Worker Run Over by Suspected Drunk Driver Near Airport

Early this morning a suspected drunk driver struck and badly injured a construction worker along a southland roadway.  According to KTLA news, the incident happened in the Sepulveda Boulevard tunnel near LAX at about 5:00 a.m.  The victim, a contract worker for Caltrans, was hit by a white pickup truck and suffered multiple injuries, including broken broken bones.  The injured worker had to be rushed to the hospital for emergency medical treatment.  The driver of the truck, identified as 30-year-old Devin Scott Enderle, was arrested at the scene and is being held on $100,000.00 bail.  

Legal Issues Arising from the Accident

Aside from the criminal case brought against the truck driver, an accident like the one above also raises a number of potential civil claims.  For example, since it appears the victim was working at the time of the incident, he will likely need to bring a worker's compensation claim in order to b compensated for his lost time from work and any disability resulting from the accident.  Under the California workers' compensation system, typically the only issues in a case like this are whether the accident happened in the course and scope of the victim's employment and then determining the permanent disability (if any) the worker suffered as a result of the incident.  Under the workers' compensation system, an injured employee is not entitled to compensation for pain and suffering arising from a work-related accident.  Compensation for those damages must be obtained through a civil lawsuit brought against the responsible party.  In this context, that lawsuit is generally described as a "thrid party" claim.

In a third party claim, both the injured employee and their employer's workers' compensation insurance carrier are entitled to seek compensation and reimbursement from the negligent party.  In general, the employee will seek damages for pain and suffering while the insurance carrier will seek reimbursement for disability and medical payments paid to the injured employee.  For example, if the carrier paid benefits of $50,000.00 as a result of the incident then they would be entitled to that amount (less certain deductions set by statute), and the employee would be compensated for their pain and suffering.  While resolution of these cases can be quite complicated (depending on such things as policy limits, employer neglect, etc.), they are generally well worth pursuing for the injured employee who would otherwise be left with no compensation for the pain and suffering they endured.  Lost wages and medical expenses are very important, but they are only two of the components that make up any personal injury case.

If you or a loved one has been injured in an accident, representation by an experienced Orange County personal injury attorney can help with obtaining all of the compensation to which the victim is entitled.

SOURCE:  Suspected Drunk Driver in Custody After Worker Struck Near LAX, KTLA News, Local News, November 7, 2013, by Ann Pride