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Personal Injury

Personal Injury

Mistakes to Avoid After a Commercial Vehicle Accident

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If you were hurt or have lost a loved one in a commercial vehicle accident, you likely feel overwhelmed and unsure of what steps to take next. Your actions in the hours, days, and weeks following a crash will greatly determine whether the trucking company is liable, and the amount of damages you may be able to claim. Just as there are certain steps you should take, there are also things you should avoid doing after an accident. Below, one of our Baton Rouge personal injury lawyers explains what those are. Failing to Call the Police Whether you were struck by an 18-wheeler or a local garbage truck, the injuries and other losses you sustain will be significant. Still, you may not realize the severity of the losses right away and another party at the accident scene may convince you not to call the police. This is a mistake. When police arrive on the scene, they will collect evidence to include in their written report. If you choose to pursue a case against the truck driver or the company they work for, the police report can help find witnesses, determine how the crash occurred, and who was at fault for it. Failing to Collect Important Evidence and Information After a crash, you will feel an adrenaline rush and be in a great deal of shock. Many accident victims fail to record information and gather evidence that could be critical to their case. If you are able, take photographs and video footage of the accident scene. Make sure to take pictures of all vehicles, lighting and traffic signals, skid marks, and any other factor relevant to the accident. You should also take note of certain information, including: The name and contact information of anyone involved in the crash and any eyewitnesses, Name of the company the driver works for, The license and insurance information for the driver, and The license plate and Department of Transportation (DOT) number of the commercial vehicle Remember that while you are at the scene is likely the only opportunity you will have to gather evidence and take photographs. Even if something seems insignificant, take a photo as your lawyer may be able to use it in the future. Not Seeking Medical Treatment Commercial vehicles are much larger and heavier than other vehicles on the road. Due to this, there is little chance that you will escape an accident unscathed. Even severe injuries may not be apparent for several hours or even days after a crash. Additionally, an injury that seems minor at first may be the first sign that something is seriously wrong. Even if you do not think you were seriously hurt during a commercial vehicle accident, it is important to receive medical treatment. Not only will this ensure that you prioritize your own safety and well-being, but it will also document your injuries at the earliest opportunity. If the insurance company tries to trivialize the nature or severity of your injuries, your medical records can refute those claims. Speculating About Fault There are certain things you should do at the scene of the crash, such as obtaining important information from other drivers involved. However, you should limit the conversations you have with people at the scene. You may have to provide a brief statement to the police but do not say more than you have to. Only talk about what you know to be true about the accident, and do not try to guess or speculate about certain facts. In particular, you should never speculate about who was at fault, or even apologize that the accident happened at all. The insurer will use any apology to show that you were negligent, caused the accident, and felt remorseful about it afterward. Agreeing to a Settlement Too Quickly After a serious accident, you will face high medical bills and may not be able to return to work right away. You may wonder how you will pay your daily expenses. The insurance company is counting on the fact that you are desperate to receive any damages at all. They will offer a settlement that is not enough to fully cover the cost of your injuries and other losses. If you accept it, you cannot go back to the insurer for more in the future. Never sign a settlement agreement until you have spoken to a personal injury lawyer. A lawyer can review the facts of your case and accurately value your damages so you receive the full and fair damages you need to make a full recovery. Agreeing to a Recorded Statement The insurance company may ask you to provide a recorded statement, and agreeing to it is a very serious mistake. The insurance company will use anything you say against you in order to minimize the amount of damages they are liable for paying. For example, you may say, “The truck came out of nowhere,” simply meaning that the driver tore around a corner or cut you off. However, the insurer will twist your words and argue that you were not paying attention to the road because you did not see the truck. Signing a Medical Release The insurance company may also ask you to sign a medical release. They do this so they can access your medical records. Once they have, they will comb through them looking for a pre-existing condition. If you have a pre-existing condition, the insurer will say that it was not the accident that caused your injuries. Even if you do have a pre-existing condition, you still have the right to claim damages if the crash exacerbated it. Still, never sign a medical release, as you do not want to give the insurance company more information to use against you. Our Personal Injury Lawyers in Baton Rouge Can Help You Avoid Mistakes Even the smallest mistake made in a personal injury claim can seriously hurt your chances of obtaining the full compensation you deserve. At Big River Trial Attorneys, our Baton Rouge personal injury

Personal Injury

How Does Defective Machinery and Equipment Cause Industrial Accidents?

