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In an Accident While Driving a Company Vehicle in Louisiana? Know Your Rights
Have you found yourself feeling uneasy after a recent collision in a company vehicle? It can be stressful to juggle medical care, worries about job security, and questions about whether your employer will pay for damages.
At the Shlosman Law Firm, we help people in New Orleans and across Louisiana who have been harmed in situations like these. Today, we’re sharing steps you can take and how to protect your interests.
Initial Actions After a Company Vehicle Accident
Before diving into liability or workers’ compensation, staying safe is your top concern. Get medical help for anyone who might be injured and make sure paramedics arrive if injuries appear serious. Taking quick action can help prevent more harm.
Law enforcement should also be contacted so they can file an official report. The official police account can be a valuable reference when questions of coverage or compensation arise. It’s good practice to gather basic data from everyone involved, such as driver’s license numbers, insurance policies, and details about the vehicles.
When you’re comfortable enough to do so, try documenting all you can: photos or videos of the car damage, road markings, or anything else that might help piece together what happened. Right after the accident, follow your employer’s notification protocol, which often means contacting a supervisor or human resources. Quick reporting helps set a clear timeline for any future claim.
Determining Liability in a Louisiana Company Vehicle Accident
Accidents involving work vehicles can raise questions about who should pay for damage or injuries. Louisiana recognizes the principle known as “respondeat superior,” where employers bear responsibility for wrongful acts employees commit on the job. However, certain factors might affect how liability is assigned.
If you were following company rules and acting for job-related reasons, your employer’s insurance may come into play to help cover medical bills and harm to vehicles. On the other hand, if an employee swerves off course to handle personal tasks or drives while impaired, that may shift the blame to the employee personally. Classification as an independent contractor can also influence whether you can seek workers’ comp or must look into other avenues for help.
Sometimes, an employer might be held responsible if they hired a driver they knew was reckless, or if they never trained a worker who routinely uses a vehicle for deliveries or other tasks. Negligent hiring or poor supervision can open up an employer to further claims from anyone hurt by that employee’s driving.
Below is a brief table showing examples of different liability scenarios and how each might affect your right to seek compensation:
| Scenario | Possible Liability | Factors That Influence Outcome |
| Employee on Official Errand | Employer Often Liable | The employee was acting within their job duties |
| Employee Driving Under the Influence | Employee Often Liable | Violation of law and company policy |
| Independent Contractor Has a Crash | Employer May Not Be Liable | Contractor status underlines the nature of the relationship |
| Negligent Hiring or Supervision | Employer May Be Liable | Failure to screen or oversee employees adequately |
Legal Options for Recovering Compensation
Louisiana law offers different pathways for individuals hurt in a work-related auto accident. One avenue is the workers’ compensation system when you’re hurt performing tasks linked to your job. Benefits can include partial wage supplements and coverage for medical treatment while you recover.
If another driver caused the crash, you could file a personal injury claim against that at-fault party as well. This path might allow you to seek recovery for pain and suffering, lost earnings, and other setbacks that workers’ comp does not address. For instance, if a negligent driver rear-ended you while you were transporting materials for your employer, you may be eligible for workers’ comp plus a claim directed at that individual’s insurer.
In some circumstances, the best option is to pursue both workers’ compensation and a personal injury claim. Doing this requires close attention to filing deadlines so you don’t lose the chance to ask for what you’re owed. If you have lingering concerns or are unsure where to start, a car accident attorney can guide you through each phase.
Here are a few items you might aim to gather when you begin seeking compensation:
- All medical reports tied to your accident injuries
- Pay stubs or tax returns to show lost wages
- Proof of future treatment recommendations (if needed)
- Any statements from impartial witnesses
Damages You Can Recover in a Company Vehicle Accident Case
The potential awards in a work-related crash often differ from a typical car accident claim against a private individual. Workers’ comp can assist with hospital bills, a chunk of your missed wages, and rehab for your injuries. If you also pursue a personal injury claim, you might recover more categories of damages, from mental distress to the full measure of lost income.
People sometimes face steep bills that strain their wallets for months. For example, if you need ongoing care for whiplash or back problems, you shouldn’t be left covering it all by yourself. With a personal injury claim, you could request reimbursement for overhead like vehicle repairs, surgeries, therapy, or physical pain caused by your injuries.
Some of the major categories of recoverable damages include:
- Medical costs: this can involve hospital visits, medications, and long-term treatments.
- Lost pay: if your injuries lead to time out of work, you may seek partial or total wage replacement.
- Future earnings: if you cannot go back to your old position, compensation may cover a drop in earning capability.
- Emotional and physical harm: anxiety, depression, or severe pain may allow you to pursue more compensation.
- Property harm: damage to personal items during the crash, including personal belongings in the vehicle.
- Loss of enjoyment and, in tragic outcomes, wrongful death damages for families who lost a loved one.
The Importance of Legal Support
From the beginning, securing professional assistance can help you focus on rest and recovery. An experienced lawyer can build a strong record of what took place by seeking witness statements, checking official reports, and digging into driving histories. Many injuries worsen over time without timely treatment, so it helps to have someone streamline insurance dealings.
When insurers make low settlement offers, you don’t want to deal with that alone while trying to heal. Attorneys can speak directly to a company’s insurance or a third party’s insurance, pushing for fairer offers. If those discussions fail, your attorney may prepare to bring the matter to court before Louisiana’s filing deadline expires, which is often one year from the date of injury for personal injury claims.
Louisiana’s legal system operates under strict time limits for filing claims, so don’t wait too long. Once the deadline passes, you may lose your ability to seek compensation. Prompt action, along with legal counsel, can spare you a lot of stress.
Have You Been Injured in a Company Vehicle Accident? Contact Shlosman Law Firm Today.
We fight to defend the rights of people who have been hurt in Louisiana, and we devote our time to holding employers and insurers accountable. We want to see you receive proper care and the monetary support you need. If you have questions or want to explore your case, call 504-826-9427, email info@shlosmanlaw.com, or visit our Contact Us page. We are here to lend our guidance and aim for fair results so you can focus on your health.