When you’re following a dump truck on the roads, the smell can be unpleasant, but what’s even more inconvenient is an accident. Dump truck accidents can occur for a variety of reasons, but almost all of them can result in severe injuries.
Our St. Peters dump truck crash attorneys at the Morelli Law Firm understand the losses you may have suffered, and we’re willing to fight for them. We can help you through the legal process and get you the compensation you qualify for.
Negligent Parties in a Dump Truck Accident
Many parties can be negligent in a dump truck crash. Some of the most common negligent parties that you can hold accountable include:
The driver of the dump truck is most often cited as the primary negligent party. As the driver, they have a legal duty of care to drive responsibly. If the driver that hit you was driving recklessly, under the influence of drugs or alcohol, or participated in a distracted driving behavior like texting, you can hold them accountable.
These types of behaviors are a breach of the duty of care because they disregard the safety of other drivers on the road.
The company that made or designed the truck can also be a negligent party. The manufacturer of dump trucks should make sure that the truck meets safety standards and does not pose a risk to the driver or other drivers on the road.
If the manufacturer knew that there was a fault in the truck, like a steering issue, but still approved it to be used, they can be negligent in the accident if it led to your injury. They should have issued an immediate recall and stopped companies from using the truck until the issue was fixed.
The Company that Loads the Truck
The last party that can be held accountable in a dump truck accident is the company responsible for loading the truck. This is sometimes the same company the driver belongs to, but it can also be an external company like a construction company.
Companies that load dump trucks know what’s allowed and isn’t as well as the weight a dump truck can carry. So if the dump truck accident occurred due to an overloaded truck, it may be the driver and the loading company that you hold accountable.
It’s important to remember that you may be able to hold multiple parties accountable and recover compensation if you qualify for a case. A St. Peters dump truck crash attorney from our firm can help you know which parties to file a claim against.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Statute of Limitations for a Missouri Dump Truck Crash
After you suffer injuries in a dump truck accident, the state of Missouri gives you five years to file a claim against the negligent parties. Our lawyers recommend that you file your claim as soon as you can after your accident. This can increase your chances of recovering the maximum settlement.
Five years is a long time to take legal action, but that doesn’t mean you should wait that long. Filing early will allow you to start working toward compensation with one of our St. Peters dump truck accident attorneys. If you have a unique situation, you may have more or less time than the statute of limitations.
If so, you can meet with a lawyer that can tell you the exact amount of time you have to file.
Damages You Can Recover After the Accident
If you’ve suffered losses as a result of the accident, you may be stressed out about how you’re going to keep up on bills and recover from your injuries. If you have a valid dump truck crash case, one of our attorneys can help you recover damages like:
- Pain and suffering
- Loss of income
- Current and future medical costs
- Loss of earning capacity
- Mental anguish
- Loss of quality of life
- Property damage
- Physical therapy
Depending on your case, you may be eligible for additional damages. You can discuss this with a lawyer at our firm.
Can You Receive Punitive Damages?
Punitive damages in dump truck crashes are uncommon, but they could apply to your case. To receive punitive damages, a St. Peters dump truck lawyer must prove that the defendant intentionally harmed you by engaging in negligent actions.
For example, if the truck driver purposely swerved into your lane and hit you, you may be awarded punitive damages. This type of damage is intended to punish the defendant and discourage them and the general public from repeating the behavior.
A court or jury is the deciding factor in whether your case is eligible for punitive damages. However, an attorney can review your case and determine if the negligent party intentionally performed those actions.
How do You Approach the Insurance Company?
Meeting with the insurance claims adjuster is always a daunting experience. But the number one rule is you should never agree to speak or meet with the insurance company without a lawyer.
When you meet with the insurance company, your lawyer can communicate for you because we know how claims adjusters think. If you show any emotion or insecurity, the insurance company will use it against you. Your lawyer can be firm, show the evidence that supports your claim, and defend your settlement.
If you were to go without a lawyer, you may end up accepting a dump truck accident settlement that doesn’t accurately represent your losses. Once you sign anything or accept an offer, you give up your rights to any other compensation.
Contact Morelli Law Firm to Get Justice After a Dump Truck Accident
If you were in a dump truck accident, our St. Peters dump truck accident lawyers can help. We can gather evidence that supports your injuries, and then we recover the damages you’ve suffered.
Call us or fill out the form on our website to get in touch with Morelli Law Firm and get a free case evaluation.