Truckie Receives Compensation after Load Falls on Him

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One of the dangers that present a threat to truck drivers that isn’t associated with the action of driving specifically but rather is presented once the driver has reached the destination, is the risk of loads falling and causing injury.

When drivers are tasked with offloading or loading a vehicle, or are tasked with assisting others with this there is the chance that the load will fall on the truckie, who may then sustain injury. This is what happened to a truck driver in Queensland in November 2011.

The truckie has been awarded $1 million in damages after he was injured during the offloading of a truck. The accident occurred when 30 milk crates fell on the truckie, causing him to sustain painful injuries.

The Queensland Supreme Court awarded the 42 year old driver with $1million in damages after he sustained head injuries when he opened the rear door of the trailer he was driving and 30 milk crates fell onto him.

This incident proves how important the chain of responsibility really is. Everyone involved in the chain has a responsibility including those responsible for loading the truck, the dispatch manager, consignor and consignee.

The following excerpt from an article on SafetyCulture.com.au explains more about the incident:

The 42-year-old driver received head injuries when he opened the rear door of his trailer and the milk crates fell on top of him.

The court was told that another person had overloaded the trailer and as a consequence the crates were leaning on the rear doors when the driver went to open them.

The driver said that at first he didn’t feel the weight of the crates on the door when he began opening it but “something grabbed the door” and everything was a blur after that.

He was knocked to the ground by the crates and suffered cuts to his head. Initial scans had shown there were no abnormalities caused by the accident.

The employer in this case denied having any responsibility in this incident because the driver opened both doors at the same time which they claimed was negligent. They also said that the driver was speeding which caused the load to shift and then fall on him when he opened the doors.

Drivers and employers share responsibility in ensuring safety during road transport. This incident highlights how important training is, particularly for drivers as they are the ones directly affected when something goes wrong.

This driver suffered serious injuries which brought on conditions such as epilepsy, his life will never be the same. Other drivers should learn from the incident, the importance of ensuring a load is correctly loaded and packed and the need to exercise caution when opening the trailer doors. It is also important to stick to the speed limits and not drive in an erratic way which may cause loads to shift. Employers should recognise the need for appropriate training of drivers and all staff.

The post goes on to explain the consequences to the driver,

The driver said that the incident had caused epilepsy, anxiety disorders and brain damage – including memory loss and impaired balance.

The Judge ruled that the accident had caused the driver’s epilepsy and that he did not “necessarily comprehend and communicate as well as the ordinary person”.

However the judge did not find that the accident caused either brain or psychological damage.

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