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Workers in construction, agriculture, oil and gas, or other related industries often operate many different types of machinery and equipment. Heavy industrial equipment poses a great number of inherent risks. Given the sheer size and complexity of these machines, workers must have a high level of skill to operate them. Even the most skilled workers, however, cannot always prevent an accident caused by defective machinery and equipment. Through no fault of their own, workers can become seriously hurt, and sometimes, these accidents are even fatal. If you or someone you love has been injured due to defective industrial machinery or equipment, it is important to know that you have legal options. What Types of Accidents Does Defective Machinery and Equipment Cause? When heavy equipment and machinery are defective, it turns a typical workday into a life-or-death situation for operators and workers nearby. Unfortunately, the consequences of these accidents are often catastrophic. The most common types of accidents caused by defective machinery and equipment include: Falls to a lower level Workers becoming caught in or struck by equipment or parts Electrocutions Toxic chemical exposure Explosions and fires Types of Defective Machinery and Equipment that Cause Accidents Heavy industrial machinery and equipment refers to the machines, components, tools, parts, and other products workers use while performing the duties of their employment. While any type of heavy machinery can contain defects, there are some that more commonly cause accidents than others. These include: Cranes Bulldozers Forklifts Backhoes Wheel loaders Circular saws Trawl winches Graders Die-casting machines Excavators Common Injuries Caused by Defective Machinery and Equipment Again, the injuries caused by defective machinery and equipment are some of the most serious. The most common include: Traumatic brain injuries Electrocutions Burns Smoke inhalation Broken bones Amputations Torn ligaments Injuries to the back, spinal cord, and neck, including paralysis Hearing or vision loss Disfiguring lacerations The Most Common Types of Defects in Heavy Machinery There are a number of different types of defects that can be found in heavy machinery. Some of these occur during the manufacturing process. For example, an electric saw may not have been built with the necessary safety guards. Even the marketing for a certain type of machinery may be defective. This most often occurs when the manufacturer fails to warn consumers, companies, and workers of certain hazards associated with using the equipment. The above are just two types of defects that can be found in heavy machinery. Other common defects include: Heavy equipment is not placed in a proper location, putting workers at risk of suffering an injury from nearby equipment Errors made during the installation or assembly of certain machines Improper or poor-quality materials used during the manufacturing phase Defective wiring Who is Liable for Defective Machinery and Equipment? Companies that manufacture, design, sell, or distribute defective machinery and equipment can be held liable for any injuries caused. These cases are legally known as strict liability claims. This means you do not have to prove the liable party was negligent. You must only show that the machinery or equipment is defective and that you were hurt as a result. Still, proving liability in defective product claims can become complex. It is always advised that you work with a Baton Rouge industrial accident lawyer who can help you obtain the full settlement you deserve. If you are successful with your claim, you can recover compensation for any loss you sustained. This compensation is legally known as damages, and the most common types available are as follows: Medical expenses Lost income Loss of earning capacity if you cannot return to the same line of work or earn the same wages after the accident Physical pain Emotional anguish Permanent disfigurement It is not always easy to know the full amount of damages you deserve after an industrial accident. For example, on your own, you may only calculate the losses you have currently experienced without factoring in future damages. A lawyer will also know how to accurately value your claim so you maximize your settlement. Our Personal Injury Lawyers in Baton Rouge Can Help with Your Case If you or someone you love has been injured by defective machinery or equipment, our Baton Rouge personal injury lawyers can help. At Big River Trial Attorneys, we have helped many accident victims claim the full and fair damages they deserve, and we will put that expertise to work for you. Call or contact us online now to schedule a consultation and to learn more about how we can help.

Personal Injury

How Does Improperly Loaded Cargo Cause Truck Accidents?

