Trucker Falls on the Job and Breaks Knee

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about his knee which he fractured trying to connect the second trailer in a tandem rig to the first trailer he was already towing.

Turns out that as he stepped up onto the hitch, the lift crank handle on the dolly broke loose causing him to fall and land with his kneecap against hard concrete.

For a commercial motor vehicle operator, the workplace is the tractor and trailer and all of the equipment that goes with it.

Some drivers have to manipulate tarps to cover a load.

Tandem trailers, like the caller was using, are rather complex.

A single trailer usually connects to a tractor with a device called a fifth wheel. This hookup often does not require the driver to do much other than line up correctly and back up correctly.

Connecting a tandem trailer requires the driver to back up the tractor and first trailer to the second trailer. There is a device called a dolly that can be raised and lowered by hand crank. The dolly can be moved left or right too. It is a complex system requiring much work by the driver. The dolly is required to move left to right and up and down to match up with the back of the first trailer.

Upon discussing the issue a bit more with the caller we learned that the trailer he was connecting to was owned by a company different from the commercial trucking company he was employed with.

This would mean that in addition to a worker’s compensation claim against his employer, he might have a basis to sue the hitch manufacturer the trailer owner, or both.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”