In an accident, dump trucks may flip over and dump thousands of pounds of sediment, concrete, or other substances on the road, damaging the roadways and potentially injuring or even killing surrounding motorists. A Long Island dump truck accident lawyer can advocate for a victim’s rights to fair compensation.
If you or a loved one were injured or passed away due to a dump truck accident, call Morelli Law Firm today at (212) 751-9800 for a free consultation.
Dump Truck Facts
In an article published by the Engineering News Record, dump trucks and ready-mix delivery trucks have been involved in an increasing number of fatal accidents. Data from the Federal Motor Carrier Safety Administration (FMCSA) shows that in 2016, the number of accidents rose by 9%, totaling over 8,206 accidents nationwide. This occurrence is an issue that spans multiple industries.
Although insurance premiums have been rising for fleet vehicles, truck drivers are still causing accidents due to poor driving skills. These occurrences have prompted federal regulatory agencies and industry safety professionals to examine and prevent instances of driver fatigue and utilize technology to more closely monitor the day-to-day operations of dump trucks.
Some other FMCSA statistics on accidents involving dump truck accidents include:
- Over 5,483 dump truck accidents caused injuries in 2016, rising by 2.7%.
- 838 accidents that involved ready-mix concrete delivery trucks occurred in 2016, increasing by a concerning 9.6%
- Injuries caused by ready-mix concrete delivery trucks went up by 3.8%
- Fatal accidents involving ready-mix concrete delivery trucks rose from 33 in 2015 to 38 in 2016
In the 2000s, regulatory agencies and insurance companies made an effort to improve safety standards by using new technology and launching campaigns to encourage safer driving practices. However, as statistics show, these efforts did not carry over into the 2010s. Motorists and pedestrians have a right to commute on public roads and walkways and are protected by federal law to do so safely.
What Can Cause A Dump Truck Accident
Dump truck drivers require special training and experience in order to be driven and operated. They have powerful operating systems that are capable of carrying and lifting tons of materials. When something goes wrong, a dump truck can cause a great amount of harm and destruction. An accident can occur due to any of the following scenarios:
If the accident was due to the driver:
- They may have been fatigued, possibly from working long hours
- Going beyond the speed limit; according to New York Vehicle & Traffic § 1180, no commercial vehicle weighing over 10,000 pounds can drive at a speed limit exceeding 55 miles per hour
- The driver was not properly trained
- Distracted driving, by a coworker, phone, or dispatch system
- The driver failed to drive with caution in heavy traffic, or poor weather conditions, such as rain, sleet, or snow
- The truck was driven into an area where it was not authorized, such as a narrow city street
Other factors:
- The truck was overloaded with materials, making it imbalanced or breaking a fixture
- The truck was not maintained according to regulation
- The manufacturer that built the truck released it to the market with faulty parts
Long Island Dump Truck Accident Lawyer Near Me 877-751-9800
Determining Liability
In some cases, there are factors in a dump truck accident that were caused or indirectly caused by a liable party. A Long Island dump truck accident lawyer can help you in your pursuit of compensation and examine all possible parties that can be potentially held liable in a dump truck accident.
A person, company, or other entity, in this case, the defendant, can be held liable in a court of law for causing bodily injury, property damage, and other types of damages. The possible defendant(s) in the case of a dump truck accident may include:
- The driver
- The company or individual that owns the vehicle
- The company or individual that rented or leased the vehicle
- The manufacturer of the truck, or individual parts
- The department or hired mechanic responsible for maintaining the truck
A plaintiff can present evidence of their damages and help prove the negligence of the defendant. With today’s technology, actual footage of the accident can be easily accessed and presented to the court. Some types of evidence that can be useful in a dump truck accident case include:
- Dashcam footage
- Eyewitness testimony
- CCTV Footage
- Surveillance Camera Footage
- Photos of the injuries or damage to your property directly after the accident
- Records from police or other first responders
- Medical records of your injuries
The Statute of Limitations in New York
Before filing, make sure that you are within New York’s statute of limitations to file a lawsuit. New York statutes that may be applicable:
- In the case of car accidents, New York Civil Practice Law & Rules (CVP) § 214 states that the accident must be reported within three years from the date of the accident.
- According to New York Estates, Powers & Trusts (EPT) § 5-4.1, in the case of wrongful death, two years from the date that the victim passed away.
Our attorneys are able to perform services that can streamline the process of filing a lawsuit, but it is the responsibility of the plaintiff to report the accident to the proper authorities within these time limits.
What a Long Island Dump Truck Accident Lawyer Can Do for You
If you are faced with a growing number of medical bills or a staggering property repair estimate due to a dump truck accident, the solution may be just a call away. We can work with you on a contingency-fee-basis, meaning that you will not be charged any attorney’s fees unless you receive compensation awarded by the court or agree to a negotiated settlement.
Some types of compensation that you can be awarded by the court include:
- Medical expenses
- Repairs for damaged property
- Lost wages
- Mental anguish
- Pain and suffering
- Wrongful death, such as funeral and burial expenses as well as compensation for the decedent’s surviving family members who have experienced emotional distress due to their sudden and tragic loss.
If you or a loved one were injured due to a dump truck accident, call Morelli Law Firm today at (212) 751-9800.
Get Started on Your Case Today
A Long Island dump truck accident lawyer can help you and your family rebuild your lives in the aftermath of an accident. You deserve the resources you need to heal from your injuries so that you can close this chapter of your life and move on. There is hope, and we may be able to help. Call Morelli Law Firm today at (212) 751-9800 to start.