Proving Truck Accident Driver an Employee Critical To Recovery

Here is a great post from resident expert attorney in Cincinnati. As a Cincinnati truck accident lawyer focusing my practice in Southwest Ohio I have found one of the challenges truck accident injury victims face is finding enough insurance coverage to compensate them for their personal injuries . These injuries are often severe and many times include wrongful death.

Given the fact that Cincinnati, Mason, West Chester and many of the suburbs of Greater Cincinnati have I-75, I- 71 and I-275 running through them, it is often that you have major truck accidents involving injuries and death. With such serious personal injuries from truck accidents it’s critical to prove that the truck driver was an employee of a big trucking company or other business entity . The reason is that the individual truck driver may have very little insurance and no assets to recover money damages. So it is important to prove the trucker was working for a major entity so that you can access their insurance or assets.

It is unfortunate but true that when asked, “How much is my truck or car accident case worth” I have to say it depends on how much insurance coverage is available. Recently our Ohio State Bar Reports discussed this very issue of a truck driver causing an accident and whether they were an employee or independent contractor. If the employer of the truck driver had the right to control the manner and means of doing the work then the truck tractor trailer driver is considered an employee and the employer will be legally responsible. But if the “employee” is an independent contractor the “employer normally will not be responsible.

In this case the truck driver was paid “under the table”, went to the job at Turf and Tree Monday thru Friday in order to get the necessary trucks warmed up. Evidence was presented that the truck driver was supervised by several employees of Turf and Tree. Turf and Tree said he was not an employee and just hung around the shop and did a few “oddball things,” never filled out a job application and never had any taxes withheld. Amazingly the court said the issue of whether the truck driver was an employee or independent contractor was a question for the jury.

So it’s critical to hire a great truck accident lawyer to protect your rights and to search out and prove all the potential insurance policies and defendants to recover from. In this truck accident injury claim it’s very likely that if the truck driver was not an employee there may be very little or even no insurance to recovery for the personal injury car truck accident victim.

Guest post by Cincinnati personal injury lawyer Anthony Castelli Attorney. Call 513-621-2345 for answers to your car- trucking accident injury and wrongful death questions and help . Anthony Castelli Attorney 8170 Corporate Park drive Suite 220 Cincinnati, Ohio 45242; 513-621-2345 1-800-447-6549.

Interstate 15 UPS Big Rig Collision Results in Fatality

January 25, 2012 - According to reports a collision that involved a UPS big rig resulted in the death of one person.

According to authorities the collision occurred at approximately 7:00 a.m. on Interstate 15 in the vicinity of the Cajon Pass.

According to witnesses a vehicle that was traveling northbound began to weave on the roadway and hitting the UPS big rig, causing it to go over the side of the road.

The big rig rolled over, causing the driver, whose identity has not been released to be killed in the crash, authorities stated. The driver of the vehicle was uninjured in the crash.

Authorities are still investigating what caused the driver to slam into the UPS big rig. This was a message from the personal injury attorney at Ehline Law Firm PC 213.596.9642.

Big rig Crash Closes Lanes on the I-405 Freeway

January 24, 2012 - According to reports a big rig crash closes lanes of the I-405 Freeway.

According to California Highway Patrol Officer Denise Quesada the crash occurred at approximately 7:26 a.m. on the I-405 Freeway southbound lanes in the vicinity south of Seal Beach Boulevard.

The crash caused a SigAlert to be issued in the Nos 4, 5 and 6 lanes and were reopened at approximately 8:40 a.m. CHP Officer Quesada said.

According to Officer Quesada there were two other vehicles involved in the crash and injuries were reported.

Bus Companies in Long Beach Can be Held Responsible for Negligence After a Crash

Bus companies in Long Beach can be held responsible for negligence after a crash, which means that the Long Beach bus accident attorneys will protect the rights of the injured victim. Bus accidents are much different than other types of motor vehicle crashes, there is no protection like seatbelts and the passenger puts complete trust in the bus company and driver to get them to their destination safely.

When this doesn’t happen, the passengers can be severely injured, which were caused by a negligent bus driver, bus company or owner or it could be due to another driver.
The Long Beach bus accident attorneys that protect the injured victim’s rights will investigate the bus crash to ensure that all of the negligent parties are held accountable. They use tactics that ensure that they prepare a legal claim that will win in court, by using experts, bus accident statistics and other information. The most common types of bus accidents in this city are:

• School bus accidents

• Chinatown bus accidents

• Mega bus accidents

• Tour bus accidents

These types of bus accidents can lead to major injuries, including traumatic head injuries, neck and back injuries, spinal cord injuries, broken or fractured bones, severe gashes and cuts. These are injuries that might require surgeries, therapy, or rehabilitation, and in some cases are so severe that the passenger never completely heals. There are some bus passengers that are fatally injured in bus accidents and their family has the right to hold the negligent parties accountable. The negligent parties can include the bus company that hires a driver that should not be on the road, due to inexperience, aggressive driving, fatigue or other driving problems. They can also be held accountable when they have not done the proper maintenance on the bus and this is what led to the bus accident.

The manufacturer of defective parts or designs can be held accountable and the driver of another motor vehicle that is reckless or careless and causes a bus crash. The only way to ensure that all of the negligent parties are held accountable is with the Long Beach bus accident attorneys that do a thorough investigation of the bus accident. This will also ensure that the injured victim recovers the amount of compensation that they deserve after being injured.

Collision Causes Big Rig To Burst into Flames Blocking the I-10 Freeway Lanes

January 18, 2012 - According to reports a collision involving a big rig caused the trailer to burst into flames, closing lanes of the I-10 Freeway.

According to the California Highway Patrol the collision involving three vehicles occurred at approximately 11:15 p.m. Tuesday in the westbound lanes of the I-10 Freeway at Monte Vista in Montclair.

The accident occurred when the driver of a Mercedes lost control of the vehicle hitting a big rig, which caused the driver to swerve to the left, hitting a Nissan, the California Highway Patrol said. The big rig and the Nissan both struck the center divider, with one of the big rig’s diesel tanks landing in the eastbound lanes of the freeway and rupturing.

According to the California Highway Patrol officials, this is what caused the big rig to catch fire, which took more than an hour for firefighters to extinguish. The driver suffered injuries and was airlifted to County USC Medical Center, CHP officials said.

One of the drivers of the other vehicles had to be extracted from the vehicle by rescue crews, using the Jaws of Life. The driver was then airlifted to Loma Linda Hospital. Hazmat personnel and crews using cranes were on the scene, according to CHP and both the eastbound and westbound lanes of the I-10 Freeway were closed and reopened at approximately 6:30 a.m. No word on burn injuries as of yet.