Companies in Louisiana are responsible for ensuring that their employees receive the proper training needed to safely use all equipment, including any large commercial vehicles that workers are required to drive in the course of their employment. When an employee is involved in an accident while driving one of the company’s commercial vehicles, one of the questions that will need answering is whether the driver received the proper training. In fact, this is one of the questions presented in a lawsuit filed by the victim of a cement truck accident.
Documents reveal that, on Oct. 24, 2014, the victim was traveling on Jefferson Davis Parkway in the southern part of Louisiana. Allegedly, the driver of a cement truck broadsided the plaintiff’s vehicle. The driver of the truck reportedly failed to maintain control of the vehicle. The accident occurred when the truck failed to remain in its lane. The lawsuit alleges that the driver’s employer did not provide the proper training needed to safely maneuver the cement truck on the state’s roadways.
The victim suffered injuries serious enough to require a surgical procedure. It is claimed that the victim suffered permanent injury and is disfigured as a result. Further, the injured driver sustained — and may continue to sustain — medical expenses, lost wages and a diminished earning capacity, among other damages. The court will be responsible for determining whether damages should be awarded to the plaintiff.
First, however, the court will ascertain whether the truck driver was negligent and caused or contributed to the injuries suffered by the plaintiff in this cement truck accident. A determination will also need to be made regarding whether the employer provided the driver with the appropriate training, as is alleged in the pleadings — even though an employer can be held liable for the actions of its employees without being negligent itself. If negligence is successfully established, the driver and the company by which the driver was employed may both be held liable for any damages awarded to the victim.