Dump Truck Accident Lawyer
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 dump truck accident cases to settle out of court, we are always ready to fight on your behalf if a trial is required. Contact our truck accident lawyers at (888) 424-5757 (toll-free phone number) or use the contact form to schedule 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 dump 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 dump trucks to spread salt on roads during and after blizzards. In addition, some roadway maintenance crews use the weight and size of a fully-loaded cement truck for plowing snow.
Some dump trucks are used for hauling trash to a local landfill. Hazards cause common dump truck load accidents, 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 dump 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 dump 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 dump 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 business, truck manufacturer, or others. However, determining liability in dump truck collisions could be complicated, requiring a reputable personal injury attorney.
Construction Site Accidents involving Dump Trucks
Construction site accidents involving dump trucks are a common occurrence. In the United States, construction sites have an average of one injury per day, and many injuries involve dump truck crashes.
The most common construction site accidents are caused by falling objects or material on workers below, contact with moving equipment, falls from heights, and electric shocks.
There are several reasons why dump trucks have an increased risk of injuring workers on construction sites. First, dump truck accidents often occur because the driver doesn't have a clear line of sight to the dumping site.
The dump truck may have difficulty maneuvering around heavy machinery and other vehicles at the site and sometimes cause traffic jams, making it difficult for other vehicles to maneuver. These accidents are usually caused by drivers unfamiliar with the area and operating a dump truck for the first time or when inexperienced workers were assigned to operate a dump truck at the construction site.
Dump trucks also pose a risk to workers because of their proximity to other heavy equipment on site. In addition, heavy machinery such as bulldozers and loaders often causes the dump trucks to sway out of control.
Dump truck crashes are especially problematic during storms or high winds due to their effects on heavy machinery.
One type of dump truck accident that results from poorly planned work sites is when a dump truck loses control while backing up. The driver may not realize the dump truck is too close to another object, resulting in drivers backing over workers or other vehicles.
Working With an Insurance Claims Adjuster
Were you involved in any dump truck accident? If so, you will likely work with an insurance adjuster to resolve your claim for economic and non-economic damages.
Working for the other driver's insurance company, the claims adjuster typically acts quickly to determine responsibility for causing the collision. Usually, the accident investigation process is based on the police report that could be unreliable.
Likely, the reporting law enforcement officer did not witness what happened and made 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 accident.
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, or others that harmed victims.
Private and Publicly Owned Dump Trucks
The extent of the liability in their ability to seek financial compensation is based on various factors when a passenger car collides with a commercial vehicle.
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 Dump 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 vehicle. However, different rules apply, including the length of time (statute of limitations) and how/where the case must be filed.
Dump trucks owned by the government and municipalities cause many job site crashes involving heavy machinery, workers, and other vehicles. In addition, these dump trucks are not nearly as well maintained as privately-owned ones, resulting in a loss of visibility for drivers or mechanical malfunctions that lead to collisions with other vehicles on roads or highways.
It can be very difficult for a driver to control the truck when hauling materials with poorly maintained equipment.
In addition, dump trucks are known for being unstable on roads or highways due to their size and weight, which could cause serious harm to others sharing the highway. Dump trucks can't turn around easily and often make wide turns that endanger vehicles or pedestrians nearby.
Privately-Owned Garbage and Dump Trucks
If a private company owns the vehicle involved in the dump or garbage truck crash, you can file a civil lawsuit against the truck driver and their employer responsible for 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 crashes. In addition, data from the Department of Labor identified severe catastrophic events involving injury and death involving dump trucks and commercial vehicles in 2019 and 2020.
Some of these dump and garbage truck accidents include:
- March 8, 2020– A construction company employee operating a 30-ton dump truck hauling material 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 truck driver hauling gravel lost control of the dump truck as it slid off the road and rolled down the hill. The accident caused the victim's death after the hit led to 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 who suffered serious crushing injuries.
- January 15, 2021– A 36-year-old Portage County, Wisconsin woman died at a dump truck crash scene when the trucker crossed the highway's centerline striking the victim's passenger car. 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 dump truck driver was not injured.
Holding Responsible Parties Accountable for a Dump Truck Crash
The full force of a dump truck hauling gravel or other materials ramming a car at nearly any speed can create catastrophic results leaving the trucker and their employer legally responsible for their negligent actions.
Personal injury lawyers representing the injured victims riding in the passenger car can hold the trucker and others responsible for their failure to maintain a safe environment on the road. Call a reputable personal injury attorney today at (888) 424-5757 (toll-free phone number) for a free consultation to discuss your truck accident-related medical bills and other damages.
Hire a Dump Truck Accident Injury Lawyer
The damage experienced by a victim involved in a dump truck accident can be life-altering. The truck accident attorneys at Rosenfeld Injury Lawyers, LLC, fight for our clients to deliver justice to hold the trucker accountable for their failure to create a safe environment on the highway.
Our law firm has obtained millions of dollars for our clients through substantial settlements and jury trial verdicts. Call us today at (888) 424-5757 to schedule a free case evaluation. Please speak with our dump truck accident attorneys to discuss your claim's merits.
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 legal matter.
We create an attorney-client relationship to ensure all information you share with our legal team remains confidential.