Dump trucks play a key role in construction projects and industrial operations as they transport heavy materials, including demolition debris, sand, and gravel. Unfortunately, because of their large size and the nature of their cargo, these trucks can be a menace on the road when things go wrong.
If you or someone you love is involved in a collision with a dump truck and injury or death results from the incident, you have legal rights. You need a skilled attorney who is highly familiar with dump truck accident cases, though, as these cases raise complex issues, including how to identify all potential defendants, as dump trucks may sometimes be owned by separate third parties that are not operating the vehicles or involved in the construction.
At Drafahl Law Firm, we understand how to investigate accidents involving dump trucks, how to prove the extent of damage done, and how to help you navigate the process of fighting for the compensation you deserve.
Who is responsible for Dump Truck Accidents?
After a dump truck collision, it’s important to identify all potential parties who could be held liable for your losses. Specifically, you may be able to pursue a claim against:
- The dump truck operator
- The company that is performing construction
- The third-party owner of the dump truck
- Manufacturers of the dump truck, if there were defective parts
- Those responsible for road maintenance and design if there was a problem on the roadway that caused or contributed to the crash occurring.
Identifying who owns the truck and who is responsible, either through their own negligence or through other legal theories, can be very complex. For example, employers of the dump ruck operator may be held liable under vicarious liability laws based on negligence of their staff member, even if the company itself was not careless.
On the other hand, there are different rules for holding dump truck manufacturers liable under product liability laws. And, if the dump truck owner or operator was employed by the government or a government agency, such as when the dump truck is utilized in a construction project for the government, then there are also added complexities due to sovereign immunity rules that provide some protection from lawsuits for government officials.
An experienced dump truck accident lawyer can help you develop the right legal theory to maximize the chances that justice will be done.
Common Causes of Dump Truck Accidents
The cause of your dump truck accident will also affect who is responsible and how much compensation they will have to provide you. Some common causes include:
- Driver error: Drivers can make mistakes when operating dump trucks, especially if they aren’t properly trained.
- Improper loading: Dump trucks carry heavy loads, but if the load isn’t properly balanced or there is too much weight, this increases the risk of a rollover accident.
- Mechanical failure: A lot could go wrong with these complex pieces of equipment, including a failure of the hydraulic system, tire blowouts, and brake failures.
- Reckless driving: If a dump truck driver speeds, drives distracted, drives while intoxicated, or otherwise behaves recklessly, this ups the risks of a crash happening.
Many of these causes amount to different types of negligence that the driver, dump truck owner, or construction operators could potentially be liable for.
Getting Help from a St. Louis Dump Truck Accident Lawyer
A St. Louis dump truck accident lawyer can help you take legal action so you can recover full and fair compensation when a crash occurs. We’ll work with you in even the most complicated situations to identify defendants and prove your claim. Give us a call today to schedule a free consultation and learn more about the assistance we can offer.