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When many people envision truck accidents, they think of the damage caused by large commercial vehicles. However, the cargo a truck is carrying can also cause a crash, particularly if it is not loaded properly. The Federal Motor Carrier Safety Association (FMCSA) outlines very specific rules for inspecting, securing, and loading cargo. Truck drivers who disregard these rules and fail to comply with them can be held liable for a crash. If you were injured due to improperly loaded cargo, you can file a claim for compensation. A Baton Rouge commercial vehicle accident lawyer can help you obtain the maximum damages you deserve. How to Properly Secure Cargo on a Commercial Vehicle It is critical for truck drivers to properly secure cargo on their vehicles so they do not cause an accident. The FMCSA outlines very specific rules for cargo securement, which include: Drivers must ensure that cargo is properly secured Drivers must ensure that cargo is properly distributed Drivers must secure all doors, tailgates, spare tires, and other equipment The cargo on a truck must never obstruct a driver’s view The cargo on a truck must never prevent a driver from moving their arms or legs freely To ensure they comply with the above requirements, drivers must use straps, ropes, hooks, chains, binders, bracing, and winches when loading cargo onto their trucks. When they fail to do so, and an accident occurs as a result, truck drivers can be held liable for an accident. Cargo Inspections Truck drivers are not only expected to make sure their cargo is properly secured but they are also required to inspect it regularly. Inspecting cargo once before heading out on the road is important, but it is not enough. Truck drivers must also inspect their cargo at the following times: Prior to any trip At least one time within the first 50 miles of the trip Any time the driver’s duty status changes, such as when they clock off the job or start a new shift Every 150 miles or every three-hour interval, whichever comes first During these inspections, drivers must confirm that the cargo is still secure and that any devices used to secure the cargo are in good working condition. If a securing device is damaged or broken, drivers must replace them and notify the carrier before beginning or completing the trip. A driver may also need to use additional securing devices before they start or continue a trip. How Improperly Secured Cargo Causes Accidents A serious accident can occur any time a truck driver does not properly secure their cargo. This is particularly true when the cargo itself is dangerous, such as when a truck is carrying toxic chemicals. Cargo that is not secured properly can cause many different types of accidents. One of the most obvious is when the cargo shifts and falls off of the vehicle. When this happens, other drivers may not have enough time to stop before they crash into the cargo. Or, the cargo may fall directly onto vehicles, seriously injuring the occupants inside. Heavy machinery and other items can cause life-threatening injuries to others on the road. If the truck was carrying items that could easily roll, such as piping or logs, the cargo can easily travel down the roadway and cause a crash involving multiple vehicles. When cargo is loose, it does not even have to fall off the truck to cause a serious crash. For example, when chemicals are not properly secured, containers can spill or leak and eventually leak out of the truck. This can create slick conditions that can cause a crash, or the liquids may be toxic and harmful, causing injuries. Shifting cargo can also make it extremely difficult for a driver to control the truck. This can result in sideswiping accidents, rollovers, and jackknife crashes. Call Our Commercial Vehicle Accident Lawyers in Baton Rouge for Help With Improperly Secured Cargo Truck drivers have many obligations to keep other motorists safe on the roads. When they fail to meet them, they can be held liable for a crash. At Big River Trial Attorneys, our Baton Rouge commercial vehicle accident lawyers can help you prove your case, which is very challenging after a crash due to unsecured cargo. We will gather and preserve the necessary evidence, handle the legal aspects of your claim, and negotiate with the trucking company and the insurance companies representing them. Call us now or fill out our online form to schedule a free consultation and learn more.

