Personal Injury Lawyers for Truck Drivers - Montlick & Associates
Discussions about 18-wheeler truck accidents usually focus on passenger vehicle victims and/or injured pedestrians. This is because those who are typically injured or killed in trucking accidents are those people who were riding in smaller vehicles or were pesestrians. In many truck accidents, the truck driver is uninjured due to the amount of steel that surrounds them in a tractor-trailer truck. However, there are some accidents that injure or kill truck drivers.
Truck drivers are fortunate that their tractor's cab provides a high amount of accident protection. First, the truck's cab is higher than the typical motor vehicles. Second, there is a lot of steel protecting the driver. Third, there is a lot of space between the truck driver and any vehicles involved in the accident with the truck. However, even the best built truck cab cannot prevent accident injuires from occurring
The following are a few injuries that often occur in severe truck accidents:
- Abdominal injuries;
- Amputation injuries;
- Broken bones;
- Broken ribs;
- Burn injuries (from leaking fuel or other dangerous substances);
- Cuts from broken glass or jagged metal;
- Traumatic brain injuries, which can cause lifetime disabilities and limitations;
- Head, neck, and spine injuries, which may result in partial or complete paralysis; and/or
- Internal bleeding and damage to internal organs.
What if the Injured Truck Driver is an Employee of an Independent Truck Driver?One of the most important considerations in a truck accident case is determining the employment classification of the truck driver. If the trucker is an employee and was engaged in their work duties at the time of the accident, the injured truck driver could be covered under their employer’s worker compensation insurance policy. In the case of owner/operators who work as independent contractors, they might not be eldgible to file for worker’s compensation benefits. In either situation, the truck driver might be qualified to pursue compensation through a negligence claim or civil lawsuit against the third parties who have contributed to the accident. Those third parties might include:
- Dispatch supervisors who dispatched a truck driver on a delivery in dangerous conditions.
- Other drivers including as motorcyclists;
- Mechanics who did not properly repair or maintain the truck in suitable operating condition; and/or
- Loading/unloading crews (porters) who failed to properly laod the truck's cargo causing a loss-of-control accident.
In order to win monetary compensation from a negligent third party, the injured truck driver must prove four elemants of an accident case, which are:
- The third party owed the trucker a duty of care. For example, a porter must properly load and balance a tractor-trailer truck's load to avoid a rollover accident;
- The third party violated their duty of care in negligent or reckless manner;
- The negligent behavior caused the truck to crash resulting in the truck driver’s injuries; and
- The injured truck driver suffered injuries or losses in that accident and these damages can be compensated through a damages award.
The truck accident attorneys at Montlick & Associates, Injury Attorneys, understand the challenges injured truck drivers face. We know how a loss of income (temporary or permanent) hurts the victim's finances. We are committed to helping our clients receive full and just economic compensation for their injuries from those who caused the truck accident.
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If you have been injured or lost a family member because of any accident caused by another, contact Montlick & Associates, Injury Attorneys, for your free consultation today. Our law firm has been representing injured clients and their families for over 38 years. Our trial attorneys have recovered billions of dollars for our clients through negotiated settlements, litigation/lawsuits, settlement of lawsuits, jury verdicts, mediation, and arbitration awards.
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Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
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