Dump Truck Accident
An Experienced Dump Truck Accident Attorney Can Fight On Your Behalf
Accidents involving large commercial trucks, such as dump trucks, often result in catastrophic injuries such brain trauma, spinal cord injuries and even wrongful death. Dump trucks have many blind spots and complicated moving parts. A properly licensed driver can safely drive a dump truck. Unfortunately, this is not always the case as under-trained amateur drivers are often behind the wheel in trucking accidents. Further, construction and trucking companies do not always properly maintain their vehicles, which can be the cause of a dump truck accident. If a dump truck accident caused your injury, then a dump truck accident attorney can help you recover damages.
McArthur Law Firm is a local firm that puts people first. Any one of our professional attorneys has the experience, aptitude and knowledge to vigorously represent wrongfully injured victims. We have seen the damage that a truck accident injury can cause to a person and their family: Family relationships can become strained from the stress, childcare can be an issue and there is likely a pile of medical bills that just seems to keep growing. Take heart in knowing that you have legal rights and options, and seasoned professionals who will fight on your behalf to ensure that you receive rightful compensation.
What Are Common Causes of Dump Truck Accidents?
It is largely due to the size and weight of commercial dump trucks that result in these types of wrecks being more serious than those only involving passenger cars. Many different parties are potentially liable after a dump truck accident.
The following are three common causes of dump truck accidents:
- Improper maintenance. It is up to both the truck driver and the trucking company to ensure that the trucks they are using are receiving proper maintenance and care. A driver must complete the necessary inspections and repairs before hitting the road.
- Unqualified Drivers. Some trucking companies hire independent contractors as truck drivers. These contractors may have little experience driving a large commercial vehicle. Hiring independent contractors can be a potential recipe for disaster; these amateur drivers are unfamiliar with how to handle a large commercial truck and are less likely to react properly in emergency situations.
- Driver Fatigue. There are several federal regulations in place concerning how long a truck can be on the road before the trucker must stop driving for a certain amount of time. The Federal Motor Carrier Safety Administration(FMCSA) has extensive information regarding the hours a trucker is allowed to work. For example, the FMCSA’s regulations state that “if more than 8 consecutive hours have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take an off-duty break of at least 30 minutes before driving”. A driver is liable if he or she exceeds these hours and falls asleep at the wheel, causing a severe accident.
Who Can be Held Liable in a Dump Truck Accident?
Depending on the circumstances, the following parties can typically be held liable in a commercial trucking accident:
- Truck owner/leaser. If it is not the driver, then the person who owns or leases the truck which caused the accident can potentially be held liable. Whoever owns or leases the truck is responsible for ensuring that the vehicle is safe to be on the road.
- Driver. If the recklessness of the truck driver was the cause of the accident which resulted in your injury, then you may be able to hold him or her liable in a personal injury claim. Examples of reckless driving include speeding, distracted driving (i.e.: using a phone or radio while driving) and/or aggressive driving. However, in most cases, the trucking company is responsible for the actions of its employees.
- Government entities. Sometimes accidents occur and it is not the fault of either driver, but a poorly maintained and/or constructed road. In these cases, you may be able to hold the local appropriate parties responsible. These cases are difficult to litigate and may be subject to different regulations.
- Mechanics/Maintenance workers. You may be able to hold mechanics and other maintenance workers liable for a truck accident that was caused by a part that was repaired or serviced improperly. This liability can further extend to parts and vehicle manufacturers depending on the details of the incident.
These and potentially other parties can be held liable in a trucking accident involving personal injury. However, proving liability requires a lot of time and investigative work. An experienced dump truck accident attorney from McArthur Law Firm can utilize our resources to help determine the liable parties in your case.
Suffered an Injury in a Dump Truck Accident? Our Georgia Law Firm Can Help
Suffering an injury is a stressful event. On top of dealing with the physical injury, it is difficult to learn that life has not stopped around you. You are likely facing severe stress including trying to find childcare, being unable to work and losing wages.
Since opening our doors, we have won wrongfully injured victims millions of dollars in settlements. A dump truck accident lawyer from our firm has seen firsthand what wrongfully injured victims go through in these cases. No matter the situation, they want to help you receive the compensation that you deserve.
If you have been involved in a dump truck accident, then contact our office today to schedule your free consultation.