A concrete truck is also called a cement mixer. It comprises machines designed to mix components such as cement, sand, gravel, and water to form concrete. The tool used to do the mixing is a revolving drum. Concrete trucks are considerably larger and more substantial compared to other vehicles. As a result, accidents with these types of vehicles are catastrophic and may result in severe damage or even death. The most common concrete truck accidents involve rollovers.
A Wayne concrete truck lawyer can help you to navigate the legal process since such cases contain a lot of complexities. If you or a member of your family has suffered personal injuries from an accident with a concrete truck, contact our legal team at Morelli Law Firm. We have a team dedicated to handling personal injury cases. To have your case reviewed at no cost, call us today at (212) 751-9800.
Causes of Concrete Truck Accidents
Aside from rollovers, the following are some other causes of concrete truck accidents:
- Driver’s negligence
- An overloaded truck which exerts stress on the tires
- Bad weather
- Poor roads
- Mechanical problems
The issue of the driver’s negligence is a wide area of discussion. It may include driving while intoxicated, failing to follow the traffic rules, refusing to give the right of way, and drowsy driving. Intoxication impairs the judgment of any driver leading to mistakes on the road. In addition, some drivers may fall asleep behind the wheel because they fail to get enough rest before driving. Recent statistics show the majority of American truck drivers frequently surpass the 60-hour weekly limit set by the Federal Motor Carrier Safety Administration (FMCSA). Most of them work up to 75 hours a week. This means that they hardly get enough time to rest. Consequently, they may fall asleep behind the wheel, with the potential of causing catastrophic accidents.
The weight of the truck can also be a cause of accidents. There is a required minimum weight for each truck, depending on the size. Overloading the concrete truck with unhardened concrete can have devastating consequences on both the driver and other road users. The situations become out of hand where the driver decides to speed. The weight and size of a concrete truck do not allow it to stop quickly. Therefore, if the driver is speeding, it is difficult to avoid the vehicles ahead, and the inevitability of accidents is almost sure to happen.
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Pursuing Compensation from the Liable Parties After an Accident with a Concrete Truck
Just like many other motor vehicle accidents, concrete truck accidents may have multiple parties involved. Truck drivers indeed carry some degree of fault, but there may be other parties involved, even if not directly.
The common defendants include:
- The driver
- The company that built or performed maintenance on the vehicle
- The government is responsible for conducting road repairs regularly
- The owner of the mixer for failing to service it
- The trucking company
The driver bears responsibility if he or she fails to take reasonable care while on the road or while handling the truck. Intoxication or distracted driving can amount to negligence on the part of the driver. The truck driver owes other road users a duty of care. Acting recklessly usually ends up in a breach of duty of care. In the same light, the trucking company can share in liability if it allows an untrained driver to operate the truck. Trucking companies must ensure that they conduct proper screening of all employees to ensure that they have the proper training for the job. Not doing that amounts to negligence on the part of the trucking company.
The company that built and performed maintenance on the vehicle can also share in the responsibility. Lack of proper maintenance can lead to various parts of the truck failing while on the road. This is dangerous because the driver can end up losing control and causing an accident. Further, concrete truck owners have a duty to ensure they regularly service the mixer to avoid it wearing out. A faulty mixer can fall on other vehicles while the truck is on the road.
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Get Help from a Concrete Truck Accident Lawyer
A Wayne concrete truck lawyer from Morelli Law Firm can help you to pursue compensation for your personal injuries from the liable parties.
Your lawyer can help you in the following ways:
- Initiate your case swiftly to ensure that your case falls within the statutes of limitations
- Help you identify the proper defendants in your case
- Obtain documentation of your injuries to calculate damages
- Represent you in court, if necessary
- Collect evidence that supports your case
- Protect your rights throughout the legal process
- Answer any questions you may have
The evidence that your lawyer may gather includes pictures from the scene of the accident, driving records of the driver, and more. Keeping your medical records for any medical treatment you received will also be helpful to your attorney. Do not share significant information about the accident with the defendant’s insurance company.
Call the Office of a Concrete Truck Attorney Today
Concrete trucks carry unhardened concrete, which increases the weight of the truck. An accident caused by a concrete truck can lead to severe fatalities. If you or a member of your family has sustained injuries from a concrete truck accident, contact a personal injury lawyer at Morelli Law Firm who can help with your case. For a free consultation, call us today at (212) 751-9800.