Utility Workers Face Dangers on the Streets
Summer is a tough time for utility line workers because of high heat, summer storms, and our increasing dependence on electricity. They don’t just have concerns about job duties. They want to stay alive. Utility line workers can be the victims of negligent drivers while driving to a work site, working there, and returning home.
Utility workers not only face the dangers of electrocution, falling from heights, and back and body strains but also the risk of severe injuries and deaths caused by other drivers.
As thunderstorms become more frequent and temperatures rise, local utility workers may need to drive across Kentucky or across the country to help customers keep the lights and air conditioning on. If their work requires them to be on the sides of roads, they may also be struck by a passing vehicle, especially if it’s dark or the weather is bad.
Driving To or From a Worksite
You may be involved in an accident if you work for a utility and drive one of their vehicles. That injury can be the basis for a workers’ compensation claim. You may also be able to file a personal injury case if someone other than the company or a co-worker played a role in the accident.
That other driver may be:
- Speeding
- Distracted
- Fatigued or tired
- Impaired or intoxicated by drugs or alcohol
- Travelling too fast for the conditions
You need not show your employer or a co-worker was negligent if they caused a workplace injury to collect workers’ compensation benefits (just the injury is job-related), but that’s the usual case when the vehicle accident happens in public (unless there’s evidence the collision was intentional).
The negligence legal theory requires that you, the plaintiff, the one filing the lawsuit, use evidence to show the following factual and legal elements:
- There was a relationship between the two of you because you shared a road, and the defendant (the responsible party being sued) owed you a duty or legal obligation to do or refrain from doing something in the situation
- The defendant failed their obligation or breached that duty
- That is the factual and legal (or proximate) causes of your crash and your injuries
- Under Kentucky law, the defendant must pay you compensation or damages for your injuries, including past and future lost income, pain, suffering, and out-of-pocket expenses
Depending on the situation, some elements may be easier or more difficult to establish.
An Accident and Injuries at a Worksite
The worksite can be on the side of a local street, a busy intersection, or a regional road with high traffic and speeds. Accidents may involve motorcycles, cars, or other trucks. Reckless, distracted, or impaired driving, topped off with poor road conditions, congested traffic, and low or poor visibility, can result in a vehicle striking a utility worker standing by the road, in or on a truck. Legal claims would also involve allegations of negligence or intentional acts.
These injuries can result in chronic, lifelong disabilities or fatal injuries. Along with the physical toll, a worker and their family may need to endure the emotional trauma of having a productive life turned upside down. Injuries in these accident cases worsen as vehicle speeds increase and if a worker falls from a far height.
Drivers should comply with traffic rules, not be distracted, maintain their vehicles, and be aware of their surroundings, including work sites along the road. Utilities should also set up safe work areas and limit traffic to decrease the risk of accidents. But these things fail to happen far too many times, including:
- In May, a Maryland man was charged with second-degree murder after he sped around a worksite in his Jeep, striking and killing a utility worker, and fled the scene
- A New Hampshire man was charged with manslaughter in December after he drove his vehicle into a work zone, killing a police officer and a utility worker and injuring two other utility employees. He left the scene on foot and later threatened another officer with a knife
If you’re a utility worker injured by another vehicle, Satterley & Kelley, PLLC may help you receive the compensation you deserve.
Speak To a Personal Injury Attorney Today
If you or a family member are a utility worker injured or killed by another driver, Satterley & Kelley PLLC attorneys can help you take legal action. Schedule a free initial consultation where you can discuss the case by calling our Louisville office toll-free at 855-385-9532. You may also complete our contact form if it’s more convenient.