Cement Truck Accident Lawyer
Accidents are bound to happen for several reasons, yet cement truck accidents are preventable. They usually occur due to an oversight of the truck company, negligence of the construction company, or the driver's carelessness.
Large truck accidents result in more than 4,000 deaths, 68% of vehicle passengers' injuries, and 14% of pedestrian and cyclist fatalities yearly. In addition, cement trucks cause 357 deaths annually. Being involved in a cement truck accident often leads to catastrophic injuries.
Were you harmed in an accident that was not your fault? The Chicago, Illinois, personal injury attorneys at Rosenfeld Injury Lawyers, LLC provide immediate legal advice and representation to our clients involved in truck accidents.
Contact our cement worker accident lawyers at (888) 424-5757 (toll-free phone number) and speak to one of our concrete accident lawyers today to discuss your financial compensation case.
Serious Concrete Truck Crashes
A fully loaded commercial cement truck has a weight limit of up to fifty tons, with wet cement in a rotating bucket spinning 8 to 10 feet above the surface. The bucket can affect the truck's high center of gravity, which could be a rollover risk, especially when the trucker makes a sharp turn or slows down too quickly.
Lack of experience or a driver's ability to travel during hazardous conditions could result in a tragic concrete truck accident, leaving the cement truck driver or other road users seriously injured or dead. In addition, even a minor crash can cause the cement/concrete mixture to veer off the road surface, causing an instant hazard for passenger vehicles.
As per the US Department of Transportation FARS (Fatality Analysis Reporting System) analysis, over 4,100 individuals died in large commercial vehicle accidents in 2017. In addition, almost one out of all passenger vehicle occupants died in multiple vehicle crashes colliding with commercial vehicles and tractor-trailers.
Accidents Involving Cement Trucks
A cement truck driver traveling in a fully loaded cement truck could cause the most severe vehicle accident on the highways, city streets, and roads. However, unlike crashes involving passenger vehicles, if a small car or SUV collides with a concrete mixer truck, it absorbs nearly all the impact.
Many survivors of concrete truck accidents suffer severe injuries or wrongful death from various crash factors that could include:
- Truck weight: A fully loaded cement truck could weigh up to 80,000 pounds or more, making it challenging to maneuver or stop quickly. In addition, once the lumbering vehicles cannot control them, they often plow through traffic, decimating other vehicles, barriers, or barricades.
- Truck height: Concrete hauling trucks are manufactured higher off the ground than standard commercial vehicles. Consequently, this increases the risk of rollover accidents, mostly when the concrete mixing bed is spinning.
- Decreased visibility: Concrete trucks have numerous blind spots, like most commercial vehicles, making it difficult to see any car or SUV directly behind them. The blind spots and other visibility issues increase the backup collision potential, pedestrian accident, or lane-changing concrete mixer truck/car accident.
- Merging challenges: Some concrete mixer trucks are involved in crashes when motorists fail to give way when commercial vehicles exit a roadway construction site. In addition, some motorists fail to observe or notice the "Trucks Entering or Exiting Highway" signs.
- Driving caravans: Cement trucks traveling together on freeways can form a caravan while moving in a single-file line that occupies most of the roadway. Any issue cement truck drivers have along the highway could cause an instant pileup involving other vehicles sharing the road.
- Tight schedules: Most concrete mixing trucks have pre-mixed wet concrete and mortar products. Therefore, the contents need prompt delivery to prevent the mixture from hardening through a chemical reaction.
Reasons Cement Truck Accidents Happen
Any cement truck accident could be severe or fatal to the drivers of vehicles involved in the collision. The truck is a moving wrecking ball, and negligent drivers can cause havoc at the slightest moment due to their poor decisions.
- Incompetent truckers: The cement truck driver's qualifications and experience are vital in handling a heavy unstable vehicle. Because of that, concrete truck drivers must be familiar with road safety.
Cement trucks have blind spots and pose many threats to a concrete truck driver who wants to maneuver. The continual movement of the vehicle's drum makes a cement truck naturally unstable and prone to rollover during a sudden swerve or when suddenly applying the brakes.
- Absent-minded driving: The Federal Motor Carrier Safety Administration determined that 71% of all cement truck crashes involve truckers distracted by other motorists, bicyclists, and motorcyclists. Staying alert is paramount.
- Narrow roads: Cement truckers must often travel down narrow roads, mainly in construction areas. The tight spaces could lead to a mishap or, worse, a rollover that can occur in a split second.
- Shifting loads: When a large truck is incorrectly loaded, the moving load can pull the truck off-balance during a sudden turn or while attempting to avoid a collision with other vehicles.
- Speeding: Cement truck drivers are under pressure to work faster and often exceed the recommended speed limit. In addition, most drivers are paid per load. Consequently, there is a temptation to drive a heavily loaded truck weighing more than the set weight limit over the speed limit.
- Overtime shifts: The shortage of truckers pressures concrete truck drivers into working long hours without a break. An overworked and stressed driver is likely to fall asleep or lose concentration while driving, resulting in an accident.
- Poor maintenance: Concrete trucks are subjected to prolonged usage, making substantial daily deliveries to construction sites. Trucking companies are sometimes reluctant to stop a truck to perform the necessary maintenance and repair services on the dump trucks, especially when they have a deadline for a project.
