Cement Truck Accident Lawyer
Being involved in a cement truck accident often leads to catastrophic injuries. Were you harmed in an accident that was not your fault? The 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 with one of our concrete accident lawyers today to discuss your financial compensation case.
According to the 2017 statistics by the U.S. Bureau of Transportation, these trucks operate on streets, roads, and highways. In comparison to other automobiles, trucks that convey wet concrete are weighty. Therefore, they are naturally unsteady and vulnerable to catastrophic crashes.
Unfortunately, large truck accidents result in more than 4,000 deaths, 68 percent of vehicle passengers' injuries, and 14 percent of pedestrians and cyclists' fatalities every year. In addition, cement trucks cause 357 deaths annually.
Accidents are bound to happen for different reasons. Nevertheless, cement truck accidents are preventable. They usually occur due to an oversight of the trucking company, negligence of the construction company, or driver's carelessness.
Serious Concrete Truck Crashes
A fully loaded commercial cement truck has a weight limit of up to fifty tons or more, spinning 8 to 10 feet above the surface. The rotating bucket can affect the truck's 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 traveling during hazardous conditions could result in a tragic accident, leaving the person 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 U.S. 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.
Over two-thirds of fatalities reported that year involved passenger vehicles colliding with trucks. Nearly fourteen percent of all deaths involved motorcyclists, pedestrians, and bicyclists.
Three horrific cement truck fatalities include:
- February 19, 2019– A construction site watchman was crushed and killed by a concrete truck backing up when the worker was down in the utility hole.
- February 21, 2018– A concrete truck driver walking toward his vehicle was struck and killed by another cement mixer backing up.
- May 15, 2019– A concrete construction company employee working on a parking lot paving project died of multiple blunt force injuries from a pump truck tipping over.
Cement Truck Accident
A fully loaded traveling 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 mixing truck, it absorbs nearly all the impact.
Many truck crash survivors 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 truck begins to move, it can plow through other vehicles, barriers, or barricades.
- Truck Height– Concrete trucks are manufactured higher off the ground than standard commercial vehicles. Consequently, that increases the risk of rollover accidents, mostly when the concrete mixing bed is spinning.
- Decreased Visibility– Like most commercial vehicles, Concrete trucks have numerous blind spots, 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 a lane-changing cement 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 lane that occupies most of the roadway. Any issue along the highway could cause an instant pileup involving other vehicles sharing the road.
Cement truck drivers are often under extreme pressure to maintain tight schedules.
Most concrete mixing trucks come with pre-mixed wet concrete and mortar products. Therefore, to avoid the mixture from hardening through a chemical reaction, the contents need prompt delivery
Reasons Cement Truck Accidents Happens
Any form of cement truck accident will most likely be severe or fatal. The truck is a moving wrecking ball and can cause havoc at the slightest moment of a driver's poor decisions.
The cement truck drivers' qualifications and experience are vital in handling a heavy unstable vehicle. Because of that, concrete truck drivers must be agile and 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 when a sudden swerve happens or when the driver applies the brakes suddenly.
The Federal Motor Carrier Safety Administration determined that 71% of all cement truck crashes involve truckers distracted by other motorists, bicyclists, and motorcyclists.
Cement truck drivers must often travel down narrow roads, mainly in construction areas. The tight spaces could lead to a mishap or, worse, a rollover that could occur in a split second.
In a bid to avoid a collision with a car driver, an improperly loaded truck may lose balance, causing the cement truck to turn over, resulting in damage, injury, or death.
Botched Construction Zone
Dangers that construction workers face:
- Lack of hands-on experience
- Limited supervision
- Inadequate navigation techniques
- Falling objects at the construction site
- Electrical accidents
Therefore, the general contractor or owner of the cement trucks can face a lawsuit for damages due to mismanagement.
Concrete truckers only have a short time to deliver the load before the cement inside the truck begins to harden. If the chemical reaction occurs too quickly in the cement drum, the hardened concrete must be removed using chisels or hammers.
Cement truck drivers are under pressure to work faster than the recommended speed limit. In addition, most truck drivers are paid per load. Consequently, there is a temptation to drive a heavily loaded truck weighing more than the set weight limit.
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.
