Bus rider files personal injury claim against driver who hit bus
Posted in the Creole Forum
#1 Jan 30, 2014
An injured bus passenger recently filed a legal claim against a driver who struck the bus she was riding. The Louisiana personal injury lawsuit blames the driver for rear-ending the bus and causing her injuries. The lawsuit was filed on Jan. 2.
According to the complaint, the woman says that the defendant (who allegedly hit her bus) was carrying out his duties under the employ of a company named EAN Holdings when the accident occurred. The complaint alleges that the driver did not maintain proper distance from between his vehicle and her bus, failed to maintain a sufficient lookout and failed to maintain control of his vehicle. The complaint further blames the man for driving carelessly and failing to properly use his breaks.
Other violations cited include failing to maintain his vehicle in working order, failing to obey road rules and other violations. The woman has yet to specify the amount of damages she is seeking. However, her injuries claimed include mental anguish, pain and suffering and distress.
When a Louisiana car accident is caused while an employee is carrying out his or her job duties, it is not uncommon for the employer to be added as a defendant in a personal injury lawsuit that arises from the crash. The defendant in this case, therefore, is not only the man who was driving the car that hit the bus. It is also the man's employer, based upon the legal theory that the employer is vicariously liable for the actions of its employee and is also responsible for maintaining a work vehicle properly. Documenting these facts is important to ensure that the appropriate person and/or entity is named as a party in any claim for damages caused by a given accident.
For more legal news and advice visit www.baggettmccall.com
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