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-   -   responsibility of trainer if student gets hurt? (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/26920-responsibility-trainer-if-student-gets-hurt.html)

dle 05-15-2007 02:57 AM

responsibility of trainer if student gets hurt?
 
I've done some searching through various sites trying to find the answer to this without much luck.

Are training drivers mandated by law to see that an injured student is given medical treatment? Especially if the student requests to be taken for medical treatment.

Uturn2001 05-15-2007 05:56 AM

There is nothing in the FMCSA that requires this. The only government agency that might cover something like this would be OSHA. Beyond that it would be more of an individual company policy.


Regardless of any regulation or policy, if someone needs medical attention and someone else prevents them from getting it they are opening themselves up to all sorts of civil liability.

lucky13 05-17-2007 06:27 AM

Its pretty sad when we have to check the rules before making sure someone who medical attention gets it,the rule would be common sense!! We live in a world were everybody sue crazy :!:

ssoutlaw 05-17-2007 02:39 PM


Originally Posted by Uturn2001
There is nothing in the FMCSA that requires this. The only government agency that might cover something like this would be OSHA. Beyond that it would be more of an individual company policy.


Regardless of any regulation or policy, if someone needs medical attention and someone else prevents them from getting it they are opening themselves up to all sorts of civil liability.



Read the work comp rules!

devildice 05-17-2007 02:45 PM


Originally Posted by lucky13
Its pretty sad when we have to check the rules before making sure someone who medical attention gets it,the rule would be common sense!! We live in a world were everybody sue crazy :!:

couldn't have said it better!!!

Uturn2001 05-17-2007 04:02 PM


Read the work comp rules!
Would you care to provide a link?

Worker's comp laws are handled at the state, not federal level.

Ridge Runner 05-18-2007 01:35 AM

While the trainer might ( and probally will ) be named in the suit, the one that the laywer is interested in is the one with the DEEP pockets ( insurance). THE COMPANY!

yoopr 05-18-2007 05:03 AM

I think there's laws on the Books for Rendering Aid and I think something like this would fit under what you're asking. I don't think there's anything in the Trucking Bible for it though.

Uturn2001 05-18-2007 05:28 AM


Originally Posted by yoopr
I think there's laws on the Books for Rendering Aid and I think something like this would fit under what you're asking. I don't think there's anything in the Trucking Bible for it though.

There are good samaritan laws in many states that says that a lay person who is rendering aid can not be held liable if they have done so to the best of their ability should that aid cause additional injury or harm.

There are also laws on the books that says if you are a liscenced medical proffesional that you must stop and render aid as a 1st responder in an emergency situation.


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