Do You Sue the Truck Driver or Truck Company After a Crash?
December 2, 2023
Do You Sue the Truck Driver or Truck Company After a Crash?
Truck accidents are one of the most catastrophic types of road accidents that can occur. According to the National Highway Traffic Safety Administration, more than 4,000 people were killed in accidents involving large trucks in 2019 alone. When truck accidents occur in Louisiana, it is essential to know who to hold responsible. This blog post will explore the question of whether to sue the truck driver or the trucking company after a crash. If you or your loved ones have been involved in a truck accident in Louisiana, Schmolke Law Firm can help you navigate the legal process and obtain maximum compensation.
Who is Liable for a Truck Accident?

When an accident occurs, the liable party is usually the one who caused it through their negligence. In a truck accident, both the driver and the trucking company may be liable. Louisiana state law imposes strict liability on trucking companies that operate in the state, making them responsible for the actions of their drivers. However, the driver may also hold some liability if their negligence contributed to the accident.
Suing the Truck Driver
Typically, a truck driver who causes an accident can be sued in their capacity as an individual. Seeking compensation from the truck driver may be necessary if the trucking company is not forthcoming with settlement offers or refuses to take financial responsibility for the accident. Moreover, if the driver was acting outside the scope of their employment, such as driving on their free time, it may be necessary to sue the driver directly.
Suing the Trucking Company
When a truck accident occurs, it is imperative to look into the trucking company's responsibility. The trucking company should be held accountable for any unsafe practices, such as overloading, driving with faulty brakes, or hiring inexperienced drivers. If you can prove that the trucking company's negligence was a factor in the accident, you may sue them for damages.
Will the Trucking Company Pay Compensation to the Victims?
The trucking company may compensate victims of the accident if they are found at fault. The amount of compensation will depend on the damage incurred by the victim, including medical expenses, lost wages, and pain and suffering. If the company's insurance policy does not cover the full amount of damages, the company may have to pay the balance.
In conclusion, truck accidents are often catastrophic, causing severe injuries, property damage, and even death. When such an accident occurs in Louisiana, it is essential to determine who is responsible and seek compensation. Whether you need to sue the truck driver or the trucking company depends on the circumstances of the accident, but it is crucial to have legal assistance. At Schmolke Law Firm, we have experience representing truck accident victims in Louisiana and can assist you in obtaining maximum compensation. Do not hesitate to contact us if you require Legal assistance.
Learn how to properly document evidence after an accident to support your injury claim in Baton Rouge. Schmolke Law Firm offers trusted legal guidance every step of the way.
Being involved in an auto accident is stressful under any circumstances, but the situation becomes even more complicated when the at-fault driver is uninsured. You might be left wondering how you'll cover medical bills, car repairs, and other expenses. At Schmolke Law Firm in Baton Rouge, Louisiana, we're here to help you navigate this challenging scenario. Understanding Uninsured Motorist Coverage Louisiana law requires all drivers to carry minimum liability insurance, but unfortunately, not everyone complies. If an uninsured driver hits you, your own insurance policy's Uninsured Motorist (UM) coverage can be a vital resource. What Is UM Coverage? It's an optional addition to your auto insurance policy that protects you if the at-fault driver lacks insurance. What's Covered? UM coverage can help pay for medical expenses, lost wages, pain and suffering, and property damage. Steps to Take After the Accident Ensure Safety and Seek Medical Attention Move to a safe location if possible. Call 911 if anyone is injured. Obtain medical evaluation even if injuries aren't immediately apparent. Call the Police A police report is essential for documenting the accident and noting that the other driver is uninsured. Gather Information Exchange contact details with the other driver. Collect contact information from any witnesses. Take photos of the accident scene, vehicle damage, and any visible injuries. Notify Your Insurance Company Report the accident promptly to initiate the claims process. Provide accurate and detailed information without admitting fault. Consult an Experienced Attorney Legal guidance can help you maximize your compensation and navigate complex insurance issues. How Schmolke Law Firm Can Help Dealing with insurance companies can be daunting, especially when uninsured motorists are involved. Our experienced attorneys at Schmolke Law Firm can: Review Your Insurance Policy Determine the extent of your UM coverage and any other applicable provisions. Handle Communications Communicate with your insurance company on your behalf to ensure your claim is properly managed. Investigate the Accident Gather evidence to support your claim and establish liability. Pursue Additional Avenues Explore other potential sources of compensation, such as suing the at-fault driver personally if feasible. Conclusion An accident with an uninsure d driver doesn't have to leave you bearing the financial burden alone. Understanding your rights and options is the first step toward recovery. Contact Schmolke Law Firm today for a free consultation. Let us help you secure the compensation you deserve so you can focus on healing and moving forward.
