Dump Truck Accidents
The personal injury attorneys at Rosenfeld Injury Lawyers LLC represent litigants and commercial dump truck accidents. Our attorneys meticulously build our cases to ensure full financial compensation for our clients.
While we prepare our truck accident cases to settle out of court, we are always ready to fight on your behalf if a trial is required. Contact us today at (888) 424-5757 for a free consultation to discuss what happened to you or a loved one.
Dump Truck Spilled Load Accidents
Many road hazards are associated with spilled loads falling or ejecting from the back of a dump truck. The load material flying out of the truck bed at high velocity could cause severe injuries, head trauma, broken bones, or wrongful death even if the vehicle is not involved in a collision.
Municipalities and commercial construction companies use large commercial trucks to spread salt on roads during and after blizzards. Some roadway maintenance crews use the weight and size of a fully-loaded cement truck for plowing snow.
Some commercial vehicles are used for hauling trash to a local landfill. Common dump truck load accidents are caused by hazards, including:
- Flying Debris – Nearly all dump trucks are manufactured with an open top. Federal and state regulations require the dump truck operator to cover the load with fabric or other material to keep debris from flying out uncontrollably.
However, flying debris is often ejected from the load, hitting other drivers, and could cause serious physical injury or property damage that could lead to a severe truck accident.
- Tailgate Failures – A malfunctioning latch could cause the tailgate to spontaneously open, causing the load to dump unexpectedly. Tons of rocks or dirt in the road could cause a catastrophic problem for motorists behind the truck.
- Bottom Gate Failures – Many dump trucks are equipped with bottom gate latching mechanisms to dump the material through a hatched grate below. A malfunctioning latch could cause cataclysmic problems for other motorists.
- Side Gate Failures – Some trucks have gate openings that are latched on the side. A malfunctioning latch could cause the loaded material to dump into the next lane, causing a drifting, sliding, or skidding hazard.
Other common causes of dump truck accidents include unsecured loads, distracted driving, improper training, hazardous road conditions, inclement weather, unsafe equipment, and failing to follow roadway rules.
Other motorists involved in a dump truck accident caused by a malfunction have the right to file a lawsuit against the trucking company, truck manufacturer, or others. However, determining liability in dump truck collisions could be complicated, requiring a reputable personal injury accident attorney.
Working with an Insurance Claims Adjuster
Were you involved in any commercial dump truck accident? If so, you will likely work with an insurance adjuster to resolve your claim for economic and non-economic damages.
The claims adjuster, working for the other driver's insurance company, typically acts quickly to determine responsibility for causing the collision. Usually, the truck accident investigation process is based on the police report that could be unreliable.
Likely, the reporting law enforcement officer was not a witness to what happened and makes quick decisions based on eyewitness accounts and accident scene evidence.
The adjuster might determine who was at fault based on various factors, including:
- The type and weight of the material the dump truck was hauling when the accident occurred
- How long the trucker had been operating the truck that day/night
- The trucker's level of experience in handling the vehicle. Company drivers might not have been adequately trained
- Whether distraction of the trucker or other motorists caused the crash
- Any road hazards or inclement weather conditions at the time of the crash
- Any other dangerous factor that might have played a part in causing the accident
A truck accident attorney working on behalf of a plaintiff filing a case can investigate the collision to identify other evidence or factors that led to the crash.
The dump truck accident lawyer might find that the company's truck drivers were insufficiently supervised by their employer or failed to maintain their vehicle according to state and federal regulations.
An investigation might identify significant problems in the maintenance or manufacturing of the dump truck that led to the crash. Conducting a comprehensive investigation and deposing eyewitnesses can help build a solid case to ensure that the victims receive maximum compensation.
Trial lawyers will build a case after talking with all insurance companies covering the company's' truck drivers, dump trucks, commercial vehicles, or others that harmed victims.
Private and Publicly Owned Dump Trucks
Whenever a motorist is involved in a collision with a commercial vehicle, the extent of the liability in their ability to seek financial compensation is based on various factors.
While an injured individual can hold other parties at fault for their negligence, filing a civil lawsuit against a privately-owned truck company differs significantly from seeking compensation from an organization operated by a state/federal government or municipality.
Government and Municipality Owned Trucks
Injured parties have the right to file a civil lawsuit against the government agencies directly if they owned or operated a municipal/city/state/federal-owned government truck. However, different rules apply, including the length of time (statute of limitations) and how/where the case must be filed.
Privately-Owned Dump and Garbage Trucks
If a private company owns the vehicle involved in the dump or garbage truck crash, you can file a civil lawsuit against the driver and their employer for causing the accident.
Was the dump truck driver operating the vehicle as a part of their employment when the collision occurred? If so, the trucking company is likely vicariously responsible for your physical injuries and property damage, including pain and suffering, or a loved one's wrongful death.
However, if the trucker was not working or under their employer's supervision when the collision happened, you can likely only seek financial compensation from the driver.
Dump Truck Accidents Statistics
According to the US Department of Transportation, in 2017, there were 380 fatalities and 5,621 injuries involved in 8,288 dump truck accidents. Data from the Department of Labor identified severe accidents with injuries and death involving dump trucks and commercial vehicles in 2019 and 2020.
Some of these dump truck and garbage truck accidents include:
- March 8, 2020 – A commercial construction company employee operating a 30-ton dump truck hauling a full load was ejected from the cab and run over by the vehicle. The victim suffered physical trauma and massive blood loss, leading to his death.
- August 15, 2019 – A dump truck driver hauling a load of sand lost control of the vehicle, causing it to slide off the road and roll down the hill. The accident caused the victim's death after he suffered blunt force trauma to the head.
- June 27, 2019 – A construction restoration company owner lost his life at the job site after a trailer dumping debris leaked oil from the hydraulic lines, causing the trailer to fall and kill a man from crushing injuries.
- January 15, 2021 – A 36-year-old Portage County, Wisconsin woman died at the scene of an accident when a dump truck crossed the highway's centerline striking the victim's vehicle. The trucker who lost control did not suffer injuries in the collision.
- November 23, 2020 – The Arizona Department of Public Safety closed westbound I-10 at Ray Road after a dump truck rollover blocking traffic. While there were no injuries, investigators believe that another driver who left the scene was involved in the dump truck crash.
- December 14, 2020 – Three children died when a dump truck in Lancaster County collided with a horse and buggy along a Rural Rd. in Little Britton Township. The accident involved a tri-axle commercial vehicle that struck the horse and buggy on the passenger side, killing three passengers. Others were transported to the hospital. The truck driver was not injured.
Hire a Dump Truck Accident Injury Lawyer
The damage experienced by a victim involved in a dump truck accident can be life-altering. The commercial truck accident injury attorneys at Rosenfeld Injury Lawyers, LLC, fight for our clients to deliver justice.
Our law firm has obtained millions of dollars for our clients through substantial settlements and jury trial verdicts. Contact our truck accident attorneys today at (888) 424-5757 to schedule a free case evaluation to discuss the merits of your claim.
Your dump truck accident attorney will accept your accident case on a contingency fee basis. This agreement ensures that you pay us only after we have successfully resolved your case.
We create an attorney-client relationship to ensure all information you share with our legal team remains confidential.