What Causes Dump Truck Accidents?
These are surprisingly dangerous pieces of equipment that can severely injure a person in a collision or rollover. Some of the more common causes of dump truck accidents include:
- Operator error. The person driving the dump truck might be careless or reckless. For example, he might not watch where he is going and clip a construction worker or motorist.
- Operator impairment. The driver could be using over-the-counter medications to help him stay away, or he could be under the influence of alcohol or drugs. Consequently, the driver’s reflexes and judgement are impaired.
- Failure to secure the box. Materials can come flying out of the dump truck when it is going fast on the highway. An operator should use a tarp to cover the materials, and failure to do so can lead to accidents.
- Tipover. Dump trucks areinherently unstable when the box is raised. If the dump truck is not parked on level ground, or if material does not flow freely out of the box, then the dump truck could tip over.
- Mechanical failure. A dump truck might crash because of a failure with the breaks, steering, or hydraulics. The cause could be a design or manufacturing defect, or poor mechanical repair could be to blame.
Who Can A Victim Sue For Compensation?
We typically analyze who or what is to blame for the accident first. Once we answer that question, we have a stronger understanding of who is at fault for the accident.
The choice of the defendant will often depend on the context. However, we have often sued the following:
- The dump truck operator. If the operator was negligent, then he is to blame for any injuries that result from a crash.
- The operator’s employer. Under Georgia law, employers are automatically liable for any accident their employee causes in the course of work. This is called “vicarious liability,” and it helps injured victims obtain compensation. The employer might also have been negligent in how it trained its employees or performed background checks.
- The dump truck company. This might be different from the operator’s employer.
- A third-party mechanic. If shoddy repairs contributed to the accident, then the mechanic could be sued.
- The dump truck manufacturer. Defects in a truck can make it unreasonably dangerous to operate.
In some cases, we have sued multiple entities since they could have a shared fault. We will need to fully analyze how the accident happened before we can settle on the correct defendants.
Other Atlanta Practice Areas
Personal Injury | Auto Accidents | DUI Accidents | Premises Liability | Bicycle Accidents | Pedestrian Accidents | Wrongful Death | Motorcycle Accidents | Truck Accidents | Workplace Injuries | Mass Torts | Child Injuries | Nursing Home Neglect | Pharmaceutical Injury | Environmental Law & Toxic Torts | Crosswalk Accident | Slip & Fall Accident | Bus Accidents |