Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
According to the Louisiana Department of Transportation, over 3,000 crashes in a recent year involved large trucks. Many such collisions resulted in serious injuries or fatalities. In busy areas like New Orleans and Metairie, these accidents are both common and legally complex.
In the aftermath of an accident involving an 18-wheeler, liability can fall on the truck driver, the trucking company, or both. In Louisiana, determining fault depends on such factors as who was negligent, company oversight, and compliance with safety regulations.
Truck crashes often involve multiple parties, federal rules, and aggressive insurance teams. Understanding your rights and Louisiana law is key to pursuing fair compensation after being hurt in a truck wreck. In this guide, we’ll explain how liability is determined and what to expect if you’re filing a truck accident claim in Louisiana.
Liability refers to the legal responsibility for causing an accident or injury. In Louisiana, the fault is determined by who acted negligently based on the facts of the case.
Louisiana operates under a pure comparative fault system, allowing plaintiffs to recover damages even if they are partially at fault, with compensation reduced by their percentage of fault.
This means even if you’re partly to blame for the crash, you can still receive compensation. However, the amount of compensation you may receive can be reduced by your share of fault. For example, if you’re 20% responsible for an accident, you may receive 20% less compensation than you’d otherwise be eligible to receive. As such, accurately assessing each party’s role is key to a fair outcome.
Several parties may share responsibility in a truck accident. Understanding each potential source of liability is key to building a strong claim.
Truck drivers can be held liable if their negligent actions contributed to the crash. Common examples of truck driver negligence include driving under the influence, falling asleep at the wheel, speeding, distracted driving (such as texting), or operating for too long without rest.
Drivers must follow Louisiana traffic laws and federal safety rules, including the FMCSA Hours of Service regulations, which limit how long a driver can remain on the road without breaks.
Trucking companies must ensure safe practices. They may be liable if they fail to maintain their vehicles, hire unqualified drivers, or pressure drivers to meet unsafe deadlines.
Under Louisiana Civil Code Article 2320, employers can be held vicariously liable for their employees’ negligence that occurs within the scope of employment. This is known as respondeat superior.
Third parties may also be at fault in truck accident cases. Cargo loaders can be liable if improperly secured loads contribute to a crash. Manufacturers may be responsible for defective parts such as faulty brakes or tires.
Maintenance providers may also be held accountable if they fail to fix known issues during inspections. Each of these roles can significantly impact liability in a truck accident claim.
Determining whether the driver or the trucking company is liable depends on the nature of their relationship and the driver’s actions at the time of the crash.
If the driver was a direct employee acting within their job duties, the employer is usually responsible under vicarious liability. But if the driver was an independent contractor, the trucking company may argue the individual truck driver is the liable party.
Courts consider factors such as who controlled the driver’s schedule, whether the company owned the truck, and whether the company provided insurance. Such details help determine who held operational authority.
In many cases, depending on the extent of negligence involved, both the driver and the company may share liability.
Substantial evidence is essential in truck accident cases. This is especially true when going up against trucking companies with aggressive legal teams. The outcome of a case often depends on how clearly the facts support your version of events.
Key evidence may include driver logs, truck maintenance records, black box data (which records speed, braking, and other vehicle activity), dashcam footage, police reports, and witness statements. Each piece helps reconstruct what happened and who was at fault.
In 2023, a tragic pileup on Interstate 55 near Reserve, Louisiana, involving over 160 vehicles, showed how complex determining liability can be in multi-vehicle accidents.
The stronger your evidence, the better your chances of holding the right party accountable.
You may be entitled to compensation for both financial and emotional losses if you’re injured in a truck accident.
Common recoverable damages include medical bills (including future care), lost income, reduced earning capacity, property damage, pain and suffering, and emotional distress.
The amount of compensation depends on several factors. These include how severe your injuries are, who was at fault (and to what extent), available insurance coverage, and whether your case settles or goes to trial.
One of the most important things to know is that Louisiana has a strict deadline for filing personal injury lawsuits.
Generally, you have one year from the date of the accident to file a personal injury lawsuit in Louisiana. – Louisiana Civil Code Article 3492
You’ll lose the right to sue for compensation if you wait too long to take action. That’s why it’s crucial to act quickly after a truck crash.
|
Liable Party |
Type of Negligence |
Legal Implications |
| Truck Driver | Speeding, fatigue, impaired driving | Direct personal liability |
| Trucking Company | Hiring, training, poor maintenance | Vicarious liability; higher insurance coverage |
| Cargo Loader | Unbalanced or unsecured cargo | Shared liability in rollover or loss of control |
| Manufacturer | Defective parts (e.g., brakes, tires) | Product liability claim |
| Maintenance Provider | Failed inspections or incomplete repairs | Liability for failure to correct known issues |
Liability depends on the individual and unique facts of a case, but it can include the truck driver, the trucking company, or other parties. Investigators will look at who was negligent and whether the driver was working at the time.
Your compensation is reduced by the percentage of fault assigned to you. For example, if you are 20% at fault, you can still recover 80% of the total damages.
Necessary evidence includes driver logs, black box data, maintenance records, police reports, and witness statements. The more documentation you have, the stronger your claim.
It depends. If the company controlled the driver’s work or provided the truck, they may still be held liable. Courts will look at the nature of the relationship.
You generally have one year from the date of the accident to file a lawsuit. Missing this deadline means you may lose your right to recover damages.
Determining liability in a Louisiana truck accident can be a complex process. Responsibility may fall on the driver, the trucking company, or even third parties like cargo loaders or manufacturers. Each case requires a detailed review of the facts and laws.
Under Louisiana’s comparative fault rules, liability can also be shared among multiple parties. If you’ve been injured in a truck crash in New Orleans or Metairie, acting quickly can strengthen your case. Charbonnet Law Firm, LLC has the experience to manage such claims and protect your rights.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
