Whether done by a private commercial enterprise or a government-operated public utility service, municipal trash pickup is a regular and typically uneventful part of modern life. Unfortunately, if one of the people responsible for collecting and transporting garbage over public roadways fails to act responsibly behind the wheel, you may have a very eventful and altogether unpleasant experience with a garbage truck, which will result in you suffering long-lasting physical harm.
Like other types of incidents involving commercial vehicles, you can file suit over a garbage truck accident in Baton Rouge if you suffered an injury through that accident and that someone else was directly at fault for causing it. That said, accomplishing that in practice can often be much easier said than done, especially if you try to demand the compensation you need without the support of a skilled truck accident lawyer from Tomeny | Best.
Who Could Be Liable for a Trash Truck Driver’s Negligence?
No matter what type of vehicle they are operating, anyone who drives on public roads in Louisiana has the same duty of care to obey traffic laws, watch out for other cars and people near them, and keep their full focus on driving safely at all times while they are behind the wheel. If a garbage truck driver violates this duty of care and causes a preventable traffic collision as a direct result, they may be civilly liable to pay for all injuries and ensuing losses which can be traced directly back to their “negligence.”
Importantly, though, just because a trash truck driver is the most likely person to be found at fault for a garbage truck crash in Baton Rouge based on legal negligence does not mean they are the only person who could hold civil liability for such a wreck. As a seasoned legal professional can explain, holding a negligent truck driver’s employer “vicariously liable” for their employee’s misconduct is often possible, allowing for significantly more financial recovery than a claim filed against just the driver alone would.
How Comparative Fault Might Affect Civil Recovery
On the other hand, it is also possible for someone who has suffered an injury in a traffic accident involving a trash truck in Baton Rouge to be found partially or even primarily at fault for causing their own injuries through their own negligent driving. Even something as seemingly minor as forgetting to signal before changing lanes or going a few miles per hour over the speed limit could be seen by a court as a contributing factor in a collision with a garbage truck, and as reason to assign a percentage of “comparative fault” to that now-injured person.
Then, in accordance with Louisiana Civil Code §2323, that court could reduce the total compensation made available to the crash victim by that same percentage. This is one of many potential legal obstacles that a dependable legal representative can play a key role in navigating during this type of lawsuit or settlement demand.
Contact a Baton Rouge Attorney for Help Following a Garbage Truck Accident
Trash truck operators are expected to follow the rules of the road and act responsibly while driving just like anyone else driving any other kind of vehicle on Louisiana’s public streets. Because of that, any trash truck driver who injures you by driving recklessly or carelessly can be held civilly liable for the consequences of their actions just like any other negligent driver could be.
With that said, effectively pursuing a lawsuit over a garbage truck accident in Baton Rouge can be very difficult to manage alone. Call today to learn how Tomeny | Best could help you obtain the compensation you deserve.
