Automobile Transport Trailer Safety Negligence Leads to Severe Injury

This case study explores a negligence incident where an individual was injured during the delivery of their vehicle due to the trailer driver's failure to uphold standard safety protocols.

ByZach Barreto

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Published on February 6, 2024

Car transport trailer driving on highway

Case Overview

This case summary delves into an incident involving an adult who sustained injuries during the delivery of their vehicle, transported via an automobile transport trailer. The event occurred on a day in March when the plaintiff's vehicle was not immediately accessible due to its positioning among other cars on the trailer.

The trailer driver faced difficulties starting and moving one of the vehicles, leading them to invite the plaintiff onto the trailer for assistance. Tragically, while on the trailer, one of the cars rolled into the plaintiff, pinning them between two vehicles. Allegations have been made that the trailer driver failed to uphold the care standard required for safe vehicle delivery.

Questions to the Occupational Health and Safety expert and their responses

Q1

Could you provide some insight into your professional background in automobile transport trailers?

I am a Certified Safety & Health Official with a master's degree in Occupational Safety & Health. My active role as an award-winning Safety Director further enhances my expertise in this field.

Q2

What constitutes the standard of care for safe vehicle delivery on automobile transport trailers?

The standard of care mandates that only individuals with appropriate training are allowed near or on equipment such as automobile transport trailers. This includes maintaining a safe distance from civilians during potentially hazardous processes like loading and unloading.

Q3

Have you reviewed similar cases before? If so, please elaborate.

Yes, I recently reviewed a strikingly similar case where an untrained civilian was invited onto a trailer, resulting in injury.

It is clear that without sufficient training, being near or on such equipment can lead to foreseeable accidents. In my professional assessment, inviting an untrained individual onto a potentially dangerous area like an automobile transport trailer represents a clear breach of standard care. The driver failed to protect those exposed to unloading hazards, leading to preventable injury.

About the expert

This expert boasts over two decades of experience in environmental health, occupational health, and safety, with a focus on workplace injuries and fatalities across various industries including construction, oil, gas, and retail. They hold a BA in Healthcare Administration, an MS in Occupational Safety and Health, and an MBA. Currently serving as adjunct faculty of occupational safety and health at a major university, the director of environmental health and safety at a well-servicing company, and the owner of an EMS education service, this expert is also a licensed paramedic and certified EMS instructor, safety health and environmental professional, and OSHA outreach instructor.

Expert headshot

E-021123

About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, defective products, and many other sectors. His skills are particularly evident in handling complex litigation matters, including high-profile cases like the Opioids litigation, NFL Concussion Litigation, California Wildfires, 3M earplugs, Elmiron, Transvaginal Mesh, NFL Concussion Litigation, Roundup, Camp Lejeune, Hernia Mesh, IVC filters, Paraquat, Paragard, Talcum Powder, Zantac, and many others.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ.

Educationally, Zach holds a Bachelor's degree in Political Science and European History from Vanderbilt University.

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