Who’s Liable in a Louisiana Truck Crash: Driver, Company, or Both?

After a truck accident in Louisiana, you may wonder who is responsible. It could be the truck driver, the trucking company, or both. In some cases, another business, such as a cargo loader or repair shop, may also be at fault.

The answer depends on what caused the crash and whether someone failed to do their job properly. Evidence can help show who was responsible and who may have to pay for the injuries and damage.

Who Can Be Held Liable in a Louisiana Truck Crash?

Several parties may be responsible for a truck accident. Here are some common examples.

Not every accident involves several parties. Evidence helps determine who may be responsible.

When Is the Truck Driver Responsible?

A truck driver may be liable if careless driving causes an accident.

Common examples include:

• Driving too fast for road or weather conditions.
• Following other vehicles too closely.
• Using a phone while driving.
• Driving while tired.
• Driving under the influence of alcohol or drugs.
• Changing lanes without checking blind spots.

Truck drivers must also follow FMCSA Hours of Service rules. These rules limit driving time and require rest periods.

For example, a driver who stays on the road too long may become tired and cause a crash. This may support a negligence claim, but the evidence must connect the driver’s actions to the accident. Learn more about truck driver responsibility and signs of truck driver negligence.

When Can a Trucking Company Be Held Liable?

A trucking company may be responsible for a crash in two main ways.

Responsibility for the Driver’s Actions

Under Louisiana Civil Code Article 2320, a company may be responsible when an employee causes harm while doing their job. This is called vicarious liability.

For example, if a truck driver causes a crash while making an assigned delivery, the company may also be held responsible.

Responsibility for the Company’s Own Actions

A company may also be liable for its own mistakes, such as:

• Hiring an unqualified driver.
• Failing to provide proper training.
• Ignoring safety problems.
• Failing to maintain the truck.
• Allowing an unsafe truck on the road.

The evidence must show that the company’s actions helped cause the crash.

Can You Sue Both the Truck Driver and the Company?

Yes. You may be able to bring a claim against both if the facts support it.

For example, a driver may cause a crash while making a delivery. The company may be responsible because the driver was working at the time. If the company also ignored a known brake problem, it may face a separate negligence claim.

However, suing both parties does not mean each must pay your full damages.

What If the Truck Driver Is an Independent Contractor?

Some trucking companies hire independent contractors instead of employees. The company may argue that it is not responsible for the driver’s actions.

However, calling someone an independent contractor does not settle the issue.

Courts may look at who controlled the driver’s work, who provided the truck, and the terms of the agreement. A company may also be liable if its own actions contributed to the crash.

What Evidence Helps Prove Who Was at Fault?

Evidence can help show how the crash happened and who was responsible.

Important records may include:

• Driving records: Show the driver’s hours and rest periods.
• Truck data: May show the truck’s speed and braking before the crash.
• Maintenance records: Show past problems and repairs.
• Driver records: May reveal training or licensing issues.
• Cargo records: Help show who loaded and secured the cargo.
• Dashcam footage and witness statements: Help explain how the crash happened.

Some electronic records may be lost or overwritten. Collecting and preserving evidence early can help protect your claim. Learn more about evidence used in truck accident claims.

How Does Truck Insurance Affect Your Claim?

Commercial trucks often need more insurance coverage than regular cars. Under federal rules, certain interstate trucking companies that carry nonhazardous goods in vehicles weighing at least 10,001 pounds must have at least $750,000 in public liability coverage. Higher minimums apply to some hazardous materials.

However, this does not mean every injured person will receive $750,000. What you can recover depends on who was at fault, your losses, and the insurance coverage available.

How Long Do You Have to File a Truck Accident Claim?

Under Louisiana Civil Code Article 3493.1, many personal injury lawsuits arising on or after July 1, 2024, must be filed within two years.

Different deadlines may apply to earlier accidents or certain situations. Check the deadline for your case as soon as possible.

Frequently Asked Questions

Can a trucking company be liable if the driver broke company rules?

Yes. The company may still be responsible if the driver caused a crash while doing their job. The facts of the case matter.

Who is responsible if unsecured cargo causes a crash?

The driver, trucking company, cargo loader, or another party may be liable, depending on who secured the load and what caused the accident.

Can more than one trucking company be liable?

Yes. Multiple companies may be responsible if their actions contributed to the crash.

Does the insurance company decide who is at fault?

An insurer investigates the accident and decides how to handle the claim. However, the driver can challenge that decision through negotiation or a lawsuit.

Can a faulty truck part lead to a claim?

Yes. A manufacturer may face a claim if a defective part caused the crash and resulting injuries.

Get Help After a Louisiana Truck Accident

Finding out who caused a truck accident can take time. The driver, trucking company, repair shop, or another party may be responsible.

If you were hurt in a truck accident in New Orleans or Metairie, Charbonnet Law Firm, LLC can review your case and explain your legal options.

Request a free consultation to discuss your accident.