Sometimes it’s not a matter of how smart a person is, but rather how well-trained they are.
Consider the case of the truck driver who was crushed and killed between the frame and “dump box” of his truck. When the safety "overtravel" cable between the truck’s frame and dump box malfunctioned after getting caught on a protrusion, thereby stopping the dump box from being raised fully, the driver emerged from the cab of the truck and freed the cable … and allowing the dump box to come crashing down on his head.
Initial reactions might be less than sensitive, but when the Occupational Safety and Health Administration (OSHA) conducted its truck accident investigation into the incident, it determined that the driver was not solely to blame.
The victim in the case, OSHA ruled, “had not received training or instruction in proper operating procedures and was not made aware of all potential hazards in his work. After inspecting the scene, OSHA “issued one citation for one alleged serious violation of its construction standards. Had the required training been provided to the employee, this fatality might have been prevented.”
The OSHA report got straight to the heart of what could be a truck accident lawyers’ case, because while the accident might seem to be a matter of carelessness on the part of the victim, failure to provide a safe work environment — including sufficient training for all procedures and equipment — may be perceived as trucking company negligence. Further, the malfunctioning safety "overtravel" cable would likely be the result of either defective truck equipment supplied by the truck's manufacturer or failure to maintain the truck on the part of the trucking company.
Source: http://feeds.lexblog.com/~r/AITruckAccidentLawyerBlog/~3/Y_r2PeP0apw/
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