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Can Kentucky Truckers Sue Their Employer if their Vehicle Overturns?

By Kaufman and Stigger on

Commercial vehicles are dangerous. We drive among them all the time and they pose a significant risk to those around them. But they are also dangerous to the truck drivers as well, and sometimes an accident is caused by a problem with the truck. When this happens, can the employee sue their own company?

Overturned Semi-Truck Hangs off Bridge near Williamsburg

A semi-truck carrying two tank cars full of flammable liquid flipped over on a bridge ending up dangling off the side of the bridge February 3, 2020. A trucking website’s spectacular photos show the tanker with its wheels up resting on its top draped over the railing of a bridge.

The driver was injured with non-life-threatening injuries, but in looking at the pictures, it could have been much worse. Police say that they don’t know how the tanker ended up as it did, and an investigation is still ongoing.

Who Pays for Injuries?

In most cases, it’s the driver who was at fault that will pay for the injuries. However, when the victim is an employee driving on the job, then the injuries are covered by worker’s compensation by the state where the driver’s headquartered at.

Worker’s compensation benefits will pay for some of the financial losses, but not all, and it’s usually a significantly lower amount than it would be if the victim wasn’t an employee.

Third-Party Liability

If the reason for the rollover is not the fault of the employer there are two scenarios where the driver could sue someone for their injuries. First, if the reason for the rollover is due to negligence by another driver, then that driver’s insurance will have to pay for all the damages. In some cases, the victim will have to pay back some or all of the money paid by worker’s compensation to the WC insurance company.

Second, if the reason for the rollover is either the manufacturer of the truck or the tanker, or a third party maintenance or repair company, then the driver can sue that company for damages keeping in mind that the WC company might want some of that money back for the bills they have already paid out to you.

Rollover Accident Injuries

Rollover accidents can be severe and cause serious injury or death to anyone involved. This is true of any car, but even more so for a big rig or other large commercial truck. A rollover is one of the most deadly types of crashes, and it has a much higher rate of fatalities than many other crash types—especially if an occupant of the car is ejected.

If this happens, then the chance of death for the victim is 90 percent. This means that 90 percent of all crashes that involve an ejected occupant, there is a fatality. If the person survives, then there is a significant risk of certain common severe injured, and some of the most common of these are:

  • Traumatic Brain Injury
  • Back Injury
  • Broken/Displaced Rib
  • Broken Arms/Wrists
  • Chest Compression
  • Nerve Damage
  • Organ Damage
  • Deep Lacerations
  • Severe Contusions

Contact a Personal Injury Attorney Today

Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field. Talk to someone you can trust to be on your side and get you what is yours under the law.

The attorneys at Kaufman &  Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.

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