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Cement Truck Accidents
Cement Truck Accidents
Cement or concrete trucks are used to transport wet cement for construction. These trucks are massive and can weigh approximately 30,000 pounds when empty and can carry an additional 40,000 pounds when transporting cement. These mixer trucks are notably unstable because of the odd distribution of weight carried in the barrel. As a result, rollover accidents are not uncommon. Given the weight and force involved in cement truck accidents, victims can suffer catastrophic injuries or death.
Concrete mixer trucks may collide with other vehicles in a number of circumstances and for several reasons, especially driver error. If you or someone close to you has been hurt in a cement truck accident, the attorneys at VanDerGinst Law can get the compensation you deserve to address the damages that have been sustained.
Reasons Concrete Truck Accidents Occur
Cement mixer truck collisions can be caused by the negligent actions of the truck driver, trucking company, or other parties. Distracted driving, intoxication, improper truck maintenance, and improper loading are a few causes. But the unique characteristics of cement trucks present other dangers. These include:
- Rollovers. Accidents with concrete mixer trucks are usually due to rollovers or collisions. Concrete trucks have a higher center of gravity than other commercial trucks. Therefore, rollover accidents are common even when the cement truck is has slowed to turn and is traveling at less than 10 miles per hour. Most motorists do not realize that a cement truck that is turning can flip over. So, a crash can happen before there is time to get out of the way.
- Inexperience. When a cement trucker lacks experience or training, a catastrophic truck accident is much more likely. A cement truck driver must be trained and experienced to maneuver a massive vehicle through navigating a turn, handling shifting loads, and being alert to road conditions and other vehicles. But statistical evidence and experts indicate that more and more concrete truck drivers are younger and inexperienced and not as committed to traffic safety as their more experienced colleagues.
- Speeding. Cement can harden in a mixer within an hour of being loaded. Because a driver has a short period of time to deliver a load before the cement inside hardens, they may speed to make a faster delivery. Due to its’ weight and it takes a cement truck longer to slow or stop at faster speeds. Plus, the shifting or unbalanced load can make a rollover much more possible at higher speeds.
- Distracted driving: According to the American Contractors Insurance Group, distracted driving is becoming a risk due to cement truck operators’ lack of focus.
- Uneven roads: Unlike long-haul truckers, concrete truck drivers traverse a lot of construction areas where the road are dense or uneven, or do not exist as all. This makes the possibility of rollovers and other accidents much more likely.
- Shifting loads: When a cement truck is improperly loaded, the truck driver may lose control, and the cement truck can flip or rollover.
- Mismanaged construction site: Construction sites, where concrete trucks often travel, or often mismanaged or completely unsupervised with respect to vehicle traffic. This can lead to concrete truck accidents. When this happens, the construction company may also be liable for compensation to injured victims.
How Often Do Concrete Truck Accidents Occur?
According to statistics from the U.S. Department of Transportation:
- Concrete trucks cause roughly 357 fatalities yearly.
- 68 percent of those who died in collisions with a concrete truck were in passenger vehicles.
- 14 percent of the fatalities due to concrete truck accidents were to pedestrians or bikers.
Who is Liable to Compensate Victims of Cement Truck Accidents?
If you were injured in a cement mixer crash, there are several potential parties who may be liable for any compensation that is due. Obviously, if the driver of the cement truck was negligent, he or she would be potentially liable to compensate an injured victim or their family. The trucking company who employs the driver could also be responsible under the theory of vicarious liability (liability for the actions of employees or agents) or for its own negligence. As referenced above, construction companies may be liable for failing to properly manage vehicle traffic at a construction site. Other parties, including truck maintenance companies or truck manufacturers, may also be at blame, depending on the cause of the accident.
Investigating a Concrete Truck Accident
Because there are so many possible causes for cement truck accidents, and so many potential parties who may bear some blame, it is vital that a proper investigation be done right away to establish liability. Evidence needed to prove negligence in concrete trucking accident case includes the following:
- Witness contact information
- Photos and/or video from the scene of the accident
- Cement Truck Maintenance records
- Personnel Files of the cement truck driver
- Training manuals from the company
- Construction site or roadway information
At VanDerGinst Law we send a spoliation letter to potential liable parties right away to prevent the destruction or manipulation of any evidence that could prove negligence and help your personal injury case for compensation,
Accidents with cement mixer trucks can be complicated. Contact VanDerGinst Law so that the insurance companies who represent the responsible parties do not take advantage of you.
