Dump Truck Accidents
Dump trucks are a type of heavy equipment that may be utilized in waste management, mining, construction, and other jobs that involve carrying loose materials from one point to another. The loose materials may be trash, soil, sand, or gravel. Dump trucks can weigh up to 80,000 pounds when they are fully loaded. That means that accidents may be devastating to people in cars or other smaller vehicles. Not all personal injury attorneys have the skill and knowledge to aggressively pursue damages following a truck accident. If you were injured in a dump truck accident in Alabama, you can consult Decatur truck accident attorney Greg Reeves at the Reeves Law Firm.
Claims Based on Dump Truck AccidentsThere are many different types of dump trucks, including standard dump trucks, transfer dump trucks, haul trucks, semi trailer end dump trucks, and off road dump trucks. Generally, they include a hydraulic mechanism that contains cylinders to lift the container or bed of the dump truck, which allows it to dump loose materials or cargo. All commercial trucks, such as 18-wheelers and big rigs, present an increased danger, but dump trucks include additional components that can cause injuries. The hydraulic mechanism that lifts the truck bed or container can injure a person who is in the path of the dumped cargo.
The increased danger is not limited to when a dump truck is dumping cargo. When a dump truck has an open container, debris may fall out of the dump and onto the highway, colliding with passenger car windshields, as well as with pedestrians, motorcyclists, or bicyclists. At high speeds on the highway, this can blind a driver, who can lose control of the vehicle and cause an accident, or it may directly injure someone.
Dump truck accidents may be results of negligence. To prove negligence, your injury lawyer will need to show that the defendant acted carelessly in causing the accident. Careless conduct can occur in many different ways and in various places, including on the road, at construction sites, or at loading docks. For example, if a driver does not secure the cargo appropriately at the loading dock, and then the loose cargo causes an accident, it is likely that a jury will find that there was negligence. Other breaches of duty by a dump truck driver may include overloading a truck, ignoring traffic signs and signals, speeding, failing to check blind spots, taking a turn too fast, fatigued driving, and backing up improperly.
Dump trucks can be owned by a trucking company, or they can be privately owned and operated by a driver. Sometimes they are owned by a government entity. Your attorney will need to identify all of the parties that contributed to an accident.
Sometimes only the dump truck driver is liable, but a dump truck driver's employer may be held vicariously liable if the driver was negligent in the scope of employment. Additionally, a trucking company can be held directly liable for its own negligence. There are numerous regulations that a trucking company should follow, such as conducting background checks of job applicants and drug and alcohol testing employees. Garbage and construction companies should make sure that their drivers are trained in handling the dump truck and can operate this type of vehicle safely. A company could be held liable for negligent hiring, negligent training, or negligent supervision.
In some cases, a defect in the dump truck causes an accident. It may be possible to hold the dump truck manufacturer accountable for any injuries caused by a defective dump truck in a product liability lawsuit. If the dump truck accident occurs on a construction site and is a workplace injury, we may look at other potential sources of recovery, such as subcontractors or contractors that may be at fault but are not your employer.
Discuss Your Potential Trucking Injury Case With a Decatur AttorneyIf you are injured or a loved one is killed in a dump truck accident, it is crucial to consult a skillful personal injury attorney who understands these types of accidents. Mr. Reeves has 30 years of legal experience. He represents people in Decatur, Athens, Huntsville, Madison, Hartselle, and Birmingham, as well as other communities in Jackson, Limestone, Lawrence, Morgan, Madison, Lauderdale, and Cullman Counties. Call us at 256-355-3311 or use our online form to set up a free consultation.