Transport Company May Be Liable for Indiana Truck Driver Injury
A trucker severely injured when his trailer contents fell on him as he opened the trailer door won a partial legal victory when the Indiana Court of Appeals recently overturned a summary judgment against the trucking company whose employee loaded the trailer.
Munster personal injury attorneys will note that while this was a work-related injury, which presumably would entitle the truck driver to workers’ compensation from his own employer, such third-party lawsuits to cover the full cost of losses is not uncommon in Indiana.
The trial court in this case held that both the engine parts manufacturer whose cargo was stowed in the truck, and the trucking company contracted to facilitate transport, did not owe a duty of care to the over-the-road-truck driver, whose employer was contracted by the trucking company to deliver the materials over longer distances. The state appellate court last month reversed this decision, at least as it pertained to the trucking company that contracted with the driver’s employer.