Loading Dock Accidents
Loading docks are areas where large trucks need to maneuver into tight spaces, often surrounded by people also doing various jobs. If a truck driver is not trained sufficiently or otherwise fails to exercise due care at a loading dock, serious injuries can result. The Miami truck accident lawyers at the Law Offices assist victims injured in a loading dock accident with pursuing the proper legal action necessary to cover the costs associated with their recovery. Whether a victim needs to file a workers’ compensation claim or a personal injury case based on a driver’s negligence, our firm has the knowledge and experience to make sure that our clients’ legal rights are asserted. The team offer seasoned legal representation to people throughout Miami-Dade, Broward, and Palm Beach Counties. If you have questions regarding your legal rights in the aftermath of a loading dock accident, contact our office to schedule a free consultation to discuss your potential options.Causes of Loading Dock Accidents and Injuries
The Occupational Safety and Health Administration has established safety precautions that loading dock workers and truck drivers should follow to avoid injuries. Some of these precautions include using employees as ‘spotters’ on each side of a truck to help it move into the bay, as well as keeping a lookout for possibly dangerous situations. Additionally, policies like having a truck driver honk when backing into a dock, or a system for employees within a facility to communicate with those outside, are advisable for maintaining safety.
Many loading dock accidents occur when a truck backs up without taking proper precautions, resulting in an individual being pinned against a pillar or the dock itself. Victims may also be run over by trucks entering or exiting a loading dock area. Intoxicated drivers, or those who are overly fatigued from being out on the road for too many hours, are prone to making the kinds of mistakes that lead to injuries at a loading dock. When a victim is severely injured in a loading dock accident, legal action may be necessary in order to be able to deal with the costs of medical treatment and time missed from work.Liability for Loading Dock Accidents
In instances in which a victim of a loading dock accident is an employee of the company at which the incident occurred, a workers’ compensation claim may be pursued, but sometimes benefits under these policies are not enough to cover a significant injury, especially those that leave a victim permanently impaired. When a loading dock accident is caused by a driver or another party’s negligence, a victim may be able to seek damages in a personal injury lawsuit against the driver or the driver’s employer trucking company, provided that the company is not also the victim’s employer.
Negligence exists when a driver has breached the duty to act as a reasonable and prudent person would act in a similar situation, with the breach causing a victim’s injuries and resulting in damages. For example, a truck driver who violates state or federal regulations by failing to take required rest breaks and, due to fatigue, is not alert enough to operate the vehicle safely, leading to a loading dock accident, that action would likely be deemed negligent.
A truck driver’s employer can be found vicariously liable for a driver’s negligent actions if they were taken within the scope of employment. Drivers are acting at the behest of their employers when maneuvering a truck into a loading dock to transport cargo. If liability can be established, a victim can be awarded damages for past and future medical costs, lost income, diminished earning capacity, and pain and suffering.Discuss Your Truck Crash Claim with a Miami Lawyer
Injuries sustained in a loading dock accident can be life-altering, since often a victim is left unprotected when confronted with a massive vehicle. The Miami attorneys at the Law Offices help victims hold the appropriate parties accountable for their negligent actions. If you or a loved one has been injured in a truck accident, call (877) 499-4878 or contact us online today to set up an appointment at which we can explain more about how we can help.