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Workers' compensation and 3rd-party claim may follow truck crash

Drivers of dump trucks and other big rigs face many risks on the roads, particularly in mountainous states like New Hampshire. They have to rely not only on their skills as competent drivers but also on the skills of the mechanics that are responsible for maintenance of brakes and other engine parts. If negligence during maintenance of the vehicle causes a malfunction that leads to an accident, the injured victims -- or families of deceased accident victims -- may have more than a workers' compensation claim.

The surviving family members of a dump truck driver who recently died in an accident may have grounds for a third-party liability lawsuit if it can be determined that the brakes on the truck failed. According to the fire chief of Colrain, the driver came down the mountain on a wet and overcast day. As he headed toward the town center, he failed to control the 10-wheeler truck and smashed head-on into an abandoned building.

The driver's life could not be saved by emergency workers who rushed to the crash scene. It took two cranes several hours to extricate the truck from the piles of rubble. A thorough investigation will likely determine what caused the driver to lose control of the vehicle.

Whenever a person dies in an on-the-job accident, the surviving family members are entitled to survivors' benefits that can be claimed through the workers' compensation insurance program of New Hampshire. However, in a case like this one in which the fatal crash might have been caused by brake failure, investigations might establish negligence by a third party. An attorney who is experienced in both workers' compensation and personal injury law can assist with seeking additional compensation in a civil suit.

Source:, "COLRAIN, NH : NH man killed when dump truck crashes into Colrain building on August, Tuesday 15th 2017", Aug.15, 2017

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