Monday, February 6, 2012

A company in Louisiana is responsible for its employee’s driving

Companies are responsible for employee's fault in LouisianaLouisiana law provides that when an employee is driving a company commercial vehicle, that company is responsible for any accidents or injuries caused by the employee’s driving.  Louisiana law states that if the employee is “in the course and scope of his employment,” then by law the company is responsible for his actions.

Sometimes it is clear that the employee was operating the vehicle during the course and scope of his employment.  In such situations, typically the only remaining issues are the negligence of the employee and the damages caused by the accident.  However, often a company may try to claim that the employee was not operating the vehicle during the course and scope of his employment.  This can occur if the employee is given use of the company vehicle after work hours.  During such situations you must determine if the employee was being paid travel mileage for using the vehicle to and from work.  It is also important to determine if the employee was operating the vehicle “on a mission” for his employer even though technically he may not have been operating the vehicle during work hours.

If you have been injured by a commercial vehicle in the State of Louisiana it is very important to explore the above issues in order to fully protect your rights.