Injured Truck Driver Injuries
Truck drivers are at an advantage in a crash in that the cab of the truck typically offers truck drivers better protection in the case of a crash. Even the strongest truck cab cannot prevent all injuries, however. A truck cab that rolls over or down a hill, a truck cab that catches fire, or a truck cab that is crushed by a falling object or by colliding with a bridge overpass can all result in injuries to the truck driver. These injuries may include:
- Traumatic brain injuries, which can cause lifetime disabilities and limitations;
- Head, neck, and spine injuries, which may result in partial or complete paralysis;
- Broken ribs and trauma to the driver’s torso;
- Internal bleeding and damage to internal organs;
- Broken bones;
- Sprains and strains;
- Amputation injuries;
- Burn injuries (from leaking fuel or other dangerous substances); and/or
- Cuts and lacerations from jagged metal or broken glass.
These injuries are not only painful but can threaten the truck driver’s livelihood. Depending on the nature and extent of the injuries, the truck driver may not be able to return to his or her profession following his or her accident. It is important for the truck driver to work with his or her injury accident attorney to properly quantify the past and future losses the truck driver will experience because of the accident – including lost future wages and expenses related to finding another vocation (if applicable).
Is the Injured Truck Driver an Independent Contractor or an Employee?
An important consideration in the case of an injured truck driver is determining whether the truck driver is an independent contractor or an employee. If the truck driver is an employee and the truck driver was engaged in his or her work duties at the time of the crash, then the injured truck driver may be covered under his or her employer’s worker’s compensation policy. In the case of independent contractors (owners/operators who transport cargo for a variety of companies), worker’s compensation benefits may not be available if the truck driver has not signed up for any such benefits. In either event, the truck driver is also able to pursue compensation against negligent third parties who may have contributed to the occurrence of the accident. These third parties may include:
- Other motorists, motorcyclists, or pedestrians;
- Mechanics who failed to maintain the truck in good operating condition;
- Loading/unloading personnel who negligently loaded cargo in a way that caused a tractor-trailer to topple over or otherwise make it difficult for the tractor-trailer driver to control;
- Local or state authorities who failed to design and mark roads and paths that are safe for trucks to travel;
- Dispatch supervisors who sent a truck driver on a delivery in conditions that are dangerous for the driver (such as extreme blizzard conditions or during high winds).
A case for compensation against a negligent third party requires the injured truck driver to prove four propositions using evidence and the testimony of witnesses:
- First, that the third party owed the truck driver a duty of care. For example, a motorist owes a truck driver (and others on the road) a duty to operate his or her car in a safe and careful manner so as not to cause accidents;
- Next, that the third party violated the duty of care by engaging in careless or negligent manner. A person acts carelessly or negligently (in a legal sense) if he or she engages in behavior in which a reasonable person in similar circumstances would not have engaged;
- Third, the injured truck driver must show the negligent behavior or actions caused the truck driver’s injuries; and
- Last, the injured truck driver must have suffered injuries or losses that can be compensated through a monetary damages award.
Attorney Ken Stern and Stern Law, PLLC know the difficulties injured truck drivers face and how a loss of income (either temporary or permanent) can wreak havoc on the driver’s personal finances. Ken Stern is committed to helping injured truck drivers receive full and fair compensation for their injuries from those who do not respect the rules of the road or safe practices and contribute to a truck accident. Call Stern Law, PLLC at (844) 808-7529 if you or a loved one are a truck driver who was injured in a truck accident to learn what compensation you may be entitled to receive through a truck accident lawsuit.
