When we think of a dump truck the picture that comes to our mind is a monstrous truck that looks menacing. Imagine getting into an accident with one. The consequences could be quite disturbing. Dump trucks are used for various purposes. These trucks have a wide range of utility from picking garbage to deliver construction materials. However, when it comes to safety, statistics indicate that these trucks have a higher fatality rate compared to all other trucks.
Dump trucks are at least 20-30 times heavier when compared to cars making them mighty dangerous. A total of 3,986 people died in large truck accidents in the year 2016. Of these, about 70% were occupants of smaller vehicles.
So what do you do if your car accident involves a dump truck? Who is liable? In most states, the law requires that commercial vehicles have a larger insurance policy as compared to the smaller vehicles.
But, is the compensation enough when you are involved in an accident involving a dump truck? Who can be held liable? Here is a list of entities who can be held liable:
- The truck driver is the first person who is held responsible for accidents. Most drivers are reckless and need to meet deadlines that make them careless when driving. You can hold the truck driver responsible when he fails to take the required truck driving safety measures.
- The trucking company is responsible for its drivers. The company can be held responsible if they fail to exercise proper care when they hire the driver (like checking for a history of accidents) and failing to train him or supervise him. The trucking company is also liable if they make their drivers work for unreasonable hours which can lead to accidents.
- The truck manufacturer is also liable if it is found that the accident was caused due to a manufacturing defect.
- A parts manufacturer is liable if the accident was caused due to parts added to the truck initially or afterward.
- Catastrophic injuries involving dump trucks may be caused because goods being carried was not loaded properly. The person loading goods is responsible for safe loading and transport of materials.
Since dump trucks come in a variety of sizes an accident with a dump truck may also injure other people in the vicinity of the truck, especially if the truck was speeding in a residential area. Dump truck accidents can cause serious injuries and your medical bills will most likely be high. A good car accident lawyer will go through police records and eyewitness reports to make sure you have enough evidence to support your case.
Truck drivers are required to maintain a detailed log of their working and driving hours, while the trucking company must have logs of vehicle maintenance. These documents will help your car accident attorney to determine the liable party in your accident. An accident can result in a loss of pay if you can’t attend work, and pile up emotional stress and huge medical bills. Hence it's important that you seek the help of a qualified car accident attorney.
Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury.
Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards.