Personal Injury

Frequently Asked Questions About Industrial Accident Claims

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Of all the different types of accidents a person could suffer, those that happen in industrial settings are some of the most catastrophic. According to the National Safety Council, industrial injuries cost employers over $171 billion in 2019, and in the same year, there were more than 4,500 preventable deaths. If you have been seriously hurt in an industrial accident, you likely have a lot of questions. You need legal advice on how to move forward and how to manage your finances if you cannot return to work right away. Below are the most frequently asked questions about these accidents and the answers to them. Do You Need a Lawyer After an Industrial Accident? Time is of the essence after you have been injured in an industrial accident. Evidence can quickly disappear from a work site, and just an hour or two can make the difference between having a case or not. Speaking to a Baton Rouge industrial accident lawyer is the most important first step to take after suffering an injury. A lawyer will make sure your best interests are protected, and they will also answer all of your questions. A lawyer will also explain your options for claiming financial compensation that can cover the cost of your injuries. Lastly, a lawyer will also help you obtain the maximum compensation you need regardless of the path that is most appropriate for your case. Should You File a Personal Injury Claim or a Workers’ Compensation Claim? The vast majority of employers in Louisiana are required to carry workers’ compensation insurance. This coverage provides benefits for employees who are injured while on the job, as long as they were performing the duties of their employment at the time of the accident. Workers’ compensation is a no-fault system, which means that you can claim benefits even if you were at fault or contributed to the accident. If you are successful with your claim, workers’ compensation will provide coverage for all of your reasonable medical expenses and a portion of your lost income. After an industrial accident, you may also be able to file a personal injury claim. If another party who is not related to your employer caused your injury, you can file a third-party claim against them. For example, if your industrial accident was caused by a defective piece of machinery, you can file a personal injury claim against the manufacturer. Personal injury claims do hold some benefits over workers’ compensation claims. For instance, in addition to all of your medical expenses and lost income, you can also claim damages for pain and suffering and loss of enjoyment of life. However, to claim the full damages you deserve, you will have to prove the other party was at fault and caused your injuries. Can You Sue Your Employer for an Industrial Accident? Generally speaking, industrial workers cannot sue their employer after an accident, even if they have sustained serious injuries. This is because the workers’ compensation system was designed to limit the number of lawsuits against employers while still providing employees with the compensation they need. Still, there are instances when you may be able to file a lawsuit against your employer. It is a serious matter when employers do not carry the required amount of workers’ compensation insurance. If your employer is not insured, you can file a lawsuit against them to recover compensation. Additionally, if your employer does carry workers’ compensation, but the benefits are not enough to cover the cost of your injuries, you may also be able to file a lawsuit against your employer. It is always advisable to speak to a Baton Rouge industrial accident lawyer who can advise you of the many ways you can seek compensation. How Long Does an Industrial Accident Claim Take? Industrial accident claims are civil cases, and there is no way to determine how long your case may take, particularly without first fully evaluating the facts of the case. The amount of time your case will take depends on the severity of your injuries, whether you are pursuing workers’ compensation benefits or a personal injury claim, and other relevant factors. A workers’ compensation claim can take six to nine months, while a personal injury case can take one year or more to resolve. Our Industrial Accident Lawyer in Baton Rouge Can Answer Your Questions The above questions are likely just a few you have after sustaining an industrial injury. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can answer any question you have so you can make the best-informed decisions. Call us now or fill out our online case evaluation form to request a free consultation and learn more about how we can help.

Personal Injury

Most Common Toxic Chemicals Industrial Workers are Exposed To

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People run the risk of coming into contact with harmful substances every day. Contaminated water, lead-based plumbing, and mold in the home are all common types of toxins that people may encounter. For industrial workers, the risk is even greater. Any workplace setting can involve toxic chemicals, but industrial environments contain even more than others. Below, our Baton Rouge industrial accident lawyer explains the most common toxic chemicals industrial workers are exposed to. What Industries Pose Higher Risk of Toxic Chemical Exposure? Workers in certain industries are at a higher risk of being exposed to toxic chemicals. These include: Industrial and manufacturing Warehousing Mining Oil and gas Transportation Railroad Construction Lumber Welding Healthcare Agriculture Many of the substances and chemicals used in the above industries pose a serious risk of injury or death, particularly if workers are exposed to them over a long period of time. The Occupational Safety and Health Administration (OSHA) oversees safety regulations in these industries, and the agency provides guidelines to minimize the risk of exposure. Still, negligent employers do not always abide by those guidelines, or they willingly cut corners in order to protect their own profits. According to the Centers for Disease Control and Prevention (CDC), most workplace injuries caused by exposure to toxins are caused by one of five substances. These are explored further below. Carbon Monoxide Carbon monoxide (CO) is known as the silent killer because it is a colorless and odorless gas, making it very difficult to detect. Every time a fossil fuel is burned, it produces carbon monoxide. When CO is produced indoors or in areas that are poorly ventilated, workers can experience sudden illness, or even death, within just a few minutes. Much of the machinery and equipment in industrial settings rely on fossil fuels, which is why these workers are at such an increased risk. The most common signs of carbon monoxide exposure include dizziness, headaches, vomiting, nausea, confusion, chest pain, and overall weakness. When a person is exposed to high levels of CO, they may lose consciousness, and the exposure may even be fatal. Ammonia Like carbon monoxide, ammonia is also colorless, but it does have a very unique odor, which makes it much easier to detect. Ammonia is commonly used as a refrigerant in food manufacturing, as well as in fertilizer in agriculture. Workers in these industries are at particular risk of suffering from exposure. Symptoms of ammonia exposure include severe burns and irritated throat, mouth, lungs, and eyes. When the level of exposure is high, ammonia can even be fatal for industrial workers. Hydrochloric Acid Another colorless substance that poses a risk to industrial workers is hydrochloric acid. Hydrochloric acid is extremely corrosive, and it is derived from hydrogen chloride in water. Hydrochloric acid is used extensively in the manufacturing of rubber, dyes, fertilizers, and many other products. When a person is exposed to unsafe levels of hydrochloric acid, it can result in permanent damage to the skin, eyes, intestines, and respiratory organs. Due to the fact that hydrochloric acid is so highly corrosive, it can cause severe chemical burns if it comes into direct contact with the skin. Chlorine Many people are familiar with chlorine due to its common usage in swimming pools and other aquatic areas. This familiarity often causes people to believe that chlorine is not a dangerous toxin. Unfortunately, that is not true. Air is lighter than chlorine, so the toxin often accumulates at the bottom of areas that do not have proper ventilation. In addition to swimming pools and water parks, chlorine is also commonly used in print and paper manufacturing industries. When a person is exposed to low levels of chlorine, they may suffer from an irritated nose, throat, and eyes. Higher levels of exposure can result in difficulty breathing, coughing, vomiting, chest pains, and even death. Sulfuric Acid Also known as battery acid, sulfuric acid is colorless and clear, although it is very oily. Like hydrochloric acid, sulfuric acid is extremely corrosive, but it is still commonly used in many different industries. Sulfuric acid is an important part of the petroleum refining process, and it is a critical ingredient in fertilizer. Sulfuric acid can cause thermal and chemical burns when it comes into direct contact with the skin, and if it comes into contact with the eyes, it can result in blindness. Our Industrial Accident Lawyers in Baton Rouge Can Help After Exposure If you have suffered from toxic exposure at the workplace, you need a legal advocate in your corner that will ensure your rights and best interests are upheld. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyers can advise on how to claim maximum compensation for your injuries so you can make a full recovery. Call us now at (225) 963-9638 or contact us online to request a free consultation and to get more information.

