a good Louisiana criminal defense team might be able to show that the accident was not caused by the DUI/DWI. There are times, even when one driver is driving while under the influence, an accident is not caused by the driver's alcohol and/or drug usage. Another driver, for example, might have caused the accident, or something like the negligent design of the road or road surface could be responsible for the accident. Other criminal defenses might include various procedural and constitutional irregularities and failures of proof. Remember, under Louisiana law, you are innocent until proven guilty. Competent counsel will assess the totality of the circumstances when determining the cause of an accident and possible criminal exposure. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. |
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