Update [October 15, 2014]: Police confirmed that Brad Griffitt recently passed away from his injuries. He was in a coma at a hospital since this accident, but passed away this Monday (October 13). The truck driver responsible for the accident, Holland resident Mike Barr, is allegedly facing some criminal charges.
Maumee, OH — Three members of a construction crew were injured when a tanker truck passed by and hit their lighted sign truck in Maumee, Ohio, on Friday, September 19, 2014.
Brad Griffitt and a co-worker were working along Anthony Wayne Trail when a tanker truck passed by and crashed into their own truck. News reports have said that Mike Barr, the driver of the tanker truck, had fallen asleep at the wheel. Griffitt was the most seriously injured of the three workers. He, along with the two others, were taken to the University of Toledo Medical Center. No information on his condition has been released.
The accident pushed the sign truck across the highway and into a private yard. Neither the sign truck nor the tanker could be driven following the crash.
Police are investigating the accident, and are making sure to examine Barr’s logbook. Officials have said it’s possible he’ll be cited for the accident.
Barr’s tanker truck is owned by Watkins Oil Co. of Hillsdale, Michigan.
Scene of the Accident
Commentary
People in these sorts of accidents are probably thinking of one or two things: Will I be able to collect workers’ comp benefits from this, and will I be able to find any sort of redress from the trucking company? Let’s look at bot of those things. First, yes, anyone who finds themselves in similar circumstances will be able to collect workers’ comp benefits. This accident happened within the course and scope of the workers’ employment, so that’s taken care of. However, just because their injuries are covered doesn’t mean this is a good deal for the workers. One of our biggest complaints against workers’ comp is that it’s typically a bare bones course of action. It doesn’t cover everything. But that brings us to our second question. This accident involved a third party. It’ll basically be open season on the tanker truck, who, if news reports are accurate, caused the accident.
So, as a recap, the employer’s liability is going to be covered (by workers’ comp), but the truck driver needs to be held accountable for his actions as well — that’s a different story altogether. It’s not like a trucking company to back away from a fight. So if the workers end up filing a claim against them, they can expect it to be challenged.
— Grossman Law Offices