Caltrans truck hits worker in San Diego
San Diego, CA – Commercial vehicle drivers and truckers are always at risk of injury. Sometimes, injuries can come from their own vehicles and equipment. However, the have the right to take legal action to receive compensation.
Transit worker is injured on the job
On April 27th, 2023, a Caltrans worker was injured in a collision on westbound Interstate 8 in San Diego, California [1]. The incident occurred at around 11:30 a.m. near the Waring Road exit, causing the westbound lanes of the highway to shut down for several hours.
According to reports, the Caltrans worker was part of a crew that was conducting routine maintenance work on the highway. The worker was struck by a vehicle while performing their duties and sustained serious injuries. The driver of the vehicle remained at the scene and cooperated with authorities.
Emergency responders arrived at the scene of the accident and provided medical assistance to the injured worker. The worker was transported to a nearby hospital for treatment, and their current condition is unknown.
The closure of the westbound lanes of the highway caused significant traffic congestion in the area, with drivers experiencing delays of up to several hours. Caltrans officials urged drivers to seek alternate routes and avoid the area if possible.
The incident highlights the dangers that road workers face while performing their duties. According to the Federal Highway Administration, an average of 700 fatalities and 35,000 injuries occur each year in work zone crashes. The majority of these fatalities are drivers and passengers, but a significant number are road workers like the Caltrans employee injured in this incident.
Caltrans officials reminded drivers to exercise caution when driving through work zones and to adhere to posted speed limits and traffic control devices. They also emphasized the importance of paying attention to road workers and their equipment, as well as maintaining a safe following distance. Safety violations can result in lawsuits filed by local lawyers.
The incident is currently under investigation by the California Highway Patrol, who are working to determine the cause of the collision. No further information has been released at this time.
This incident serves as a reminder of the importance of safety in work zones and the need for drivers to exercise caution and patience when passing through these areas. Road workers perform a critical role in maintaining our highways and ensuring our safety on the road. It is essential that we take steps to protect them and prevent accidents like this from occurring in the future.
How commercial drivers can receive compensation for an injury under California law
Commercial drivers are an essential component of the transportation industry, and their work is crucial for the movement of goods and people throughout California. Unfortunately, the nature of their work puts them at risk of injury on a regular basis, and these injuries can have serious consequences for their health and financial wellbeing. Fortunately, California law provides a range of options for commercial drivers to receive compensation for their injuries with the help of San Diego truck accident lawyers.
Workers’ Compensation
Commercial drivers who are injured on the job are entitled to workers’ compensation benefits under California law. Workers’ compensation is a type of insurance that provides medical benefits and wage replacement to employees who are injured on the job. In California, all employers are required to provide workers’ compensation insurance to their employees, including commercial drivers.
To be eligible for workers’ compensation benefits, commercial drivers must report their injury to their employer as soon as possible after the accident occurs. They must also receive medical treatment from a healthcare provider authorized by their employer’s workers’ compensation insurance carrier. Once a claim has been filed, the injured commercial driver can receive benefits such as medical treatment, disability payments, and vocational rehabilitation.
Personal Injury Claims
In some cases, commercial drivers may be able to pursue a personal injury claim against a third party if their injury was caused by the negligence or wrongdoing of another party. For example, if a commercial driver is injured in a truck accident caused by another driver’s negligence, they may be able to file a personal injury claim against that driver.
Personal injury claims can provide compensation for a range of damages, including medical expenses, lost wages, pain and suffering, and more. However, unlike workers’ compensation, personal injury claims require the injured party to prove that the other party was at fault for the accident. This can be a complex process, and commercial drivers should consider working with an experienced personal injury attorney to help them navigate the legal system.
Social Security Disability
If a commercial driver’s injury is severe enough to prevent them from working for an extended period of time, they may be eligible for Social Security Disability (SSD) benefits. SSD benefits are available to individuals who have a disability that prevents them from engaging in substantial gainful activity and is expected to last for at least 12 months or result in death.
To be eligible for SSD benefits, the commercial driver must have paid into the Social Security system through their employment. They must also meet the medical criteria for disability as defined by the Social Security Administration. Commercial drivers who are unable to work due to an injury should consider consulting with an attorney who specializes in Social Security Disability law to help them navigate the process of applying for benefits.
Conclusion
In conclusion, commercial drivers who are injured on the job have several options for receiving compensation under California law. Workers’ compensation provides medical benefits and wage replacement for employees who are injured on the job, while personal injury claims can provide compensation for damages caused by the negligence of a third party. Additionally, commercial drivers who are unable to work due to a disability may be eligible for Social Security Disability benefits. It is important for commercial drivers to understand their rights and options in the event of an injury and to work with experienced California truck accident lawyers who can help them navigate the legal system and maximize their compensation.
More advice is available
USAttorneys.com can help people who need legal advice anywhere in the country. They can provide referrals at 800-672-3103
Sources:
- https://www.sandiegouniontribune.com/news/public-safety/story/2023-04-27/west-i-8-shut-down-after-caltrans-worker-injured-in-collision
