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Load fell from 18 wheeler causing accident, have few questions...

Baton Rouge, LA |

Yes about a year ago huge beam fell from 18 wheeler right in front of my vechile causing serious shoulder, and back injures and also minor neck injuries, my question is I have been out of work for over a year have missed valuable time with my little girl that is three and my step son that is 8 and causing me to really lose my mind I have had shoulder minor surgery and now they want to do back surgery, should I have it? And what should I expect to get out of all this I have not really asked my lawyer anything like this but plain on it when we meet again, but we are now in litigation and just very curious what others think.

Attorney Answers 5


No lawyer can properly or appropriately opine on value without a thorough understanding of your entire case - file, history, etc. it would irresponsible and arguably reckless. Meet with your lawyer and have a full discussion. Write down your questions and concerns ahead of time. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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Sounds like you are entitled to a large settlement or verdict. If you have surgery your case is worth more. Do not have surgery just to enhance the value of the case. Have surgery because you think it is necessary.

You should consult an attorney in your State at once.

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Your lawyer and your doctor need to answer these questions. Don't mix legal with medical advice. Do what is best for your body and your lifestyle, and let the lawsuit follow.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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What you should "get" out of this is your health. Get the treatment you need and let your attorney worry about everything else. I do not think it is fair for an attorney to say what they think your case is worth without ever looking at your medical records, police report, deposition, discovery requests, etc. AND by the way, your attorney should never be too busy to answer his/her clients questions.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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Are pallets usually inspected before being loaded or moved?

The purpose of this article is to alert people to the hazards of truck loading/unloading and to help prevent future deaths when performing these jobs. The additional pages describe the recommendations in further detail and provide resource contacts. Following the recommendations described can greatly reduce the risk for a serious injury or death while loading and unloading trucks.


What training is required when an operator is to operate different types of powered industrial trucks?

[OSHA’s Powered Industrial Trucks Standard] 1910.178(l)(i) states that "The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l)." 1910.178(l)(3) requires that operators receive training in the topics which are applicable to the safe operation of the truck in the employer’s workplace.


Who must provide powered industrial truck operator training to the truck drivers delivering to a site?

With respect to truck drivers who are not employed by [the employer] and with respect to lumpers who may be retained by those drivers, [the employer] must take steps to assure that these individuals are properly trained before they are permitted to operate powered industrial trucks at [the employer's] facility. At a minimum, an employer is responsible for the safety of its own employees. Thus, if the unsafe operation of powered industrial trucks could endanger [the employer's] employees, [the employer] would be obligated to prevent such danger by satisfying itself that powered industrial truck operators have been properly trained


Who must provide powered industrial truck operator training to the truck drivers delivering to a site?

the employer] also generally would be responsible for the overall safety and health conditions on the work site for the benefit of all employees. Indeed, as [the employer] would likely concede, its warehouse is a safer place for all employees to work, if all persons are required to receive appropriate training before they are allowed to operate powered industrial trucks. This does not mean that [the employer] is required to train powered industrial truck drivers who are not its employees. It must, however, ensure that such individuals have been trained in accordance with the provisions of the standard before they are permitted to operate powered industrial trucks at its warehouse.


To reduce the number of truck rollover or falling cargo accidents.

Driving Tips: • Check to make sure that the lading has been properly secured. • Periodically check to see that tie downs and bracing are still intact and the cargo has not shifted. • Some cargo or lading, such as liquids in cargo tanks or portable tanks has a tendency to shift: you must drive at reduced speeds during turns or braking to guard against loss of control. • Pay particular attention to bracing and tie downs when picking up unusual cargoes. Satisfy yourself that the loading personnel have done their job properly. References: FMCSR Part 392.9; 393.100; 393.102; 393.104; 393.106. D1. All Regulations Part 392


Inspection of cargo, cargo securement devices and systems.

(a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless— (a)(1) The commercial motor vehicle’s cargo is properly distributed and adequately secured as specified in §§393.100 through 393.136 of this subchapter. (a)(2) The commercial motor vehicle’s tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle’s cargo, are secured

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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