It is crucial that cement truck drivers use reasonable care and follow the many regulations that govern their work hours and responsibilities. The size and weight of a cement truck are such that a cement truck accident may result in devastating injuries or even death. If you are hurt or a loved one is killed because a cement truck driver acted carelessly, the Los Angeles truck accident lawyers at Sharifi Firm are ready to represent you in holding accountable any parties that may have been responsible.
Establishing Liability for a Cement Truck AccidentCement trucks often weigh up to 30,000 pounds, even without carrying wet concrete. This is a tremendous amount of weight that makes it difficult to maneuver the truck, stop quickly, and keep the truck in good working condition. Generally, a cement truck needs to get to its destination quickly so that the cement can be poured within an hour of being mixed. The outside window for pouring cement is 90 minutes. This means that many cement truck drivers face pressure to get to their destination quickly, and they may drive recklessly in order to meet a deadline.
While a truck driver may walk away from an accident unharmed, any pedestrian or person in a smaller vehicle may suffer spinal cord injuries, brain trauma, or even death. A cement truck driver who violates safety regulations and causes an accident may be held liable under the doctrine of negligence per se (negligence as a matter of law). However, there may be many accident victims making a claim against a driver's insurance policy. It may be necessary to invoke the doctrine of respondeat superior or negligent hiring against the cement truck driver's employer to improve your chances of recovering all of your damages.
Respondeat superior allows a plaintiff to hold an employer indirectly liable for its employee's negligence. As a plaintiff, you may recover compensation under this doctrine if there is a finding that the cement truck driver was negligent and that the driver was in the course and scope of employment at the time of the accident.
Moreover, you can potentially hold an employer directly liable if its own negligence was the proximate (legal) cause of your injuries under theories of negligent hiring, negligent supervision, or negligent training. A truck company's insurance policy usually has coverage limits that are larger than an individual driver's policy.
Before hiring a commercial driver, trucking companies are required by law to conduct background checks and look into a driver's driving history to determine whether the driver is fit and competent to operate a piece of heavy machinery. Sometimes background checks will show that a driver was fired because he falsified his logbook and claimed to work fewer hours than he was working. Truck drivers are required to maintain a logbook of their hours worked and adhere to strict hours of service laws, which were designed to make sure that they do not drive while fatigued and endanger others on the road. A driver's past falsification of logbooks (or a history of accidents or drunk driving) should serve as a red flag to a trucking company.
Discuss Your Cement Truck Accident Case with a Los Angeles LawyerThe Los Angeles attorneys at Sharifi Firm, APC can assist you with pursuing compensation after a collision with one of these heavy vehicles. It may be challenging to recover from the serious injuries that result from truck accidents, and it is critical to retain an experienced motor vehicle collision lawyer to represent you in settlement negotiations or litigation. Contact us at (866) 422-7222 or via our online form to set up a free appointment. Our firm also represents injured individuals in Temecula, Rancho Cucamonga, Glendale, San Bernardino, and Riverside, among other Southern California cities.