On Friday, December 5, a man from Rice, Minnesota, was tragically killed when a dump truck backed over him.
We are seeing more and more fatal accidents involving dump trucks. Attorney Eric Hageman, who recently won $4 million for a family in a wrongful death lawsuit, says these investigations should include an inspection of the vehicle to determine if any of the following caused or contributed to the accident:
- A design flaw, for example a mirror that is not placed correctly;
- A defective part, with liability falling on the manufacturer, a company that serviced the vehicle, or both.
The Investigation
The accident happened at a construction site near Royalton High School at about 11:00 a.m. According to witnesses, a man was backed over by a dump truck driven by a man from Motlye, Minnesota, the Morrison County Sheriff’s Office preliminary report states. The man who was run over was airlifted to North Memorial Hospital in Robbinsdale, but he did not survive his injuries.
The investigation determined that the dump truck is registered to Joe’s Excavating Inc. Both the man who was run over and the driver are employees of Joe’s Excavating Inc., according to the Morrison County Sheriff’s Office.
The findings are preliminary, and the investigation is ongoing.
The Morrison County Sheriff’s Office was assisted at the scene by the Minnesota State Patrol, Royalton Fire and Rescue, North Air Care out of Brainerd, and Gold Cross Ambulance.
Workers’ Compensation and Wrongful Death
Workers’ compensation does not compensate a family for “loss of companionship” and other damages that can be recovered in a civil lawsuit for wrongful death. For this reason, it is important for the family to hire an attorney that will do an independent investigation to determine if there is a “third party claim,” a legal term meaning someone other than the employer who can be sued. For example, if the dump truck had a defective part because it was not serviced correctly, and that part caused or contributed to the death, the company that serviced the vehicle (if it was not the employer) could be sued for compensation.
Attorneys Fred Pritzker and Eric Hageman recently won millions for a family when their investigation found that the at-fault vehicle had been negligently serviced right before the accident. You can submit our free consultation form and talk with Fred or Eric about your case and what is necessary to have a “third party claim.”