Personal Injury

Who is Liable After an Accident Involving a Company Vehicle?

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Driving a company vehicle has many benefits. You do not have to pay for gas out of your own pocket, worry about wear and tear on your own vehicle, or pay for costly car insurance premiums. However, company vehicles can be involved in accidents just like any other, but the aftermath of these crashes can be far more complex. You may not know if you are responsible for damage to the car or who will pay for your lost wages and medical bills. Our Baton Rouge commercial vehicle accident lawyer explains more about these wrecks below. When are Employees Liable for Company Vehicle Accidents? Although every case is unique, after the majority of accidents involving company vehicles, it is the employer who is liable for any damages that result. Still, there are times when workers could be held liable, including when: You were not performing duties within the scope of your employment, You violated the law or company policy, and that caused the crash, or You are not classified as an employee but rather as an independent contractor. Our commercial vehicle accident lawyer examines each of these points in further detail below. Defining Duties Within the Scope of Your Employment Generally speaking, when an employer provides an employee with a company vehicle, they also carry commercial auto insurance. In most cases, this insurance provides coverage for accidents when a worker is performing duties within the scope of their employment. What does this mean exactly? Performing duties within the scope of your employment means that you are doing something for the direct benefit of your employer. For example, if you had to drive to a supply store to purchase equipment or you had to go to the bank to drop off a deposit for the store you work for, that would be performing duties within the scope of your employment. If you were to get into an accident while performing duties within the scope of your employment, your employer is likely liable for paying any damages. On the other hand, if you are using the company vehicle for your own personal benefit, you are not performing duties within the scope of your employment. Running your own errands, traveling out of town, or visiting friends are all examples of using the company vehicle for your own benefit and not your employer’s. If you were to be involved in an accident while carrying out these activities, you could be held liable for paying damages, even if the crash happened during work hours. A Violation of the Law or Company Policy Under a legal concept known as vicarious liability, employers are usually held liable for the negligent or intentional actions of their employees. This means that when you are driving a company vehicle while performing duties within the scope of your employment, and you get into an accident, your employer is typically liable for damages. It does not matter whether you caused the crash or another driver did. There is an exception to the vicarious liability rule. This is when an employee causes an accident due to a violation of company policy or the law. For example, if you were texting while driving and caused a crash, your employer may deny liability. If you are found liable because you broke the law, you may have to pay damages personally. Employers are Not Liable for Independent Contractors Your employment status also has an impact on whether or not your employer is liable for damages after an accident. Employers are only liable for the actions of their employees. As such, if you are classified as an independent contractor, your employer is not liable for paying damages, even if you get into an accident with the company vehicle. For example, independent contractors often work on construction sites and drive company vehicles around the location. If you were performing this task and accidentally hit someone or another vehicle, you would be found liable for paying damages. If you are classified as an independent contractor, you should ask if there is commercial coverage on the vehicle and if you are covered. Additionally, if you are classified as an independent contractor, it could also hurt your ability to file a workers’ compensation claim. Almost all employers are required by law to carry workers’ compensation insurance, which covers the cost of an injured worker’s medical expenses and lost income. Workers’ compensation, however, only covers employees and not independent contractors. Call Our Commercial Vehicle Accident Lawyers in Baton Rouge for a Free Consultation The aftermath of an accident involving a commercial vehicle is much more complex than being in a crash in your personal car. At Big River Trial Attorneys, our Baton Rouge commercial vehicle accident lawyers can explain your legal options and help you obtain the full damages you deserve. Call us now at (225) 963-9638 or contact us online to request a free consultation with one of our experienced attorneys.

