A dump truck accident is likely to result in serious injuries to the driver and passengers in any smaller vehicle. Dump trucks are large trucks used for transporting loose material, including sand, gravel, or garbage. Typically, they are equipped with a hydraulic mechanism and a bed at the rear, which lifts and opens to allow materials to be deposited behind the truck. Dump trucks are classified differently from other large trucks because different safety issues tend to apply to them. They may be owned publicly or privately. If you are struck by a careless trucker, the Los Angeles truck accident lawyers at Sharifi Firm may be able to help you recover compensation. There may be a short window of time within which to bring your claim, particularly if the dump truck is publicly owned, so it is important to consult an attorney as soon as possible.
Establishing Liability for a Dump Truck AccidentIn general, you can recover compensation from a dump truck driver if you can establish by a preponderance of the evidence that the driver was negligent. This means you will have to prove the duty of the dump truck driver, a breach of duty, causation, and actual damages.
Often, a dump truck accident is the result of a collision with a vehicle or pedestrian, but in some cases, the dumping mechanism, a large hydraulic mechanism with a huge amount of force, is what injures or kills a bystander. If a load falls on someone, it may cause serious harm. The driver of a dump truck should always be very careful about the risk of injury to bystanders. Failing to pay attention may be a breach of the duty of care. Similarly, a failure to secure cargo appropriately could be a breach of the duty of care.
A dump truck's owner, either a private company or a public entity, may also have liability. In some cases, both the driver and the company are liable, while in other cases, only one is the responsible party. If the company is the driver's employer, and the driver is in the course and scope of employment at the time of his or her negligent conduct, the company may be vicariously liable for the driver's negligence.
Dump truck companies and government entities are required to make sure that they hire qualified drivers with clean background checks who have adequate safety training. If a driver or operator fails to follow the appropriate safety procedures or has a history of accidents, this failure raises the issue of whether the dump truck company has breached its duty of care to hire and train a qualified driver or operator.
In some cases, it is necessary to retain an expert to determine the cause of a dump truck accident. If the hydraulic mechanism or another part of the truck is defective due to flawed design or a manufacturing error, it may be appropriate to sue the manufacturer of the truck or a component of the truck for compensation. However, it is also possible that the dump truck was improperly maintained. In that case, the owner of the dump truck or whoever is responsible for maintenance may bear some responsibility.
Consult a Tractor-Trailer Accident Lawyer in Los AngelesIt is common for dump truck owners to send out a team to investigate an accident after it happens and to start developing an aggressive strategy to defend against a civil lawsuit right away. If you are hurt, you should retain your own counsel immediately to make sure that you are on the same footing as the dump truck company or government entity. At Sharifi Firm, our Los Angeles attorneys can help you pursue compensation from any party that may be responsible for your injuries. Contact us at (866) 422-7222 or use our online form to set up a free, no-obligation consultation with a motor vehicle collision attorney. Our firm also represents accident victims in Riverside, Temecula, Rancho Cucamonga, San Bernardino, and other cities throughout Southern California.