Medical treatments are meant to heal, but when something goes wrong, the consequences can be devastating. If you believe you or a loved one has been harmed due to a healthcare professional's negligence, you may be wondering if you have a medical malpractice case. At Schmolke Law Firm in Baton Rouge, Louisiana, we're here to help you understand the signs of medical malpractice and guide you through the legal process. Understanding Medical Malpractice Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to a patient. To establish a valid medical malpractice claim, the following elements must typically be proven: Duty of Care: A doctor-patient relationship existed, obligating the provider to deliver competent care. Breach of Duty: The healthcare professional failed to meet the standard of care expected in their field. Causation: The breach directly caused injury or harm. Damages: The patient suffered quantifiable damages such as medical bills, lost wages, or pain and suffering. Signs You May Have a Medical Malpractice Case Consider the following indicators that could suggest medical malpractice: Misdiagnosis or Delayed Diagnosis: If a condition was incorrectly diagnosed or diagnosis was significantly delayed, leading to worsening health. Surgical Errors: Wrong-site surgery, unnecessary procedures, or leaving surgical instruments inside the body. Medication Mistakes: Prescribing the wrong medication or dosage, leading to adverse reactions. Lack of Informed Consent: Performing a procedure without explaining the risks involved. Birth Injuries: Harm to a mother or child due to negligent prenatal or childbirth care. Hospital Negligence: Inadequate staffing, poor sanitation, or failure to follow proper protocols. Steps to Take If You Suspect Medical Malpractice Seek Immediate Medical Attention: Prioritize your health by getting a second opinion or additional treatment to address any harm caused. Document Everything: Medical Records: Obtain copies of all relevant medical records and reports. Personal Notes: Keep a detailed journal of your symptoms, treatments, and interactions with healthcare providers. Avoid Discussing Your Case: Limit Conversations: Do not discuss your suspicions with the healthcare provider or on social media. Preserve Evidence: Keep any physical evidence, such as medication bottles or medical devices. Consult an Experienced Attorney: Legal Evaluation: An attorney can assess the merits of your case and advise on the best course of action. Statute of Limitations: Louisiana law has strict deadlines for filing medical malpractice claims, so timely action is crucial. Conclusion Determining whether you have a medical malpractice case can be challenging, but you don't have to navigate this journey alone. If you suspect that medical negligence has caused you harm, taking prompt action is essential to protect your rights. Contact Schmolke Law Firm today for a free, confidential consultation. Let us help you seek the justice and compensation you deserve.
Slip and fall accidents can happen when you least expect them, leading to injuries that may have long-term consequences. The actions you take in the first 48 hours are crucial for your health and any potential legal claim you may have. At Schmolke Law Firm in Baton Rouge, Louisiana, we're here to guide you through this challenging time. Here's what you need to do immediately following a slip and fall incident. 1. Seek Immediate Medical Attention Your health is the top priority. Even if you feel fine, some injuries may not manifest symptoms right away. Visiting a medical professional ensures that: Injuries are properly diagnosed and treated. Medical records document your condition, providing crucial evidence for your case. 2. Report the Incident Notify the property owner, manager, or supervisor about the accident as soon as possible. Get a Written Report: If possible, obtain a copy of any incident report filed. Detail the Event: Provide a clear and concise account of what happened without admitting fault. 3. Document Everything Gather as much information as you can while the details are fresh. Photograph the Scene: Capture images of the exact location, focusing on the hazard that caused your fall (e.g., wet floor, uneven surface). Collect Witness Information: Obtain names and contact details of anyone who saw the accident. Keep Personal Items: Preserve the clothing and shoes you were wearing, as they may serve as evidence. 4. Avoid Making Statements Be cautious about discussing the incident. Limit Conversations: Only talk about the accident with your attorney, medical professionals, and the necessary parties when reporting the incident. Don't Admit Fault: Statements made in the heat of the moment can be misinterpreted and used against you later. 5. Consult a Personal Injury Attorney Legal guidance is essential to navigate the complexities of a slip and fall claim in Louisiana. Understand Your Rights: An attorney will explain the legal options available to you. Prompt Action is Crucial: Louisiana has strict statutes of limitations for personal injury claims. Maximize Compensation: Legal representation can help you recover medical expenses, lost wages, and other damages. Conclusion The aftermath of a slip and fall accident can be overwhelming, but taking the right steps in the first 48 hours can make a significant difference in your recovery and legal claim. Don't navigate this journey alone. Contact Schmolke Law Firm today for a free consultation. Let us help you secure the compensation you deserve while you focus on healing.
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As a resident of Louisiana, it's important to understand your rights and responsibilities when it comes to premises liability. Premises liability refers to the legal responsibility that property owners have to ensure the safety of anyone who enters their property. This can include private residences, businesses, public spaces, and more. In this blog post, we will explore what premises liability entails from an attorney's perspective and provide you with valuable information on how to protect yourself in case of an accident.  In Louisiana, property owners have a duty to maintain their premises in a safe condition for visitors. This means ensuring that there are no hazardous conditions present that could cause harm to others. Examples of hazardous conditions could include slippery floors, broken stairs, inadequate lighting, or even aggressive pets on the property. If a property owner fails to address these hazards and someone is injured as a result, they may be held liable for any damages incurred. It's important to note that premises liability laws vary from state to state, so it's crucial to understand the specific regulations in Louisiana. In general, property owners are required to exercise reasonable care in maintaining their premises and warning visitors of any potential dangers. If you have been injured on someone else's property due to their negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. As an attorney specializing in premises liability cases, I have seen firsthand the devastating consequences of preventable accidents on poorly maintained properties. It is my job to hold negligent property owners accountable for their actions and help my clients receive the compensation they deserve. If you find yourself in a similar situation, it's essential to seek legal representation as soon as possible to protect your rights and ensure that justice is served. In order to establish a successful premises liability claim in Louisiana, you must be able to prove that the property owner was aware or should have been aware of the hazardous condition that caused your injury. This can be challenging without proper evidence and legal expertise on your side. That's where hiring an experienced attorney can make all the difference in the outcome of your case. Understanding premises liability from an attorney's perspective is crucial for protecting your rights as a Louisiana resident. By knowing your rights and responsibilities under the law, you can take proactive steps to prevent accidents and hold negligent property owners accountable for their actions. If you have been injured on someone else's property due to their negligence, don't hesitate to seek legal advice from a knowledgeable attorney who can guide you through the process of filing a premises liability claim. Remember, you deserve justice and compensation for your injuries – don't settle for anything less.