Truck driving is a very taxing job both physically and mentally. Drivers have to deal with tight timelines while meeting all legal standards for the role. Nevertheless, accidents happen and there are multiple elements to consider when looking at these accidents. Workplace truck accidents can manifest in many ways and can be categorized into three main areas:
- Factors related to drivers
- Vehicle factors
- Environmental factors
Many different driver-related factors can lead to a workplace truck accident. Lack of training can leave drivers ill-equipped to maneuver intricate driving situations with trucks holding cargo with varying weights and fragilities. Driver exhaustion can arise from extended hours coupled with inadequate rest, and it can reduce a driver’s responsiveness and decision-making ability.
Other distractions, like phone use, eating, or interacting with the car console can draw the driver’s focus away from the road and heighten the risk of a collision. Impaired driving through the use of alcohol or drugs can hugely impact one’s ability to safely operate a vehicle.
While vehicles are made in factories to be precisely standardized with minimal issues, inevitably, malfunctions will arise at some point in time. Mechanical failures, such as defective brakes, tires, or suspension systems, can happen at random and jeopardize the driver, truck, and others sharing the road. Inadequate vehicle maintenance can result in additional mechanical issues arising during use.
Inadequately secured cargo may also cause instability and weight shifts during transport, which raises the likelihood of an accident.
Even the safest and most attentive drivers operating the newest vehicles can still fall victim to environmental factors. Visibility and road grip can quickly diminish during inclement weather conditions. These greatly increase the risk of an accident. Roads in need of maintenance are also environmental factors that can lead to workplace truck accidents. Potholes, tree branches, cracked roads, lacking signage or lighting are all elements that drivers can’t control.
Workers’ Compensation for Truck Drivers
A workers’ compensation claim is a crucial protection for employees who are injured while performing work-related duties, and this includes truck accidents. Upon any injury, it’s important for an employee to report it, make sure it’s in writing and supervisors are aware, and seek medical attention. Even if an injury doesn’t immediately feel like it requires medical attention, it’s recommended to still seek out a medical assessment that documents the injury, the severity of the injury at that time, and evaluates readiness to work after sustaining the injury.
The benefits an employee may receive from a workers’ compensation claim will vary based on the many factors of the injury. If the injury causes a permanent or temporary disability, the employee may also be entitled to receive disability benefits as a form of partial wage replacement. A workers’ compensation claim may also grant an employee other entitlements if the injury affects the worker’s future employment ability.
Truck Accident Claims, Personal Injury Lawsuits, and Third Party Claims
A truck driving workers’ compensation claim can offer important benefits and support to an employee, but it’s not always easy to secure all the benefits. There may also be third parties involved besides an employer that played a role in the workplace truck driving accident.
A truck accident personal injury lawsuit can be a legal option for an employee if they chose to seek compensation for an accident, like a workplace personal injury truck accident. A personal injury lawsuit can compensate for additional damages for factors like pain and suffering or loss of enjoyment of life, which a workers’ compensation claim wouldn’t.
Equipment manufacturers, maintenance providers, or other drivers may be responsible to some extent for a workplace truck driving accident if it’s found that their negligence contributed to the outcome.
An employee like a truck driver who sustains a workplace injury can file liability claims against relevant third parties involved in their personal injury. This process will require the employee and their personal injury lawyer [Los Angeles]/truck accident lawyer to establish negligence and causation. A successful claim has the potential to recover sizable damages for an employee who was involved in a workplace truck accident.
Truck Accident Wrongful Death Claim
There are unfortunate situations in which a workplace truck accident may result in a loss of life. When a truck driver’s life is lost due in part or full by a third party, the deceased’s family may have the option to file a wrongful death claim. Filing a wrongful death claim is meant to hold responsible parties accountable and seek some compensation for emotional and financial losses.
Damages in a wrongful death lawsuit can include funeral and burial expenses, loss of the deceased’s income and financial support, loss of companionship and emotional support, and, in some cases, punitive damages. John J. Perlstein is one of the best wrongful death attorneys [Los Angeles] and one of the best truck accident wrongful death lawyers.
Speak to the Best Personal Injury Attorney [Los Angeles] and Truck Accident Attorney
Workplace truck driving accidents are an unfortunate risk that comes with many trucking jobs. Truck accident liability can be a complicated matter, especially as more parties and entities are involved. Receiving fair truck driving workers’ compensation may require assistance from a legal representative.
John J. Perlstein is one of the best personal injury truck accident lawyers and truck accident wrongful death lawyers. To set up a free consultation about your potential truck accident claim or wrongful death claim, fill out our online contact form or give us a call at (213) 252-1070.