Common Causes of Dump Truck Crashes
Accidents involving dump trucks can be attributed to various factors, from mechanical issues to negligent drivers. Prevalent reasons for dump truck collisions include:
- Trucks that are not properly loaded or are overloaded – Dump trucks have a high center of gravity that changes with each load. If a dump truck is not loaded correctly or contains too much loose material, the truck can become unstable, increasing the odds of the driver losing control of his vehicle and crashing. Another road hazard exists when loose materials fall off the truck, striking other motorists and/or obstructing the road with dangerous debris.
- Defective truck parts – Sometimes truck parts such as tires, brakes, or steering systems fail because of defects during manufacturing, causing serious accidents. Manufacturers are strictly liable for all harm sustained in a crash caused by a defective part.
- Driver distraction – If a dump truck driver is distracted, he is substantially more inclined to cause an accident. Text messages, phone calls, food or drink, changing radio stations, reaching for something on the floor or the seat, and looking at a map, are just some of the many things that can distract a driver. Taking your eyes off the road for even a few seconds can have disastrous results.
- Driver impairment – Intoxication and driving are a deadly combination, regardless of the vehicle being driven by the impaired person. However, this is especially true in the case of large trucks, like dump trucks. When a dump truck driver drinks alcohol or takes drugs, his reaction time is delayed, and his depth perception is distorted. Additionally, an intoxicated person’s ability to stay in his lane is impaired, and there’s an increased risk of losing consciousness. Alcohol and drugs seriously compromise a person’s ability to operate a vehicle and dramatically increase the risk of catastrophic accidents.
- Driver fatigue – Fatigue is the result of mental or physical exertion that hinders performance. Driver fatigue may be caused by a lack of sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors. The Large Truck Crash Causation Study (LTCCS) reported that 13 percent of commercial vehicle drivers were considered to have been fatigued at the time of their crash.
- General driver negligence – Negligent truck drivers cause many dump truck accidents. Irresponsible driving habits like failure to signal a turn, stop at a stop sign or red light, or violate other traffic laws, are one of the primary causes of dump truck collisions.
- Failure to properly inspect or maintain trucks – Dump truck drivers, truck owners, and repair and maintenance shops have a duty to properly inspect and maintain dump trucks; however, they do not always do so. Faulty brakes or other mechanical failures can cause drivers to lose control on the road and crash, resulting in serious injuries.
Commons Injuries We Handle in Dump Truck Cases
Due to the size disparity between a heavy-duty dump truck and a standard motor vehicle, people involved in truck accidents often suffer severe injuries. Those who are hit by a dump truck often suffer severe injuries such as:
- Facial scarring and permanent disfigurement
- Traumatic brain injuries (TBI)
- Concussions, skull fractures, and other head injuries
- Broken jaws and dental damage
- Herniated and bulging discs and other back injuries
- Spinal cord injuries resulting in partial or total paralysis
- Dislocated, broken, or shattered bones
- Loss of limbs from crushing or pinning
- Scrapes, cuts, bruises, and puncture wounds
- Burns from fire, steam, or caustic chemicals
- Friction burns such as “road rash”
- Chest and stomach injuries from the seat belt or steering wheel
- Bleeding and internal injuries
- Whiplash and other soft tissue strains, sprains, and tears
- Psychological damage, including post-traumatic stress disorder (PTSD)
How Lawyers Prove Liability in a Dump Truck Lawsuit
Evidence commonly used to establish liability after a dump truck collision includes:
- The police report and information contained therein regarding fault and factors contributing to the accident
- Witness Statements gathered from people who saw the accident
- Photos and video footage of the scene of the accident
- Expert witness testimony from people like accident reconstruction specialists and investigators who examined the vehicles involved
- Data from the dump truck driver’s employer, including schedules, work hours, and dispatch instructions; the driver’s employment, driving, and training records; the dump truck company policies, records, and hiring and training practices; and the dump truck’s inspection, maintenance, and repair service records.
Potentially Responsible Parties in a Dump Truck Crash
Any party whose negligent actions contributed to an accident can be held liable for injuries sustained in a dump truck crash. Some possible responsible parties for a dump truck accident include:
- The dump truck driver – Usually, the driver has at least some fault in a dump truck accident, for example, if the driver was distracted, impaired, or violated traffic laws.
- The driver’s employer – The employer of the driver can be held vicariously responsible for an employee’s negligence simply by virtue of the driver being on the job when the accident occurred. Additionally, the employer may be directly liable if they failed to train the driver, knowingly hired an unqualified driver, or allowed or encouraged a driver to violate hours of service laws.
- Shipping companies and cargo loaders – The company who loaded the cargo could be liable if an unstable load causes the accident.
- Repair and service shops – Dump trucks are required to undergo routine maintenance and repair to prevent mechanical failures that can lead to serious accidents. If a repair shop fails to conduct a repair properly or neglects its responsibility to inspect or maintain the truck, the shop can be held responsible for accidents caused by the truck’s mechanical failure.
- Manufacturers– If a dump truck accident is caused in whole or in part by a defective product, the manufacturer of the truck or part may be responsible for the accident. Manufacturers are strictly liable for all harm suffered in an accident caused by a defective part.
Working With a Trained Dump Truck Accident Lawyer
If you or a family member were injured in an accident with a dump truck, our Houston truck accident lawyers will file a lawsuit against the negligent parties and help you recover the compensation you are entitled to under the law. Dump truck accidents can result in severe injuries that cause lifelong financial hardship and daily pain and suffering. When your accident and injuries are caused by the wrongful conduct of someone else, you have a right to recover compensation to help you through the difficulties you are experiencing. We can help you determine who the wrongdoers are, and we have a track record of securing full compensation under the law. Do not risk your future with an inexperienced law firm when we can help you.
Our Houston dump truck accident lawyers are prepared to fight for you. Call us at (281) 801-5617 or contact us online to learn how we can help you recover compensation after a truck accident.