Concrete trucks are subjected to prolonged usage, making tons of deliveries to construction sites every day. The truck companies are sometimes reluctant to stop a truck to perform the necessary maintenance and repair services, 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 sustained 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. 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 could be responsible.
- The Cement Truck Driver: These drivers are equipped with the knowledge and licensed to drive a concrete truck. Suppose they violate safety guidelines by being distracted, disregarding traffic laws, or other offenses. In that case, they will be liable for accident damages.
- The Trucking Company: Employers who own cement trucks as a business are obligated to hire competent and trained drivers. Furthermore, they are also responsible for vehicle maintenance to ensure it is 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.
- The 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.
- A Mechanic:The mechanics who carried out repairs and servicing on the cement truck can be susceptible 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.
Medical Treatment and Documentation
Call the police to document the scene. Obtain a written report that can prevent the company or its insurer from shifting blame for the crash to you. If possible, get photos and video of the accident and the truck driver's name, the company's name, vehicle license plates, and contact information of any witnesses.
A doctor's consultation in the emergency room is necessary even if there are no apparent injuries. The medical personnel in attendance should record all injuries until recovery. Keep tabs on the receipts, medications, therapy, and bills relating to the accident.
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 involved 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. In addition, a truck/car accident can be catastrophic due to the vast weight of the commercial vehicle.
Typically, insurance companies are quick to settle the case. They hope that the other driver or injured passengers will accept a compensation amount far less than the claim's actual value. That's why it's crucial to engage a truck accident attorney to guide you in your case.
For further legal assistance, contact us for a phone consultation.
Hire an Experienced Truck Accident Attorney
Before filing a lawsuit, contact us for a phone consultation with our successful truck accident lawyer, who understands the tactics of personal injury law and the construction industry.
The insurance company might be defensive to avoid paying maximum compensation for all injuries and losses. Engaging our experienced lawyers at this juncture is critical. They can easily obtain a handful of evidence required to ascertain the case is favorable to the victim.
The attorney will launch an investigation, going over every logical detail to verify the cement truck injury accident. The police report will be examined for errors, and witnesses will be interviewed. In addition, traffic surveillance cameras will be retrieved and analyzed.
Furthermore, the truck accident lawyer will look into the driver's background, cement trucking company, and insurance policy to determine any information of interest.
Once the investigation is complete, your attorneys will use this evidence to prepare a substantial truck accident claim for compensation or present it in a public court.
Elements That Affect the Value of a Cement Truck Accident Injury Claim
When valuing an injury settlement, the parties involved in the accident will dwell on the overall case's strengths and weaknesses:
- Soft Tissue Injury: Injuries like sprains, muscle strains, ligament pulls, and bruises may not turn out to be very severe, and sometimes it may not require serious medical treatment. Individuals who are not doctors, such as chiropractors or assistant therapists, can administer treatments that may not cost much. The recovery period may also be brief due to the lack of permanent injuries and invisible scars, which might require additional assistance from medical professionals.
- The Credibility of Events: A witness's credibility could help support the claim about who caused the accident to help rectify any conflicting stories that could cause a legal dilemma.
- Shared Negligence: Sharing liability for any part of the accident can also affect the claim. Aside from the truck driver's negligence, the vehicle driver could also be at fault and share in the penalty.
- Pre-existing Conditions: Any medical history uncovering pre-existing conditions triggered by the crash could alleviate a portion of the defendant's liability.
- Conscious Rebellion: Consciously jeopardizing one's wellbeing by being carefree and not adhering to the doctor's advice and treatment plans could result in a loss in receiving the maximum compensation available.
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.
Your truck accident attorneys, working on your behalf, might prove in court that the trucker failed to follow established roadway rules that led to your collision. Their negligence might include:
- 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 are the result of distracted driving while truck drivers are using a cell phone, texting, reading email, drinking, eating, or studying 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
- Failing to slow down at corners and turns– Managing a heavily loaded concrete mixing truck and maneuvering the vehicle when exiting the site, changing lanes, or traveling on a tight angle could cause a rollover
- Not inspecting the vehicle – All truckers must check the vehicle before steering the truck onto the road. The truck driver should inspect the tires, brake lines, and other components that might lead to an accident or breakdown
Contact your 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 your truck collision case's merits.
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 adequately maintain the vehicle could cause a driver to lose control and cause an accident.
