Fitzsimmons Law Firm Obtains Settlement in Wrongful Death Case Arising from Surface Mining Accident

WHEELING, W.Va. - June 26, 2013 - PRLog -- The Fitzsimmons Law Firm recently reached a settlement for a family who lost their loved one in a fatal surface hauling accident that was caused by faulty and defective brakes on the coal truck he was operating.  The plaintiff filed a lawsuit against the coal miner’s employer for "deliberate intention" alleging that it failed to maintain the truck in a safe working condition.  The plaintiff also asserted a cause of action against the miner operator alleging that it failed to properly inspect the truck during routine monthly inspections and further that it failed to ensure the vehicle’s safety before allowing it to leave the premises. With the help of the law firm’s West Virginia personal injury lawyers, the plaintiff was successful in obtaining compensation for her wrongful death case.

The decedent was driving a fully loaded coal truck and descending a steep haulage road when he lost his brakes.  As he continued to descend the haul road, the plaintiff's decedent radioed over the CB that he had “lost his air” and “lost everything.”  After he lost his brakes, the truck gained speed and reached speeds estimated at 25-30 miles per hour. In an effort to bring the truck to a stop and prevent harm to other drivers on the road, the driver attempted to “ditch” the coal truck by driving into a hillside.  However, as he attempted this maneuver, the truck hit the downhill end of the ditch line’s drainage sump causing the truck to roll over on its side. As a result of the impact, the driver was ejected from the truck, and the truck and cab rolled over onto him, subsequently pinning him to the ground and crushing him. The driver died as a result of the fatal injuries he received in the crash.

In West Virginia, and in most states, employers typically have immunity from lawsuits for work-related injuries. In West Virginia, employers are stripped of this immunity and can be sued for work-related injuries and deaths if the plaintiff is able to prove that the employer acted with "deliberate intention." Establishing that the employer acted with "deliberate intent" does not require a showing that the employer intentionally caused the specific injury or death.  Rather, "deliberate intention" can essentially be proven by establishing that the employer knowingly violated a federal or state safety regulation or law, such as regulations promulgated under the Occupational Safety and Health Administration (OSHA) or Mine Safety and Health Administration (MSHA), or some other written industry standard which caused the worker's injuries or death.

In this particular case, the plaintiff alleged that the coal miner’s employer was responsible for unsafe working conditions that equated to violations of MSHA regulations, FMCSA (Federal Motor Carrier Safety Administration) regulations, West Virginia mining regulations and laws, and general safety standards within the coal mining industry. When the decedent’s accident occurred, the braking system on both the truck and its trailer had a number of defects, which resulted in the trailer lacking effective braking capabilities. This led to the tractor-trailer having only approximately 44% of the braking force that it would have had if the vehicle had been correctly maintained.  Furthermore, it was found that the coal trucking company’s mechanics were manually adjusting the truck’s automatic slack adjusters, despite the fact that the manufacturer had recommended and warned against this. The plaintiff claimed that the defendants had a duty to identify these hazardous conditions and take corrective action and that they  breached that duty.

In this case, the person who filed the lawsuit on behalf of the deceased miner sought compensation for all damages that are recoverable under the wrongful death statute in the state of West Virginia. She also sought compensation for the pain and suffering her loved one experienced prior to his death.

The Fitzsimmons Law Firm PLLC has valuable experience representing coal miners and individuals in other occupations injured on the job. When these accidents are fatal, we provide legal advocacy for the deceased victim’s families. The law firm, which has more than 35 years of experience, helps victims seek maximum compensation for their losses in all types of personal injury cases. Learn more about the Fitzsimmons Law Firm PLLC at http://www.fitzsimmonsfirm.com.