Dump truck accidents are particularly capable of leading to catastrophic damage, so they require a legal strategy that is particularly suited to their unique complexities. At The Collins Law Firm, our attorneys have experience handling personal injury claims in which multiple parties are liable for the damages caused.
By understanding what sets dump truck accidents apart from other types of crashes, you can make an informed decision about the type of legal action you want to take.
Operating a dump truck requires a great deal of skill and awareness. They are heavier, bulkier and wider than most other vehicles, so there is little room for error when driving one. The responsibility is not only on the driver, though. The people and companies who load the truck and maintain its parts also have a hand in keeping everyone safe.
Some of the most common causes of dump truck accidents include:
It is important to keep in mind that some causes can trace back to the driver’s employer. The employer is responsible for providing training to all personnel involved in dump truck operations and enforcing healthy hours of service regulations.
Like many commercial vehicles, dump trucks have much more size and weight than most cars on the road. This makes it much more likely for them to cause severe injuries and property damage in a collision.
There are also some unique factors that make dump trucks even more dangerous than some delivery vehicles or semi trucks. Dump trucks often carry heavy objects in their beds, which can fall out and cause crushing injuries if loaded improperly. Hydraulic failures can also cause the bed to unhinge and swing out of place, striking nearby vehicles in the process.
The risk factors associated with a dump truck accident can make certain catastrophic injuries much more likely, including:
Getting compensation for your injuries after a dump truck accident is not as simple as just filing a claim with the at-fault driver’s insurance company. There are actually several different parties that might be liable for your injuries, and it is important to take legal action against each of them to make sure you get full coverage for your medical bills and other damages.
Depending on how the accident happened, you might have a valid claim against:
You might also face complexity in determining if you need to file a claim against a commercial entity or a municipality. Some dump trucks and their drivers are employed by the local government, but there are different legal liabilities and insurance policies that apply to municipalities. The right attorney will unravel this complex situation and hold the liable parties accountable, even if it is a government entity.
Personal injury law requires you to prove that the other person or entity is responsible for your damages. If you can establish that their negligence directly caused the damages you suffered in an accident, then you are eligible to recover compensation for medical bills, lost wages, emotional suffering and other damages.
To start the claim process, you can contact the insurance company representing the at-fault party. Insurance companies have a legal obligation to uphold standards of fairness, so they must provide an understandable way for you to file a claim. You can also rely on your dump truck accident lawyer to handle the filing process for you.
Keep in mind that each state has a statute of limitations that affects how quickly you must file your claim. In Illinois, the statute of limitations is two years from the date of the accident. After this deadline, it will no longer be possible to initiate any legal action related to that particular accident.
The first thing to do after an accident is move to a safe location and call 911. If it is safe to do so, document the scene by taking photographs of your vehicle, any injuries you have and the overall surroundings. Cooperate with police responders and exchange information with other drivers and witnesses.
It is very important to seek immediate medical attention after the accident. A heavy impact from a dump truck can cause serious injuries, including internal injuries that you might not notice right away. Seeing a physician will ensure your well-being and provide you with medical records that can serve as evidence if you file a claim.
It is also a good idea to call a dump truck accident lawyer as soon as possible. An attorney can help you decide what to say when you report the accident to your auto insurer. They can also help you avoid accidentally admitting any fault when you talk to the other driver’s insurance provider, or even talk to them on your behalf.
Not only can a dump truck accident lawyer handle the filing process for you, but they will also leverage their experience to get as much compensation as possible for you. The right attorney will have experience negotiating with business representatives, insurance adjusters and other lawyers. This gives you protection against people who might try to take advantage of you and avoid paying what they owe.
If you experience an accident with a commercial vehicle, the at-fault party may owe you significant compensation. Trying to face the situation alone can result in leaving money on the table, especially if it is not clear who is actually liable.
At The Collins Law Firm, our dump truck accident lawyers can advocate for you every step of the way and hold each liable party fully accountable. Contact us today to schedule your free case evaluation.
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