Personal Injury

An In-Depth Look at Oil Rig Injuries

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The oil and gas industry is an extremely lucrative business. It is no surprise then that it attracts thousands of employees in Baton Rouge every year. Employment positions on oil rigs often come with very large salaries, and people often do not need extensive experience, nor are they given a lot of training. Unfortunately, accidents on oil rigs are common, and when they occur, they result in catastrophic injuries. Working on an oil rig is dangerous and difficult. Below, our Baton Rouge industrial accident lawyer outlines the most common types of injuries, what causes them, and how you can claim compensation if you have been hurt. Common Oil Rig Injuries Workers in the oil industry often feel pressured to sacrifice their own personal safety for productivity. There are often no clear training protocols for navigating rig decks that are at great heights or for operating heavy machinery. Workers also must regularly handle dangerous materials without receiving much training on how to do so safely. Workers are also not given much training on how to properly clean and maintain the equipment they use, which can cause it to become faulty and dangerous. This can result in some of the most serious accidents that cause catastrophic injuries. The most common of these are as follows: Limb amputations Finger or fingertip amputations Traumatic brain injuries Broken bones Spine injuries Puncture wounds and lacerations Vision loss Hearing loss Oil rig injuries such as chronic illnesses and burns are not as common, but they do still happen. This is due to the fact that workers in oilfields are often required to handle dangerous materials, such as hydrogen sulfide gas. These materials are highly combustible, and fires often occur. Workers in oilfields are also commonly around diesel particulate and silica matter. These hazardous materials can damage the eyes, skin, and lungs. If oilfield workers are negligent when working with these materials, they can suffer burns and acute illnesses as a result. Common Causes of Accidents on Oil Rigs The oil industry is one that is in very high demand. Due to this, employees and employers alike push themselves to the brink of productivity. They may try to cut corners, ignore safety precautions, and try to improve productivity in other ways. The most common causes of accidents on oil rigs are as follows: Drug use: Drug use is a very big part of the culture in the oil and gas industry. This side effect is a combination of high wages as well as the highly demanding nature of the job. Workers often use stimulants such as methamphetamine and cocaine to stay alert. While many companies are implementing strict drug testing, abuse is still a problem that contributes to many oil rig accidents and injuries. Insufficient training: One of the biggest draws for employees in the oil industry is that they can earn high wages without needing to submit to a great deal of training. Still, any worker on an oil rig should receive sufficient training that allows them to perform their job safely. When proper training is not provided, it can result in a serious accident that results in a catastrophic injury. Lack of safety precautions: Proper training is not the only safety measure that should be made available to workers in the oilfield. Proper safety equipment, as well as making sure it is adequately maintained, is also important. According to OSHA, equipment and chemicals should be actively monitored to ensure they are safe. OSHA also recommends utilizing safety control devices such as two-handed controls, tripwires, and barriers such as protective shields and gates. Workers’ Compensation and Oil Rig Injuries An oil rig injury is typically very serious and prevents an employee from returning to work. In these cases, workers’ compensation may be available to help employees recover their medical expenses and a percentage of their lost income. Many oil rig workers are reluctant to file for workers’ compensation because they worry their employers will retaliate against them. This is against the law; any workers should file a claim as soon as possible to protect their case. In other instances, personal injury claims are more appropriate after an oil rig injury. A personal injury claim can be filed against any entity that caused the accident, and that is not related to the worker’s employee. For example, when a defective machine causes a worker’s injury, the injured party may have a valid claim against the manufacturer. Our Industrial Accident Lawyer in Baton Rouge Can Help After an Injury If you have been injured on an oil rig, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge industrial accident lawyer can advise you of your legal options and help you navigate any avenue to claim the full and fair compensation you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free review of your case and to learn more.

