A warehouse worker who was seriously injured when a semi-truck pulled out of a loading dock while he was operating a forklift has hit Schneider National with a lawsuit alleging negligence.
The Texas man claims in his lawsuit that in December of 2015 he was using a forklift to load a Schneider National truck when the driver pulled away from the loading dock. This caused the forklift to drop “violently” and caused serious injuries.
The plaintiff worked for Goodtimes Wood Product Factory and alleges that the Schneider National driver was picking up a load of firewood at the time of the accident. The plaintiff says that he was employed as a forklift operator for Goodtimes, while the truck driver was employed by Schneider National.
The lawsuit alleges that the truck driver, a Schneider National employee, failed to follow proper procedures when it came to loading the vehicle. The driver should have ensured that no one was still loading the truck.
Further, alleges the lawsuit, Schneider National failed to develop and maintain proper truck loading policies and procedures that would have prevented the accident.
The plaintiff claims that Schneider National was negligent with regard to truck loading procedures and their negligence lead to his injuries. The plaintiff is seeking damages, including medical expenses, pain and mental anguish, lost earning and earning capacity, and physical impairment.
Semi-Truck Drivers and Companies
Semi-truck drivers can either be employed by a trucking company, like Schneider National, or be independent contractors. Often after an accident, trucking companies claim that because the driver was an independent contractor or operator, they are not liable for any injuries caused by the accident. This is not always true and it is important for those injured in an accident caused by a semi-truck driver to protect their legal right to compensation for any injuries.
It is also important to know that different rules apply to semi-trucks than to regular motorists. Various state, local, and federal rules dictate how long drivers can be operate their rig and in what conditions. Drivers and trucking companies should also have policies and procedures in place to protect motorists and the public while they are operating.
Following the rules can sometimes cause trucking delays and also increase the cost of operating for trucking companies. This can lead to drivers and trucking companies to skirt the rules – unfortunately, breaking these rules puts other motorists and the public at risk..
Trucking companies and drivers should be held responsible for accidents and injuries caused by violating the rules or negligence. Injured parties can recover damages using a lawsuit; but the rules are complex and involve not only the driver and trucking company, but also insurance carriers as well.
An experienced McDonald Worley attorney would be happy to help you navigate this area of law and protect your legal rights if you’ve been injured in a trucking accident. Call today for a free case review!