Can You Sue a Company if Their Driver Crashes into You While Off-Duty?
A lot of us hate to share the road with tractor trailers. They’re intimidating and downright dangerous. If you’ve ever been in a trucking accident, you know how dangerous they can be. The injuries suffered in these accidents are some of the most serious you’ll ever experience.
For the most part, the truck drivers you see on the road are on duty. They’re delivering their loads to customers and clients all over the country. Or, they’re on their way back from dropping off a load. It’s hard to imagine why someone would want to drive a tractor trailer or any commercial truck on their days off.
Depending on the type of truck and schedule the driver works, however, it may be quite common for them to drive the truck on personal time. They’re not supposed to do this. Their employer certainly doesn’t allow this kind of behavior. But that doesn’t mean it doesn’t happen.
If you get hit by a truck driver who’s off duty, you can run into problems when it comes to collecting your insurance claim. If the driver wasn’t on the clock at the time of the crash, their employer’s insurance isn’t going to cover your damages. And, if you pursue the driver personally, you may never see a dime.
If this happens to you, it’s important that you contact an experienced trucking accident lawyer in Baton Rouge. They’ll do their best to make sure someone pays you the compensation you deserve. They’ll also negotiate with the company and their insurance company so you don’t have to. You need to focus on recovering from your injuries. Let your trial attorney in Louisiana handle the legal side of things.
Why Would Someone Drive a Company Vehicle After Hours?
There are all kinds of reasons why someone would be driving their company vehicle after hours. Some of these reasons are:
- They don’t have their own car
- They’re on their way home from work
- They need to use the truck to help a friend move or run errands
- Their own vehicle is in the shop
All of these reasons make perfect sense. It’s not unreasonable to imagine someone using a company truck to help their family move. But just because it makes sense doesn’t make it right.
Employers typically prohibit their employees from using company vehicles for personal reasons. If they are allowed to take their trucks home for the weekend, it is only for convenience sake. It isn’t so they can gallivant in their tractor trailers during their off hours.
If someone hits you while they’re off-duty, it can cause a nightmare when it comes to your insurance claim. If the defendant’s employer can prove they weren’t on the clock at the time of the accident, their insurance company is going to deny your claim.
What Are the Chances the Employer Will Be Willing to Settle?
Even though it makes sense for an employer to deny your claim, that doesn’t mean they will. There are times when it makes more sense for a company to settle your claim than it does to go to trial.
Some of the reasons a company would be interested in settling your claim include the following:
- It’s cheaper than going to court
- They don’t want to have to terminate their employee
- The employee has been with the company for a long time
- They don’t believe their employee did anything wrong but want to avoid a long trial
- They don’t want the negative publicity of a lawsuit
The good news is, your trial lawyer in Baton Rouge is going to work hard to settle your claim. They’ll deal with the trucking company and their insurance company. They will fight to negotiate a settlement that covers all of your damages.
Contact an Experienced Trucking Accident Lawyer in Baton Rouge Today
If you or a loved one have been injured in a trucking accident, you need to contact an experienced trial lawyer in Baton Rouge today. They can review your case and let you know if you have a valid claim. They can also let you know what your case may be worth.
Take a moment to call Babcock Trial Lawyers and schedule your free initial consultation with a skilled truck accident lawyer today. The trucking company is going to have lawyers working for them and you should too. You need to focus on recovering from your injuries. Let your attorney handle the legal side of things for you.