Dump Truck Accident Lawyer
Dump trucks are much heavier and bigger than other automobiles on the road. They can severely damage cars and injure people when they collide with obstacles or other automobiles. Common injuries and disabilities caused by truck crashes include spinal cord injuries, broken bones, paralysis, head injuries, and burns.
If you or a loved one has been hurt in an accident with a dump truck or other construction vehicle in Charleston, West Virginia or the surrounding areas, contact Warner Law Offices, PLLC. Our trusted truck accident lawyers can determine whether you can file a personal injury claim against the responsible party or parties. If your claim is successful, you could receive financial compensation for medical costs, lost wages, pain and suffering, loss of consortium, and more.
What Causes Dump Truck Accidents?
Most truck accidents occur because of driver error. Here are the most common causes of truck accidents:
- Speeding
- Driving recklessly
- Failing to take precautions when driving through work zones
- Distracted driving, such as driving while texting
- Failing to check blind spots
- Driving under the influence of drugs and alcohol
- Failing to adjust driving to weather and road conditions
- Lack of driving expertise
- Lack of truck maintenance
- Driving while fatigued
- Safety defects, such as brake problems
Dump Truck Accident Injuries
Dump truck accidents can cause catastrophic injuries and disabilities that can affect your ability to work. Common dump truck accident injuries include:
- Head injuries: Dump truck accidents can cause direct trauma to your head, resulting in traumatic brain injuries.
- Internal damage: Dump truck crashes can cause internal bleeding to organs such as the bladder, spleen, kidney, and liver.
- Burns and disfigurement: Dump trucks usually cause more damage upon impact due to their size and weight, leading to a higher risk of rupturing fuel tanks. This can result in vehicle fires, which can cause painful burns and permanent disfigurement.
- Amputation: The impact of a dump truck accident can lead to amputation. Amputation can also happen due to severe burns.
- Spinal cord injuries and paralysis: Dump truck injuries can damage the spinal cord, leading to paralysis. People with severe spinal cord injuries may need wheelchairs and other mobility aids for the rest of their lives.
- Wrongful death: Dump trucks are more likely to kill people than crashes involving other vehicle types. If a loved one dies from dump truck accident injuries, Warner Law Offices can determine whether you can file a wrongful death lawsuit against the responsible parties. No amount of money will ever be able to compensate for your loss, but you may be eligible to seek compensation for lost income, funeral costs, and lost companionship.
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Who Is Liable for a Dump Truck Accident?
The liable party in a dump truck crash depends on the facts of your case. Potentially liable parties may include the dump truck driver, trucking company, vehicle manufacturer, truck maintenance company, or the government.
Dump Truck Driver
All commercial motor vehicle drivers must follow state laws, adhere to the Federal Motor Carrier Safety Administration regulations, and have a commercial driver’s license. Under these rules, dump truck drivers cannot engage in risky driving behaviors, such as:
- Distracted driving
- Texting while driving
- Speeding
- Driving while fatigued
- Failing to check blind spots
If a dump truck driver fails to meet these requirements, you can hold them liable for your losses.
Trucking Company
In many cases, the truck driver is a commercial trucking company employee. As such, trucking companies are responsible for the drivers and trucks they deploy.
In addition, under Federal Motor Carrier Safety Administration regulation 49 C.F.R. §390.5, all truck drivers operating commercial vehicles for interstate trucking companies are considered trucking company employees, even if they are working as “independent contractors.” This means the trucking company may even be responsible if the driver is an independent contractor.
Trucking companies must implement systems that protect drivers and other road users. Trucking companies that fail to do this can be held liable for your losses. For instance, you can hold the company responsible for your losses if a trucking company violates laws protecting truckers and other drivers, such as forcing truck drivers to drive while fatigued.
You can also sue trucking companies for hiring unqualified drivers, failing to maintain and inspect trucks, inadequately training drivers, and encouraging dangerous driving behaviors such as speeding to meet strict schedules.
Vehicle Manufacturer
If your accident was caused by a defect in the dump truck or one of its components, you can file a product liability lawsuit against the manufacturer. Most dump truck accident product liability cases involve two types of defects:
- Design defects are defects in the product design, making the product dangerous to consumers.
- Manufacturing defects are accidental errors during the production of a product, causing it to be dangerous to consumers.
Truck Maintenance Company
Some trucking companies hire separate maintenance companies to monitor and fix their vehicles. If a truck maintenance company is negligent and a truck causes an accident by breaking down, you may have a claim against the maintenance company. You must show that the maintenance failed or did not perform the necessary repairs competently.
The Government
Sometimes, a dump truck crash happens due to a poorly designed or maintained road. If this happened to you or a loved one, you may have a claim against the government agency responsible for that road. These lawsuits have specific requirements and typically must be filed much sooner than ordinary personal injury lawsuits. Talk to a trusted dump truck accident attorney from Warner Law Offices to learn more about suing the government for your dump truck accident.
How Much Is a Dump Truck Case Worth?
How much a dump truck case is worth depends on various factors, including:
- The severity of your injuries: Cases involving severe injuries and disabilities, such as amputations and traumatic brain injuries, are worth more.
- Whether a death resulted: Cases involving fatalities tend to have higher settlements and trial verdicts.
- The number of liable parties: The more parties you sue successfully, the more compensation you will receive.
- The degree of property damage: Dump truck cases that cause substantial property damage generally pay more than those that cause less.
A truck accident lawyer from Warner Law Offices can estimate how much your truck case is worth.
How Can a Dump Truck Accident Lawyer Help?
Filing a dump truck accident lawsuit is time-consuming and complex. If you attempt it alone, you may miss the opportunity to receive compensation for your injuries and property damage.
For instance, you must meet the deadline for filing a personal injury suit set by your state’s statute of limitations. In West Virginia, that deadline is two years.
Hiring a trusted dump truck accident lawyer can greatly boost your chances of securing maximum compensation and justice. The right dump truck lawyer can:
- Investigate and gather evidence by conducting a thorough investigation and gathering evidence such as witness statements and surveillance footage.
- Determine liability by identifying the liable parties in the dump truck accident.
- Negotiate with insurance companies to ensure you receive maximum compensation.
- Calculate the full extent of your economic and non-economic damages, including medical fees, lost wages, property damage, and pain and suffering.
- Negotiate settlements and represent you in court, if needed.
Get the Help You Need From Warner Law Offices, PLLC
If you or a family member has been hurt by a dump truck accident in or around Charleston, West Virginia, contact Warner Law Offices, PLLC. We have over 20 years of experience fighting for the rights of truck accident victims in West Virginia and surrounding areas.
Our top-rated dump truck accident lawyers have won millions for our clients, including $13 million for an auto accident victim, $12 million for an injured worker, and $9 million in a wrongful death lawsuit.
Call 304-345-6789 or fill in this form to learn more about how we can help you.
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Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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