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Complying with OSHA may not be enough to keep people safe

Poor decisions are frequently at the heart of accidents involving trucks, whether it's a tractor-trailer or a service truck for a cable company that are involved.

Rules set down by the Occupational Safety and Health Administration try to anticipate as many scenarios as possible in advance and give truck drivers requirements that they need to follow for maximum safety. Sometimes, however, there are situations that OSHA can't predict. If a driver complies with OSHA's rules but remains indifferent to an obvious hazard that he or she is creating, does that get the driver (and the company he or she works for) off the hook for any accidents and injuries that result?

That's the question that several people in Indiana are probably going to have to ask sometime in the near future after their run-in with some bad weather and a Comcast service truck that was parked at the bottom of a blind ridge

The incident, which was caught on video, has captured national attention -- largely as a result of the Comcast employee's curt disregard for the plight of the drivers who were wrecking all around him. At least four cars are seen sliding off the road. Two more collided while trying to avoid hitting the service truck that was blocking most of the right lane. When the man recording the video asked the Comcast worker about putting up more cones, the response was apathetic at best. The driver stated that OSHA's rules only required five cones -- which were already there -- based on the posted speed limit.

Eventually, other motorists, desperate to stop more accidents from taking place, put out more warning cones themselves.

Following the letter of the law is still negligence if a driver ignores the intent of the law -- especially when there's ample evidence that a safety hazard exists. If you've been in an accident that was caused by a parked truck that didn't put out adequate warning based on the geographical layout of road and the weather conditions at the time, you should contact an attorney to discuss the possibility of a claim. It doesn't matter if you collided with the truck, another car or went off the road while swerving to avoid hitting the truck. Don't assume that you don't have a case until you've spoken with an attorney.

We represent truck accident victims and there's no cost or obligation to discuss your case. To learn more, visit our webpages on truck accidents.

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Brian Jensen

Representation in the Houston Area with 3 Convenient Locations:

Bellaire Office
Frost Bank Building, 6750 West Loop South, Suite 800
Bellaire, TX 77401

Toll Free: 877-297-7414
Phone: 832-460-3366
Fax: 713-665-6818
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Houston Office
By Appointment Only
440 Louisiana Street
Suite 2080
Houston, TX 77002

Toll Free: 877-297-7414
Phone: 832-460-3366
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Houston Office
By Appointment Only
14439 Twisted Oak Lane
Houston, TX 77079

Toll Free: 877-297-7414
Phone: 832-460-3366
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