Does the Truck Driver’s Employer Have to Pay Your Claim in Louisiana?
When you get into a Louisiana truck accident, you’re going to suffer serious injuries. Truck accidents tend to be the most dangerous kind of motor vehicle accident. This is mostly because of the sheer size of the truck. A passenger vehicle doesn’t stand a chance against a large tractor trailer. When you do get into a truck accident, your Baton Rouge trial lawyer will naturally file an insurance claim on your behalf. And, it makes sense for them to pursue both the driver and their employer. After all, if the driver was on the clock, it only makes sense that their company would pay your claim. However, that’s not always the case.
Your truck accident lawyer in Baton Rouge is going to name all possible defendants in your claim. However, you need to understand that there are some situations when the driver’s employer denies your claim. Their attorney is going to argue that they aren’t responsible for your injuries. Your attorney will have to prove that they are.
If you or your loved one are injured in a truck accident, you need to contact an experienced truck driver in Baton Rouge right away. You’re going to have some pretty serious injuries. You need to focus on getting well. Let your lawyer handle the legal side of things.
Why Would the Driver’s Employer Deny Liability and Not Pay Your Claim?
Generally speaking, if a truck driver gets into an accident while on the clock, their employer will cover the damages. Very few companies want to risk the negative publicity that comes along with a lawsuit. They also want to do the right thing. They don’t want to be known as heartless or unfeeling.
However, there are times when it makes sense for a company to deny liability in a tractor trailer accident. Some of these situations include:
- The driver was not on the clock at the time of the accident.
- The driver was violating company policy when they were involved in the crash.
- The driver was under the influence of drugs or alcohol.
- They don’t believe their driver caused the crash.
- Your injuries are serious and the claim is very large. They would rather take their chances in court or try to negotiate a settlement for a lesser amount.
- The driver did not have permission to use the truck at the time of your accident
Even if the company attempts to deny liability, that doesn’t mean they won’t be held responsible. Regardless of the reason given, your Baton Rouge accident lawyer is going to work hard to get you the compensation you deserve.Your Baton Rouge Truck Accident Attorney Will Pursue the Driver and His Employer for Damages
If your attorney is able to prove liability on the part of the truck driver, they’re going to demand he pay your claim. If the accident wasn’t your fault, you shouldn’t be left holding the bag. The defendant should be held responsible for your damages.
Your truck accident attorney in Baton Rouge is going to demand the following damages:
- Medical Bills – You’re entitled to medical bills and future medical bills. The defendant should be liable for these losses. You shouldn’t be left holding the bag if the accident wasn’t your fault. Your lawyer will use your medical records to prove how badly you were injured. Your doctor can also testify to your needing future medical treatment.
- Lost Wages – If you are out of work for some time, the defendant may argue that you could’ve gone back to work sooner than you did. Your doctor can testify that this isn’t the case. An affidavit from your doctor will carry a lot of weight with the jury.
- Pain and Suffering – The best way to prove that you were in pain is to prove it with medical records.
- Property Damage – Chances are, if you get into a truck accident, there’s going to be some damage to your vehicle. The defendant should be held responsible for the costs of repairing or replacing that vehicle. Your Baton Rouge truck accident lawyer will demand that you be compensated for these expenses.
Contact an Experienced Truck Accident Attorney in Baton Rouge Today
If you’ve been injured in a truck accident, you’re going to need an experienced truck accident lawyer. Babcock Trial Lawyers are used to handling cases just like yours. Call today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case.
The defendant will have a lawyer working for them and you should too. Let an experienced trial lawyer get you the compensation you deserve.