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, can help.
Contact our cement truck accident lawyers at (888) 424-5757 (toll-free phone number) and speak with one of our concrete truck accident lawyers 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 or more, spinning eight to ten feet above the surface. The rotating bucket increases the truck's center of gravity, which could create a rollover risk, especially when the trucker makes a sharp turn or slows down too quickly.
A lack of experience or traveling during hazardous conditions could end in a tragic accident, leaving the person seriously injured or dead. Even a minor crash could cause the cement/concrete mixture to spill out onto the road surface, causing an instant hazard for other motorists.
According to the US Department of Transportation FARS (Fatality Analysis Reporting System), over 4,100 individuals died in 2017 in large commercial vehicle accidents. Almost one out of ten passenger vehicle occupants dying in multiple-vehicle crashes collided with commercial vehicles and tractor-trailers.
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 cement mixer truck driver walking toward his cement mixer truck was struck and killed by another cement truck backing up.
- May 15, 2019 – A concrete construction company employee working on a parking lot paving project was killed by 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 accidents on highways, city streets, and roads. Unlike crashes involving passenger vehicles, a small car or SUV colliding with a concrete mixing truck absorbs nearly all the damage.
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. Once the truck is in motion, it can plow through other vehicles, barriers, or barricades.
- Truck Height – Concrete trucks are manufactured higher off the ground than standard commercial vehicles that increase the risk of rollover accidents, mostly when the concrete mixing bed is spinning because of its elevated center of gravity.
- Decreased Visibility – Concrete trucks, like most commercial vehicles, have numerous blind spots, making it difficult to see any car or SUV directly behind the truck. The blind spots and other visibility issues increased the potential of a backup collision, pedestrian accident, or lane-changing cement truck/car accident.
- Merging Challenges – Some concrete mixer trucks are involved in crashes when motorists fail to yield when commercial vehicles are exiting a roadway construction site. Some motorist failed to observe or recognize a "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 road could cause instant pileup, involving other vehicles sharing the road.
Cement truck drivers are often under extreme pressure to maintain tight schedules. Most concrete mixing trucks are loaded with pre-mixed wet concrete and mortar products that must be delivered promptly to avoid the mixture becoming hardened inside the spinning drum through a chemical reaction.
When the Driver is at Fault
Commercial cement truck drivers must adhere to every traffic Law and operate their vehicle 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,
- Not 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 for curves and turns – Managing a heavily loaded concrete mixing truck and maneuvering the vehicle when taking an off-ramp, changing lanes, or traveling on the tight curve could cause a rollover,
- Not inspecting the vehicle – All truckers must inspect the vehicle before driving 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.
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 truck 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 hours the truck driver can work every week. The administration regulates the maximum weights 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.
You, or your accident lawyer, must determine who is to blame for causing the accident. If the cement truck driver was at fault, you must find out who employs the trucker and owns the concrete mixing truck.
Your truck accident 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 do not need to prove that the accident was someone else's fault to remain eligible for benefits.
Cement Truck Accident Case FAQs
Who is Liable for a Cement Truck Accident?
Determining who is at fault for causing a truck accident can be complicated. Several parties might be to blame, including the driver, cement truck company, mechanic, vehicle manufacturer, or other motorists.
Lawyers use the negligence theory to prove liability in a cement truck case, revealing how another's negligence harmed other parties that led 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.
Our law firm can help file your claim and guide you through the legal process.
Can I Claim Compensation for the Accident?
After your collision with a cement truck, you are likely entitled to recover damages for your injuries or the wrongful death of a loved one. The law identifies what you might be owed in two categories, including 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 have to 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. 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. The weight of cement mixer trucks and the length of time needed to stop or swerve from a hazard could place others at a heightened risk of serious injuries.
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 is initiated swiftly to ensure that all necessary paperwork is filed before the statute of limitations expires,
- All evidence is collected that supports the case,
- All defendants are identified,
- Investigators and professional experts obtain, review, and analyze all documentation of the truck accident victim’s 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 attorneys will gather photographic and surveillance video evidence from the accident scene, obtain all drivers' driving records, speak to the other driver's insurance company, and ensure that their client receives the best medical treatment during their healing process.
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, contact form, or 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 are paid 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.