Pascoe Law FirmFatal Work Accident Lawyer
Principal office located in Friendswood, Texas.
Available to service League City, Webster, Pearland, Galveston, and the surrounding areas within Texas.
Fatal Work Accident Lawyer
According to the Department of Labor and Statistics- OSHA report, out of 3,929 worker fatalities in the private industry in calendar year 2013, 796 or 20.3% were in construction. That means that one in five worker deaths last year were in a construction accident. The leading causes that lead to a fatal work accident occurring are referred to as the “fatal four.” The fatal four includes falls, being struck by object, electrocutions, and caught in/between. These four types of industrial accidents account for more than half of construction worker deaths at 58.7%.
Common Causes for Fatal Work Accidents
- Industrial Accident,
- Construction Accident,
- Scaffolding Accident,
- Refinery Plant Accident – including cases involving a Refinery Plant Explosion and Chemical Exposure,
- Industrial plant and warehouse accidents,
- Crane Accident
- Forklift Accident – including other cases involving Heavy equipment accidents,
- Train related deaths at shipping ports,
- Commercial drivers killed in collisions or loading accidents,
- Seamen / Longshoremen Accident – where they have been killed at sea or on the docks.
Information on Wrongful Death Claims for Fatal Work Accidents
While these are only a few examples, a wrongful death claim can occur from a wide variety of situations and are not not be thought to be limited to fatal work accidents. It is important to know that an employer is responsible for workers’ comp death benefits to the surviving spouse and dependent children. Additionally, there may be other claims to provide increased compensation for the profound loss of a loved one. An employer can sometimes be sued for a work-related death if the management was grossly negligent in failing to provide a safe work environment.
Common 18-Wheeler Accident Injuries
18-wheeler accident injuries don’t differ greatly from injuries that one might sustain in any other type of motor vehicle accident, except for their severity. The heavy weight and massive size of the 18-wheeler often result in catastrophic and severe injuries that are usually worse than normal accident injuries. The most common types of 18-wheeler accident injuries include:
- Fractured, broken, and crushed bones
- Deep lacerations and cuts that might leave permanent scars
- Road rash if drivers or passengers are thrown from a motor vehicle
- Neck, back, and spinal cord injuries that might lead to temporary or permanent paralysis
- Head injuries which might include blunt force trauma or sudden jarring that leads to traumatic brain injuries (TBI)
- Organ damage and severe internal bleeding, often caused by broken ribs or vehicle parts that puncture an organ
- Severe burns if a fire or explosion occurs
Different types of 18-Wheeler Accidents
Our 18-wheeler accident lawyer represents people in Galveston Country, Texas, of all types of 18-wheeler accident, injuries, and wrongful death claims, including:
- Drunk 18-wheeler driver and DUI 18-wheeler accidents
- Speeding or reckless driving
- Federal Motor Carrier Safety Act (FMCSA) violations
- Untrained, unlicensed 18-wheeler drivers
- Improper 18-wheeler maintenance
- Unsafe loads
- Jackknife accidents
Different types of 18-Wheeler Accidents
Parts to Be Inspected On An 18 Wheeler
Companies have an obligation to provide their drivers with a commercial 18 wheeler that is in a proper working order, and drivers are expected to routinely inspect the vehicle and their loads to ensure safety. The Federal Motor Carrier Safety Administration Regulations require 18-wheeler drivers to inspect their vehicles prior to driving for the following issues:
- Lighting devices and reflectors
- Steering mechanism
- Rear-vision mirrors
- Windshield wipers
- Parking brake
- Coupling devices
- Service brakes
At the end of a trip, drivers must re-examine these items, as well as the wheels, tires and emergency equipment. Any defects must be noted in the post-trip inspection report and promptly corrected by the 18-wheeler company owner. When unsafe equipment was a factor that caused your injuries, our lawyer will work to discover the lapse in protocol that allowed the defect to go unnoticed or unaddressed.
18 Wheeler Driver Fatigue
Federal law establishes Hours-of-Service regulations for drivers of large 18 wheelers.
Companies often pay by the mile or the load, so drivers of 18 wheelers may drive to cover their routes quickly and unsafely. This aspect of trucking industry policy encourages dangerously excessive hours behind the wheel. Work hours are defined as on-duty time, which includes driving, loading and conducting maintenance—working with the semi-truck in any way.
14-hour duty limit (10 hours of rest after 14 consecutive hours of on-duty time)
11-hour driving limit (10 hours of rest after 11 total driving hours)
60/70-hour duty limit (maximum of 60 on-duty hours in seven days or 70 on-duty hours in eight days)
Drivers who feel pressured to fulfill their company’s shipping goals may choose to disregard these federal limits. When our 18-wheeler injury attorney at the Pascoe Law Firm suspect that driver fatigue contributed to a 18 wheeler accident, we look for evidence of:
- Missing logbooks
- Falsified logbook entries
- Tampering with automated log systems
Our attorney works swiftly to examine the driver log books, as they are only required to be kept for six months. When we find that an 18 wheeler driver has exceeded the Hours-of-Service limits or misrepresented work hours in any way, we aggressively pursue compensation for injuries caused by the 18 wheeler accident.
18 Wheeler Accident Checklist
Attend to medical needs – Health is always of primary importance, and if needed, assures that immediate health needs are met. Contact 911 if needed, and assure maximum safety by moving away from a dangerous situation. If possible, record the time and the location of the accident, the 911 contact and any other details for your immediate care.Record driver information – Record as much information as you can from the 18 wheeler driver, including name, license, insurance, 18 wheeler registration, company worked for, and any other relevant data.
Record witness information – if there were any witnesses to the event, record their names and contact information.
Take pictures and other records – If you can, write a summary of the events that happened. Take pictures of your damaged vehicle, the 18 wheeler, points of impact, damaged surrounding material and more.
Be careful with 18 wheeler claim adjusters – 18 wheeler companies frequently dispatch an adjuster following 18 wheeler accidents. They take pictures, records, statements etc. to help in the 18 wheeler company’s defense. Do not talk with the adjuster regarding the accident or the events leading up to it – explain that you will seek legal counsel and the adjuster can talk to them.
Obtain records of medical attention – when you get medical attention, make sure you do so from a qualified physician. Make sure the physician records all symptoms and provides you with a full report of injuries, related as clearly as possible to the effects of the 18 wheeler accident.
Engage the services of a Galveston Country Texas 18 wheeler accident attorney – the process of receiving fair compensation for the personal injury you suffered due to the 18 wheeler accident can be complex and difficult. Utilize the services of an Texas 18 wheeler accident attorney to assure that the right steps are taken and followed to enable the receipt of the maximum possible compensation for your personal injury.
Contact An Experienced 18-Wheeler Accident Lawyer Representing Galveston Country, Texas
Fatal Work Accident – Research and Reports – Galveston County / League City
Census of Fatal Occupational Injuries Summary, 2013
Fatal Occupational Injury Data and Information
Fatal occupational injuries in Texas
Texas Fatal Occupational Injuries Decrease in 2013 (Preliminary Results)
Fatal occupational injuries by industry and event or exposure, Texas, 2013