How To Protect Your Rights After A Cement Truck Accident
After you’ve gotten the necessary medical treatment immediately after an accident with a cement truck, you should do all you can to document liability and your injuries.
- Gather Witness Information. If possible secure contact information from anyone who witnessed the accident.
- Document the Scene of the Accident. Get photos and/or video to document the aftermath of an accident. Look for skid marks, debris, vehicle damage, road conditions and traffic controls in the area where the accident occurred.
- Treat Your Injuries. Get the care necessary to reasonably treat any injuries caused by the accident. Be sure to keep a list of all treatment providers so the records and bills can be ordered.
- Memorialize Your Recovery, Keep a journal to outline how your life is adversely impacted by your injuries. What are you missing out on? Take photos and videos to show your efforts to heal and to show the impact on your life. These can help illustrate your pain, suffering and the loss of enjoyment from being able to be an active part of your family.
- Contact VanDerGinst Law. We will ensure that your case is properly documented so that you can get the maximum compensation allowed by law. We will also make sure that the insurance company does not exploit you nor attempt to get you to sign documents or give statements that you are not legally obligated to provide.
Bringing a Claim for Injuries Caused by a Cement Truck Accident
People hurt in an accident with a cement truck generally are entitled to compensation if fault can be proven to lie with other parties. After proving that the fault in causing the accident rests with the concrete truck driver, their employer and/or other parties, injury victims then need to prove the extent of their damages. Truck accident cases tend to result in higher damages than passenger vehicle accident claims, due to the weight of the truck and the serious nature of the injuries suffered by victims. Permanent disabilities may result from serious concrete truck accidents. Victims may not be able to return work due to their injuries. VanDerGinst Law can help you get the compensation to which you are entitled, including but not limited to:
- Medical bills
- Past and future lost income
- Pain and suffering
- Disability (Failure to enjoy a normal life)
- Wrongful death (if there is loss of life)
- Emotional distress/Mental anguish
- Loss of consortium
- Property damage
- Out of pocket expenses
How much Compensation Should You Get for Your Injuries?
If you suffered injuries in a concrete truck accident, you may wonder what your claim is worth. Every situation is unique. Anyone attorney who would attempt to give you an idea of the true value of your claim without a detailed analysis is either incompetent or untrustworthy. But the answers to the questions below can help an attorney arrive at some assessment of the value of your claim.
- Are your injuries severe or permanent?
- What is the nature of your injuries?
- What type of treatment did your injuries require?
- What was the length of your care and treatment?
- Are you still treating for your injuries? If so, how long do you expect to continue to keep treating?
- What was the cost of your care and treatment? What do you expect the cost of future care to be?
- Did you have to miss any work due to your injuries?
- Did you lose any wages? If so, how much income have you lost?
- Are you expected to lose further income? If so, for how long?
- Do you experience pain and suffering related to your injuries? If so, how would you rate the pain on a scale of 1 to 10 and how has the pain evolved over the course of time?
- Did you require specialized medical equipment, such as a wheelchair or ramp after your injury?
- Did the accident leave you disfigured or scarred in any way?
- Did you sustain any temporary or permanent disabilities? If so, what were they?
These are just a few questions to assist in determining compensation in a concrete truck accident case. Visit with a VanDerGinst Law concrete truck accident lawyer to help you obtain a better understanding regarding compensation you may receive in your claim.
Wrongful Death Actions
If your loved one died in a concrete truck accident, you may have the right to file a wrongful death claim on their behalf. Typically, close family members, such as spouses, children, parents, and siblings, may pursue a wrongful death action. The compensation you receive never replace a loved one. But, it will allow you to be compensated for medical bills, funeral expenses, the lost financial support received from the loved one, and compensation for your grief and emotional distress.
Contact a Cement Truck Accident Lawyer Today
A collision with a cement truck can leave you with traumatic injuries, high medical bills, the inability to work, and pain and suffering. VanDerGinst Law can help you get the compensation you need and deserve. Simply click here or call 800-960-8529.
The Importance of Legal Representation
If you are injured in a truck accident, you deserve fair and just compensation. Though money won’t take away your pain, it can help you get the care you need, or assist family for any loss they suffer due to the accident victim’s injuries or death.
Truck accidents are complex and may involve multiple parties subject to different rules and regulations. An experienced personal injury attorney can fight for your rights and make sure that all parties are held responsible. If you or a loved one has been involved in a truck accident involving a drunk driver or a driver under the influence of drug, the truck accident lawyers of VanDerGinst Law can help. Call 800-960-8529 or click here for a FREE, no obligation consultation.
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