The Federal Motor Carrier Safety Administration sets trucking industry guidelines restricting the truck driver's hours every week. In addition, the administration regulates the maximum weight any concrete truck can carry.
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
I Was Hurt in a Cement Truck Accident – What Now?
Were you involved in a truck crash? What you do next could determine the outcome of your case.
Likely, your injuries are severe, and vehicle damage is extensive. Let our law firm come to your rescue and pursue commensurate compensation for you.
You, or your law firm, must determine who is to blame for causing the accident. For example, if the truck driver was at fault, you must find out who employs the trucker and owns the concrete mixing truck.
Your truck accidents attorney can explain the extent of your legal rights for filing a civil lawsuit and value your case's merits for recovering compensation.
If you were driving the truck at the time of the accident, you might receive workers' compensation benefits. You don't need to prove that the accident was someone else's fault to remain eligible for the benefits.
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. Typically, these cases involve an accident caused by the negligence of others. An attorney working on behalf of their client can ensure that:
- The case starts swiftly to ensure that all necessary paperwork is ready before the statute of limitations expires
- All evidence is available to support the case
- All defendants are identified
- Investigators and professional experts obtain, review, and analyze all documentation of the truck accident victims' injuries to calculate damages
- The victim is represented in court when necessary
- The victim's rights are protected
- Their client's questions are answered
Typically, the plaintiff's truck accident attorneys will:
- Gather photographic evidence and surveillance video from the accident scene
- Obtain all drivers' driving records
- Speak to the other driver's insurance company
- Ensure that their client receives the best medical treatment during the healing process.
Cement Truck Accident Case FAQs
Our law firm understands that many families have unanswered questions about holding a concrete truck company accountable for damages. A cement truck accident lawyer has answered some of those questions below.
Call us today at (888) 424-5757 (toll-free phone number) for additional information on cement truck accidents, personal injury, and receiving financial compensation for your injuries, damages, pain, and suffering.
Who Is Liable for a Cement Truck Accident?
Determining who is at fault for causing a truck accident can be complicated. Several parties might blame, including the driver, cement truck company, mechanic, vehicle manufacturer, or other motorists.
Cement truck accident lawyers use the theory of negligence to prove liability in a cement truck case. They demonstrate how another's negligence harmed other parties, leading to physical or property damage.
Do I Need a Lawyer for a Cement Truck Accident?
A personal injury attorney fighting for your rights could successfully resolve your accident case. The lawyer will deal directly with all other parties and their insurance carriers to ensure you receive maximum compensation for your damages.
A reputable personal injury law firm can help file your claim and guide you through the legal process. Typically, catastrophic truck accidents include unsafe merging, reckless driving, speeding, distractions, and drunk driving.
Can I Claim Compensation for the Accident?
After a cement truck accident, you are likely to recover damages for your injuries or the wrongful death of a loved one. The law indicates your compensation can comprise economic and non-economic damages:
- Economic damages include:
- Hospitalization costs for severe injuries, broken bones, head trauma
- Medical bills
- Rehabilitation expenses
- At-home medical care
- Future and past lost wages
- Non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
How Long Does It Take to Settle a Cement Truck Accident?
There is no time limit on how long it takes to negotiate a truck crash claim settlement. However, the statute of limitations restricts the length of time you must file a claim for compensation that could be as little as two years.
Nearly all personal injury cases are settled out of court at a pace depending on the severity and complexity of the accident, injuries, or other circumstances. Therefore, filing a claim quickly could ensure you receive maximum compensation.
Who Is at Risk for Injuries in a Cement Truck Accident?
Other motorists, bicyclists, passengers, and pedestrians are at risk of suffering severe injuries and wrongful death in a truck crash. In addition, the weight of cement mixer trucks and the length of time needed to stop or swerve from hazards could place others at a heightened risk of serious injuries.
Hire a Cement Truck Accident Lawyer
Are you the victim of a concrete mixer accident? The award-winning commercial truck injury attorneys at Rosenfeld Injury Lawyers, LLC can help deliver justice. Call us today at (888) 424-5757, fill in a contact form, or provide an email address to schedule a free case evaluation.
Our cement truck crash lawyers accept every case on a contingency fee basis. This arrangement ensures we get our dues only after we have successfully resolved your claim.
Our law firm creates an attorney-client relationship to ensure all information you share with our legal team remains confidential.