Dump trucks are a common sight in Cedar Falls, transporting material or waste away from construction sites. A large, fully loaded dump truck is heavy and can cause significant damage when it crashes into a vehicle. Dump trucks are also unstable and might topple when they fail to work properly.
Contact Ball, Kirk & Holm, P.C. to speak with one of our Cedar Falls truck accident lawyers in either Waterloo or Iowa City. We can come out to meet you at home, if the circumstances allow.
Why Dump Trucks Are Dangerous
These vehicles get into many accidents which can cause major injuries.
- Size and weight. When fully loaded, a dump truck can weigh 60,000 pounds. That much weight can crush a tiny vehicle caught in the way, leading to catastrophic and possibly fatal injuries.
- Frequent stops in congested areas. Many dump trucks travel to and from construction sites, where there are dozens of people milling around. The truck could easily run into someone when backing up or entering the site.
- Blind spots. Like other large vehicles, dump trucks have blind spots on all four sides. A dump truck driver must be especially careful when changing lanes on a highway or when backing up.
- High center of gravity. The center of gravity is even higher when the truck elevates the box to let material flow out. Vehicles with a high center of gravity are more prone to toppling over.
- Unsecured cargo. The material in the box could come flying out if it is not tied down, usually with a tarp. If material shakes loose, it could strike other vehicles or force them to take quick defensive action.
Common Accidents
Ball, Kirk & Holm, P.C. can represent anyone injured in an accident involving a dump truck:
- Rear end collision. Because they are heavy, dump trucks need more space to come to a stop. A distracted or speeding trucker could crash into a vehicle in front of it.
- Lane change accidents. The truck could crash into a car in a blind spot when the truck driver changes lanes.
- Tip overs. A dump truck can tip onto its side when the box is elevated, and material is caught in it. The truck can land on someone nearby and crush them.
- Backing up accidents. A dump truck might back over a construction worker because the trucker is not taking enough care.
These accidents often leave people with major injuries, such as crush injuries, amputation, severe brain injuries, and spinal column damage. Some people are paralyzed due to the severity of the accident.
Assigning Liability for a Dump Truck Accident
We typically bring a claim against the following people:
Negligent Trucker
A truck driver might make some error out of carelessness, such as changing lanes without craning their neck to double check the blind spot is clear. A trucker can make mistakes for various reasons:
- Impatience
- Fatigue
- Overwork
- Distraction
- Intoxication or drug use
- Inexperience with dump trucks
Truck Owner
The owner of the truck is responsible for ensuring it works properly. That means regularly servicing a dump truck and removing it from service if it is dangerous to drive.
The owner is usually the employer of the trucker, so they have vicarious liability for their employee’s negligence. We often sue the truck owner or construction company for an accident.
These companies have insurance liability policies which should cover a settlement. We can negotiate with the truck owner to cover medical expenses, lost income, and damage to your property (including your car).
Manufacturer of a Defective Part
A system or part on the truck could be defective, such as the hydraulics. The manufacturer might be liable for an accident if the part fails to work properly. Typically, a truck or part is defective when it leaves the manufacturer. We would like to inspect the truck to determine if there is a defect.
Comparative Negligence & Your Claim
Iowa’s comparative negligence law comes into play with these accidents. The truck driver might blame you for contributing to an accident. Helpfully, Iowa Code § 668.3 will still allow you to seek compensation if your share of fault for an accident is 50% or less.
Some of our clients are negligent because they failed to pass quickly enough when in a blind spot, or they followed a dump truck too closely. These mistakes can undermine your claim and result in less compensation. But you should receive something if you were not more than 50% at fault.
Hire an attorney quickly. We can help you avoid making common mistakes which result in smaller settlements:
- Do not apologize for an accident, even if you think you are to blame. These words can come back to haunt you.
- Do not post about your accident on social media. You might accidentally post something that sounds like an admission of fault, or photographs could undermine your claim to be in severe pain.
- Never give any type of recorded statement to the insurance companies after an accident. They are possibly digging for admissions to use.
- Never assume you do not have a viable legal claim. Let us compare your negligence to that of the defendant.
- Contact our firm. We can go over the facts and determine if you can sue and who is the right defendant.
Were You Injured While Working a Construction Job?
Construction workers might also qualify for workers’ compensation benefits. These are no-fault benefits for workers injured while on the job. A construction worker struck by a dump truck should be eligible.
You cannot sue your employer, but you might still sue the dump truck owner, depending on the facts. We believe in maximizing what our clients receive in compensation, so we will seek workers’ comp benefits where appropriate.
Experienced Cedar Falls Truck Accident Lawyers
Our office has hundreds of happy clients over the years who have reached out to us after many motor vehicle accidents. Let us assist with a truck accident claim. You may contact our office today to schedule a consultation. We are always available by phone for our clients, 24/7.