Bases Of a Trucking Accident Claim
When a cement truck and a car collide, the injuries are often severe. Impact usually injures the car driver on their head or chest.
At the same time, passengers can suffer fatal injuries from flying debris. Serious accident injuries that may result from this type of collision include:
- Severe Brain Injury
- Nerve and Spinal Injury
- Neck and Back Injury
- Burn Injury
- Broken ribs
- Lung Damage
- Broken Bones
- Cuts and Bruises
Who Is Responsible?
Compensations come from those responsible for damage or the wrongful death of a loved one involved in a concrete truck crash. Determining who bears the liability for a cement truck collision can be very difficult, where multiple parties (other drivers) could be responsible.
- The cement truck driver: These drivers should be knowledgeable and licensed to drive a concrete truck. They will be liable for accident damages if they violate safety guidelines by being distracted, disregarding traffic laws, or other offenses.
- The concrete truck company: Employers who own cement trucks as a business are obligated to hire competent and trained drivers. Furthermore, they are also responsible for maintenance on the large trucks to ensure they are in safe operating condition.
Automatic liability falls on the property owner or general contractor if any injuries arise from one of its unqualified commercial truckers or a defective truck.
- Truck manufacturer: A poorly designed or defective concrete mixer truck can cause an accident. The manufacturer may be held accountable through a product liability lawsuit if a proper investigation determines the truck was defective and contributed to the accident.
- Mechanic: The mechanics who carry out repairs and servicing on the cement truck can be liable if they do not execute their job correctly.
Steps To Take After Cement Truck Accidents
The value of verdicts and settlements from cement truck accidents tends to be relatively high. As a result, the concrete company and its insurance company go to almost any lengths to avoid taking responsibility for compensation.
Trucking Insurance Company Involvement
No matter who is at fault, both parties should notify the insurance company and report what happened. In addition, the vehicle passenger will receive PIP, Med-Pay, and other benefits that could help cover medical expenses and other bills.
Construction companies in cement truck accidents typically carry extensive insurance liability to cover property damage, serious injuries, and fatalities. The other party's insurance company will often quickly settle the case, hoping the other drivers or injured passengers accept lesser compensation than the claim's actual value.
Therefore, when involved in a truck accident, it is crucial to engage an experienced attorney for assistance with personal injury cases.
When the Driver Is at Fault
Commercial drivers operating cement trucks must adhere to every traffic law and operate their vehicles safely. The National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) regulate commercial trucking with inspection guidelines.
Working on your behalf, your truck accident attorneys might prove in court that the trucker failed to follow established roadway rules and traffic laws that led to your collision. Their negligence could be corroborated by the police officers on the scene and might include the following:
- Not wearing a seatbelt: Approximately 18% of all truckers do not wear a safety belt when driving.
- Using alcohol or drugs: Many commercial cement truck accidents involve alcohol or drug impairment.
- Not avoiding distractions: Many trucking accidents result from distracted driving while truck drivers use a cell phone, text, read email, drink, eat, or study a navigational map.
- Failing to maintain a proper stopping distance: A fully loaded concrete mixing truck can weigh up to 80,000 pounds or more, creating a significant safety hazard when needed to stop promptly, especially in poor weather.
- Failing to slow down at corners and turns: Managing a heavily loaded concrete mixing truck and maneuvering the big truck when exiting the site, changing lanes, or traveling on a tight angle could cause a rollover.
- Not inspecting the vehicle: All truckers must do an inspection and check their truck before steering onto the road. The truck driver should inspect the tires, brake lines, and other components that might lead to an accident or breakdown.
Contact our law firm if you suffered a personal injury in an accident involving cement mixer trucks. Let our experienced law firm ensure you receive maximum compensation. In addition, our law offices offer a free consultation to discuss the merits of your truck collision case.
When The Truck Company Is at Fault
While the concrete truck crash might result from a rollover, driver's negligence, inclement weather, or hazardous roads, there are times the trucking company is at fault. The concrete truck driver's employer must maintain the vehicle and provide adequate training to ensure safety.
Any failure to maintain the vehicle could cause a driver to lose control and cause an accident.
Using experienced lawyers in personal injury claims, plaintiffs can also sue parties other than the trucker and trucking company, including:
- Truck manufacturers
- Maintenance crews
- Government agencies responsible for road repairs and traffic control
Filing A Cement Mixer Accident Claim
Hiring a law firm to file a compensation case can ensure that all liable parties are held legally accountable for an accident caused by negligent driving.
In the legal process, the plaintiff's truck accident attorneys will:
- Gather photographic evidence and surveillance video from the accident scene
- Obtain all the drivers' driving records and the police report
- Obtain all medical bills and cost of lost wages
- Speak to the other driver's insurance company
- Ensure that their client receives the best medical treatment
Hire A Cement Truck Accident Lawyer
Are you the victim of a concrete mixer accident? Our award-winning cement truck accident lawyers at Rosenfeld Injury Lawyers, LLC, can help you seek compensation and deliver justice through a personal injury claim.
Call us today at (888) 424-5757, fill in a contact form, or provide an email address to schedule a free consultation and case evaluation.
Each cement truck accident attorney on our legal team accepts cases on a contingency fee basis. This arrangement ensures we receive our payment only after successfully resolving your cement truck accident claim.
All information you share with our legal team remains confidential and is protected by the attorney-client relationship with our personal injury attorneys at our law firm.