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Trucks Backing Up Can Cause Serious Construction Site Injuries
A large truck is one of the most dangerous pieces of equipment that you will commonly find at a construction site. The Bureau of Labor Statistics reports that there were 962 fatalities at road construction sites from 2003 to 2010. Among those:
- 443 were caused by a worker being struck by a vehicle or mobile equipment;
- 143 were caused by a vehicle backing up; and
- 84 were caused by a dump truck backing up.
In many cases, workers who are injured by a vehicle that is backing up can petition for workers’ compensation benefits. However, there are scenarios where a third party may be responsible for the incident, which allows the victim to file a personal injury lawsuit.
The Danger of Trucks in Reverse
Drivers of large construction vehicles such as loading trucks have difficulty seeing people and obstacles behind them because of the blind spots. Drivers rely on communication with other workers and the awareness of people on foot to avoid disaster. Many large vehicles use backup signal alarms to warn others of the potential danger. However, a construction site can be a chaotic and distracting environment:
- Workers may not hear the backup alarm because of the noise from other machinery;
- Workers may have their backs turned to the vehicle, making them unaware of the impending danger; and
- The vehicle operator may not properly use or maintain the safety equipment and procedures.
A large truck in reverse is not traveling at high speed, but the size of the vehicle can cause serious injury or death if the victim is knocked down and backed over.
Liability
An injury caused by a large vehicle backing up is covered by workers’ compensation insurance if all the parties involved work for the same employer and the accident was caused by human error. A third-party personal injury lawsuit applies if the accident involves separate contractors or an equipment malfunction caused by the manufacturer. When a third-party contractor is involved, the victim must prove that either the driver was negligent in his or her actions or the contractor was negligent in maintaining the equipment. With manufacturer liability, the victim must prove that the manufacturer’s negligence caused equipment that should have prevented the accident to fail.
Receiving Proper Compensation
Workers’ compensation cases have a limit on the amount of money you can receive from your employer’s insurance. A personal injury lawsuit has no limitations because you can request compensation for pain and suffering. A Barrington, Illinois, personal injury attorney at Joseph M. Lucas & Associates, LLC, will help you receive the compensation you need for your injury. To schedule a consultation, call 847-381-8700.
Source:
https://www.cdc.gov/niosh/docs/wp-solutions/2014-125/pdfs/2014-125.pdf