Yes, you still have a claim for personal injuries in Caddo Parish, Louisiana, even if you were driving your employer's vehicle and if the wrongdoing of another caused the accident. However, the issue can be legally complicated since there are two alternative recovery methods.
First, suppose you were engaged in some employment duties or tasks on behalf of your employer. In that case, most likely, the compensation for your injuries will be paid through workers' compensation benefits. Alternatively, your injuries will be compensated through the Louisiana laws of Negligence.
In this article, the top-rated Louisiana auto accident lawyers at the Law Offices of Philip B. Adams, LLC., will discuss how to recover compensation in the second situation. We are a Louisiana personal injury law firm serving Caddo Parish, Bossier Parish, Red River Parish, De Soto Parish, and the rest of Louisiana.
So, let's assume that your employer provides a company vehicle for your use as an employee benefit. The car is for travelling back and forth for work and for other work-related travel. But, you also have the use of the automobile for personal tasks like going to the store and/or running errands. Let's also assume that the accident occurred while you were running a personal errand. If, while running that personal errand, you were injured in an accident caused by another driver, then you have a claim for compensation against the other driver for your injuries. Note that in this circumstance, your employer will ALSO have a claim against the other driver for damage to the vehicle (since, of course, the car is owned by your employer).
To recover, you will make a claim against the at-fault driver's insurance policy. If there is no insurance settlement, or the settlement amount is insufficient, you can file a civil lawsuit against the at-fault driver. Your employer will have the same legal rights.
As noted, your employer can recover the cost of repair or replacement for the vehicle. You will have the right to seek FULL recovery for any and all injuries suffered. Thus, you can recover for all medical bills, ER charges, ambulance charges, lost wages, pain and suffering, emotional injuries, fear and apprehension, and more. Where the facts are appropriate, you can recover for past, current, AND future damages such as future medical bills, future lost wages, and more.
To recover full compensation, you must show evidence of the four elements of Negligence in Louisiana. These are duty, breach of that duty, causation, and injury.
Duty can be general -- such as the duty to be careful to avoid injuries to others -- and specific -- such as the duty to obey Caddo Parish traffic laws. An example of violating the general duty is if the accident was caused by distracted driving. Maybe the at-fault driver was talking and texting on their cell phone prior to the accident. By contrast, speeding or running a red light is an example of violating a specific duty. If the accident was caused by a breach of duties like these, then the other driver can be held legally liable.
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 contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website.