Lone Trucker Dies While Safety-Checking His Rig
Mar 26, 2013
Austin, TX (Law Firm Newswire) March 25, 2013 – Trucking is a dangerous occupation. This trucker was pinned by his truck in a loading area.
“Even though trucking is a dangerous industry, there are strict rules, regulations and safety concerns that must be followed. Part of being safe is working safe. The other part of being safe is working for a company that adheres to all the rules and regulations when it comes to loading, unloading, checking, hauling and logging hours,” commented Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.
This case involved a lone trucker who died as he was performing a safety check on his rig. Somehow, he was abruptly pinned between the door of his truck and a loading post area. He died at a local medical center. The police were unable to determine what caused the accident, and could only deal with the results —- a trucker that had been crushed by his rig.
The question of proper truck maintenance and how to conduct a safety check will inevitably arise, as accidents of this nature do not happen without a good reason. The Occupational Safety and Health Administration want to know what caused the accident as well and are looking into whether safety procedures were breached, leading to the trucker’s death.
“The man’s family may file a wrongful death lawsuit in this instance, in order to try and ensure that something like this does not happen to anyone else. It thus becomes important to understand the reasons for the accident in the first place. If there were a breach in safety rules and the trucker was told to do things in that particular manner, the fault may then lie with the trucking company,” Schuelke pointed out.
If one of the rules of checking a load before going on the road is to not leave the cab door open, the motor running, keys in the ignition or no emergency brake on, and the man bypassed those steps because his employer was hounding him to get moving, the jury may find in the plaintiff’s favor.
Cases like this are difficult for a variety of reasons, not the least of which is they are multi-jurisdictional and involve a number of parties. “If you have been in an accident with a big rig, or in a similar situation as this case, speak to me. I can walk you through what could possibly happen, should you choose to file a lawsuit,” said Schuelke.
Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944