Update [october 13, 2014]: The driver of the armored car in this accident, 25-year old Bobbiejean Phillips, was also badly injured. Recently, the news reports confirmed that Phillips passed away from her injuries at a local hospital. She was from the Cleveland area.
Newbury Township, OH — The driver and a passenger of a dump truck had to be taken to the hospital after an accident with an armored car in Newbury Township, Ohio, on Tuesday, September 30, 2014. The accident happened around 11:00 in the morning.
Reports say that the driver of the armored car, identified as Bobbie Jean Phillips, lost control on a wet road and veered into the oncoming lane of traffic, where she struck the dump truck. The crash sent the dump truck off the road, which spilled a load of gravel that it was carrying. The truck also caught fire because of leaking diesel fuel, which was quickly put out by two employees from a nearby business.
Andrew Householder and Charles Rohr, the driver and passenger of the dump truck, were taken to Hillcrest Hospital. Both suffered serious injuries.
The road was closed for several hours while emergency workers worked to clear the wreckage. Allegedly, Phillips had been speeding, police said.
Approximate Scene of the Accident
Commentary
This is not a normal accident, for several different reasons. One is that these are large vehicles, which can cause a lot of damage. Also, the occupants of both vehicles were on the job when the accident happened. So what do accidents like this look like going forward? Think of it as working in phases. The first phase really involves only those in the dump truck. As they were injured on the job, they’ll be eligible for workers’ comp benefits from their employer. These cover things like medical bills and will supplement lost wages if the victims are unable work, but that’s really about it. Workers’ comp benefits don’t cover things like pain and suffering, disfigurement, mental anguish, loss of earning capacity, etc. And those are losses that need to be addressed. Fortunately, this is not an all or nothing proposition. The law allows people who are involved in these sorts of accidents to file for workers’ comp as well as pursue compensation from whoever caused the accident. This is Phase 2, where the occupants of the dump truck are able to get fair compensation. Workers’ comp will cover a minimum of the damage, while a claim against the other driver will take care of the rest. This is where things get complicated.
Rather than focusing solely on on the armored car driver’s negligence, the legal team defending the driver can muddy the legal waters by disputing what they should be liable for and what workers’ comp should be liable for. As if that doesn’t present a big enough challenge for the injured workers, they’ll also be forced to contend with the generally denial-happy approach commercial trucking companies have made their MO. Hopefully, this illustrates the need for a good legal strategy, because while the road to recovery is definitely there , it’s just sometimes hard to find.
— Grossman Law Offices