Personal Injury

How Do Fatigued Commercial Truck Drivers Cause Accidents?

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Many years ago, the Federal Motor Carrier Safety Administration (FMCSA) enacted new hours of service rules in an attempt to reduce the number of crashes caused by truck driver fatigue. These rules outline the number of hours a truck driver can be on the road, when they must take breaks, and how long they must remain off of the road before taking another trip. Unfortunately, not all truck drivers and trucking companies comply with these rules. According to the FMCSA, fatigued truck drivers cause approximately 1.5% of fatal truck accidents every year. Any time a truck is involved in a crash, it can result in severe and catastrophic injuries. When a driver is fatigued and could not react right away, those injuries can be even worse. If you or a loved one has been injured, it is critical to speak to a Baton Rouge truck accident attorney. How to Prove Truck Driver Fatigue Unlike when testing for drugs or alcohol in the system, law enforcement does not have any test that can determine when an accident was caused by truck driver fatigue. Investigators must then use other methods to determine if a truck driver was drowsy or if they fell asleep. Some factors law enforcement may take into consideration are as follows: Driving late at night The accident only involved the truck that left the road There is no evidence to suggest that the truck driver tried to prevent the crash, such as skid marks on the road Investigators may also still perform a breath test or other chemical test to determine if there was alcohol in the truck driver’s system. Alcohol can make a person feel even more tired more quickly, so even if the test does not prove the trucker was impaired, it may still show that the truck driver was fatigued. For a number of years, truck drivers have also had to log the number of hours they spent on the road. Historically, they did this manually, which made the logs easy to forge and manipulate. Today, fortunately, most trucks on the road are equipped with electronic logging devices (ELDs). This makes it much more difficult for truckers and trucking companies to change the numbers manually. What are the Hours of Service Rules? There are many rules set out by the FMCSA that outline how long a truck driver can remain on the road. The hours of service rules apply mainly to long-distance drivers, and they are as follows: Truck drivers can only drive for a maximum of 11 hours after having 10 hours off. Truck drivers cannot drive after working for 14 hours following a period of being off duty for 10 hours. If a break is taken during the 14 hours, it does not extend the 14-hour period. Truckers can take one long ten-hour break, or they can divide the time into two separate times. However, one of these times must be at least two hours, and seven of those hours must have been spent in the berth of the truck. The two times must add up to at least 10 hours. For every eight hours of driving, truck drivers must rest for at least 30 minutes. Drivers can spend that break resting in their cab or outside of the truck. Truck drivers cannot be on the road for more than 60 hours in seven days or 70 hours in eight days. The seven or eight-day period restarts after the trucker has taken 34 hours off. If truckers encounter inclement weather or other adverse conditions, they can extend the 14-hour period by a maximum of two hours. Who is Liable for a Crash Caused by Truck Driver Fatigue? In the majority of cases, the truck driver who drove while fatigued is liable for any accident they caused. However, there are times when the trucking company may also be found liable. Trucking companies often provide incentives for truck drivers to remain on the road longer than the law allows. They do this so they can make more deliveries in shorter periods of time and increase their profits. It is important to identify all liable parties. Each liable party will have insurance coverage, but those policies all have limits, or a maximum they will pay. By identifying all liable parties, you can receive damages from each insurance company and maximize your claim. Our Truck Accident Lawyers in Baton Rouge Can Help After a Fatigued Driving Accident At Big River Trial Attorneys, our Baton Rouge truck accident lawyers can determine if your injuries were caused by fatigued driving and prove your case so you obtain the full and fair compensation you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation and learn more about how we can help.

