Sequatchie County, TN — On March 14, 2019, a tractor-trailer overturned on an embankment off Highway 8 near Dunlap, injuring two people.
Authorities with the Tennessee Highway Patrol say the incident happened around 8:00 EST near Dunlap Road on Cagle Mountain. Troopers say the 18-wheeler left the roadway for unknown reasons and crashed into a guardrail. The truck rebounded and rolled down an embankment, overturning in a ditch at the bottom.
The two men in the truck were trapped for roughly three hours before rescuers could free them. They were taken to an area hospital with non-life-threatening injuries.
No further information is available.
Map of the Area
When reading reports about this crash, it stands out to me that two men were injured in the wreck. If a passenger was in fact injured when the truck toppled over, his options for seeking damages from the trucking company may in part depend on why he was in the truck in the first place.
If the passenger was employed by the same company as the driver and they were both “on the clock,” then the passenger may not be able to take legal action and instead must seek assistance through workers’ compensation per his home state’s laws.
However, workers’ comp will only apply if the passenger is an employee of the company and if he was recognizably working at the time of the wreck. Many states’ laws maintain that if an employee is asleep or is doing other non-work activities, they aren’t “on the job.” That means any injuries they suffered due to the truck crash wouldn’t be addressed by workers’ comp, and then the passenger might have a valid claim against the trucking company just as anyone else would.
Some people may believe that incidents like this should be fairly simple in terms of how victims are treated by a trucking company. Unfortunately, most commercial accidents end up being anything but simple. It’s actually a fairly nuanced area of the law that’s explained more thoroughly in another article I wrote.
Time and a careful investigation will hopefully tell what sent the truck off the road in the first place. What the future may hold for the victims depends in part on what investigators uncover.
–Grossman Law Offices