Injured By A Dump Truck? You Have Rights
Due to a dump truck’s tendency to roll over, its size and high center of gravity, accidents involving these trucks can be extremely catastrophic and, in some cases, even fatal. The fact that dump trucks are carrying gravel, sand, dirt and logs makes them even more dangerous to collide with. That is why multimillion-dollar personal injury settlements and wrongful death lawsuits after dump truck accidents are quite common in California.
However, you need an experienced personal injury attorney to get maximum compensation for your injuries. Dump trucking companies are usually represented by some of the best defense lawyers who routinely devalue and deny claims from injured motorists, passengers, bicyclists, motorcyclists and pedestrians.
Why Do Dump Truck Accidents Occur?
Drivers of dump trucks are located high above the ground, which makes it harder for the trucker to see other motor vehicles, pedestrians, bicycles and motorcycles. More often than not, the dump truck driver’s negligence and human error are to blame for causing the crash. In most such crashes, the driver and occupants of passenger vehicles end up with serious or fatal injuries, while the truck driver is left unharmed.
California state law and federal law provide a wide range of regulations to make the operation of dump trucks safer for all motorists on our roads. Unfortunately, not all dump truck drivers and trucking companies follow these regulations. Some of the causes of dump truck crashes in California include:
- Fatigued driving and overworking caused by violations of the Hours of Service (HoS) regulations
- Distracted driving (many truckers need to use their GPS device while in motion)
- Inadequate training and supervision (operating a dump truck requires special knowledge, training, and experience)
- Driving under the influence (unfortunately, the problem of drunk and drugged driving among truckers is not unheard of)
- Reckless driving
- Aggressive driving
- Overloaded dump trucks
- Improperly secured cargo or materials
- Dump truck malfunction or equipment failure caused by poor vehicle maintenance
- Inadequately designed roads, intersections and crosswalks
- Poor road conditions
- Adverse weather conditions
Determining Fault In A Dump Truck Accident
Many things come into play when determining fault in a collision involving a dump truck. For example, if a dump truck is overloaded (in other words, carrying more cargo than its maximum capacity limit), your lawyer will determine who loaded the truck, who inspected the truck prior to embarking on the trip, and whether the trucking company has an unwritten rule requiring truckers or a third-party loader to bypass the trucking regulations.
Identifying the cause of the crash is the first step toward determining the at-fault party. Once the responsible party or parties have been identified, your truck accident attorney will help you seek compensation for your damages and losses.
Potential Liable Parties In A Dump Truck Accident
Establishing liability for a dump truck crash is an essential element of the legal process to determine who will be responsible for paying your damages and losses.
In a fault state like California, all motorists and other parties involved in a crash must bring a claim with the at-fault driver’s insurance company. In a no-fault state, anyone involved in an accident is filing with their own insurer. The following parties could be held responsible for causing your dump truck accident:
- The driver of the dump truck
- The owner of the truck
- The trucking company
- The city government and affiliated entity
- Roadway maintenance crew
- The company responsible for loading the dump truck
- The company responsible for the inspection and maintenance of the truck
- The manufacturer of the dump truck
In many cases, there is not just one but multiple at-fault parties in dump truck crashes.
Don’t Wait; Call Today To Discuss Your Case
Speak to an experienced dump truck accident attorney from The Hayes Law Firm to determine liability in your case. Call our offices at 323-693-1052 to receive a free consultation.