Personal Injury

OSHA Walking-Working Surface Regulations: A Comprehensive Guide

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Walking-working surfaces are a common hazard in many workplaces. Slips, trips, and falls can result in serious injuries or even death. To help prevent these accidents, the Occupational Safety and Health Administration (OSHA) has established a number of regulations governing walking-working surfaces. Unfortunately, employers and jobsite managers don’t always comply with these regulations. This blog article will provide a comprehensive overview of OSHA’s walking-working surface regulations, including the following topics: What are walking-working surfaces? What are the OSHA requirements for walking-working surfaces? How can employers comply with OSHA’s walking-working surface regulations? What are the penalties for violating OSHA’s walking-working surface regulations? What are walking-working surfaces? Walking-working surfaces are any horizontal or vertical surface on or through which an employee walks, works, or gains access to a work area or workplace location. This includes floors, roofs, stairs, ladders, catwalks, and platforms. What are the OSHA requirements for walking-working surfaces? The OSHA walking-working surfaces regulations are found in 29 CFR 1910.22. These regulations cover a wide range of topics, including: The inspection and maintenance of walking-working surfaces The provision of guardrails and other fall protection systems The use of personal fall protection systems The training of employees on walking-working surface safety Inspection and Maintenance of Walking-Working Surfaces These regulations require employers to: Keep walking-working surfaces free of hazards such as loose boards, holes, spills, and debris. Provide guardrails or other barriers to protect employees from falling from high places. Ensure that walking-working surfaces can support the weight of employees and equipment. Provide safe means of access and egress to and from walking-working surfaces. How can employers comply with OSHA’s walking-working surface regulations? There are a number of steps that employers should take to comply with OSHA’s walking-working surface regulations. These include: Conducting regular inspections of walking-working surfaces to identify and correct hazards. Providing training to employees on how to identify and avoid walking-working surface hazards. Using appropriate guard rails and fall protection systems when employees are working at heights. Maintaining walking-working surfaces in good condition. Regular Inspections Employers are required to inspect walking-working surfaces regularly to identify and correct hazards. The frequency of inspections will depend on the type of walking-working surface and the level of hazard. For example, elevated surfaces should be inspected at least monthly, while wet or slippery surfaces may need to be inspected more often. Training Employers must train their employees on the hazards of walking-working surfaces and the procedures for preventing falls. The training should be in a language that the employees can understand and should be repeated as needed. Guardrails and Fall Protection Systems Employers must provide guardrails or other fall protection systems to protect employees from falls from elevated surfaces. Guardrails must be at least 42 inches high and have a mid-rail or toeboard. Other fall protection systems may include personal fall arrest systems, travel restraint systems, and positioning systems. Personal Fall Protection Systems Personal fall protection systems can be used to protect employees from falls when other fall protection measures are not feasible. Personal fall arrest systems use a harness and lanyard to secure the employee to an anchor point. Travel restraint systems allow the employee to move freely while still being protected from falls. Positioning systems are used to keep the employee in a specific location while they work. What Should I do if I’ve had a Fall at Work? If you’ve been injured in a fall at work, you likely have a claim against your employer’s worker’s compensation insurance to have your medical bills paid and for a portion of your wages if you are unable to work becuase of your injuries. But you might also have claims outside of worker’s compensation for things like pain and suffering, emotional distress, and loss of enjoyment of life. The first thing you should do is seek necessary medical treatment. Even if you don’t think you were hurt that bad, get checked out by a doctor. You should also report the fall to your supervisor and to someone at the jobsite you were working on. Take pictures of the scene. It will be your burden to prove any defects in the premises that caused your fall. Get the names of any witnesses you may need later. You should also speak with an attorney who is knowledgeable about OSHA regulations and has experience handling workplace injuries. If you would like to schedule a no-cost consultation with a member of our team, give us call at (225) 963-9638 or click here to contact us.

Personal Injury

How To Document Your Injuries After An Accident

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Hey guys! Injury attorney Rusty Messer with Big River Trial Attorneys explains everything you need to know about how to document your injuries after an accident so you can MAXIMIZE your insurance claim! If you’ve been injured in an accident and you have questions about what documents or what evidence to send to the insurance company or if you have questions about how an attorney can help you get the most money for your accident (and statistics show that you’re likely to get more money with an attorney than without) if you have questions about any of these things, give us a call for a confidential, no-cost consultation.

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