A dump truck crash can alter your life in an instant. These enormous commercial vehicles can weigh up to 65,000 pounds when fully loaded, causing serious damage in collisions with smaller cars.
Table of Contents
- What Are My Legal Rights After a Dump Truck Accident?
- How Do Dump Truck Accidents Happen?
- Who Is At-Fault After a Dump Truck Accident?
- What Evidence Can Be Used to Strengthen My Case?
- What Type of Compensation Am I Entitled To?
- What Type of Injuries Do Dump Truck Accidents Cause?
- Reach Out to Our Team at Schmidt Kramer
At Schmidt Kramer, we are dedicated to helping injured truck accident victims hold at-fault parties liable for the damages they caused. If you were injured by the negligence of a truck driver, we strongly recommend seeking legal help right away. Our experienced Harrisburg truck accident attorneys are prepared to answer your questions and determine what legal options you may have in a completely free consultation.
Call for a FREE case review today: 717-727-2500.
What Are My Legal Rights After a Dump Truck Accident?
Pennsylvania law protects victims injured by negligent dump truck drivers and companies. You have the right to pursue compensation through an insurance claim or lawsuit against responsible parties. This includes coverage for medical bills, lost wages, pain and suffering and other damages stemming from the crash.
However, dump truck accident claims involve complex commercial vehicle regulations, multiple potential defendants and strict filing deadlines. Understanding key aspects of these cases helps victims protect their interests.
How Do Dump Truck Accidents Happen?
Dump truck accidents happen under many different circumstances. One common example is dump truck drivers who may have to operate a truck for more than 12 hours. As these drivers become drowsy and more fatigued, the chance of them causing an accident increases. In other cases, trucking companies may share fault for a dump truck accident. For instance, if they fail to provide adequate training or supervision for their drivers.
Poor vehicle maintenance could also lead to an accident, such as if trucking companies or truck owners do not consistently check brakes or tires. Dump truck accidents could also happen due to:
- Overloaded cargo
- Unsafe lane changes
- Distracted driving
- Driving under the influence
- Speeding or aggressive driving
- Failure to account for blind spots
Who Is At-Fault After a Dump Truck Accident?
Determining fault after a dump truck accident depends on the actions of one or more parties that may have led to the crash. These parties may be found liable for the accident depending on the circumstances.
- The dump truck driver
- The trucking company
- The vehicle maintenance provider
- The cargo loading company
- The truck or parts manufacturer
- Government entities responsible for road maintenance
- Other motorists involved in the crash
What Evidence Can Be Used to Strengthen My Case?
After a dump truck accident, you and your attorney will need evidence to strengthen your case. Some of the evidence you can use to build your case are:
- Cell phone records
- Witness statements
- Police accident reports
- Vehicle maintenance records
- Surveillance or dash cam footage
- Medical records documenting injuries
- Photos of the crash scene and vehicle damage
- Expert testimony from accident reconstructionists
- The truck driver’s logs and qualification file
- Data from the truck’s electronic logging device
- Company safety policies and training materials
What Type of Compensation Am I Entitlted To?
Pennsylvania law allows dump truck accident victims to seek various compensation after an accident. However, it is important to know the type of compensation you receive may vary depending on your specific circumstance.
Victims may secure these types of compensation to cover damages and injuries:
Medical Expenses
Medical expenses cover emergency care, hospital stays, surgeries, and ongoing physical therapy. When calculating compensation with your attorney, factor in future medical needs for serious injuries. Your claim should include costs for medications and medical equipment like crutches or braces.
Lost Income
Lost income compensation covers wages missed during injury recovery. If injuries prevent you from returning to your previous job or result in permanent disability, you may qualify for lost earning capacity compensation to cover future income losses.
Non-Economic Damages
Non-economic damages compensate for physical pain and suffering. For example, if a victim experiences shooting pain that makes it difficult to sleep or complete physical therapy sessions, they may be eligible for this type of compensation.
Victims may also receive non-economic damages for loss of enjoyment, such as when they become depressed because they can no longer enjoy certain hobbies or struggle with their social life.
Proving non-economic damages can be challenging since they lack a monetary value. This is why it’s essential to consult with an attorney about your specific case.
Property Damage
You may be able to seek compensation for property damages if your vehicle needs repairs after an accident. You may also qualify for rental car coverage while a repair shop fixes your vehicle.
If severe damage requires vehicle replacement, you can seek compensation for a new vehicle. You may also qualify for compensation if the accident led to damages of your personal belongings.
What Type of Injuries Do Dump Truck Accidents Cause?
The massive size and weight of dump trucks create tragic injuries in collisions. These injuries include:
- Traumatic Brain Injuries: These injuries could cause minor or severe damages. If injuries are critical, it could have long-term effects on cognitive and physical abilities.
- Spinal Cord Injuries: Some victims may face partial or complete paralysis, which could have an impact on someone’s quality of life.
- Crush Injuries: The weight of the truck and the accident impact could lead to possible amputation or high infection risk.
- Internal Organ Damage: This type of injury could lead to liver and kidney damage.
- Fractures: This could lead to spine fractures or joint destruction, which may require surgery and extensive rehabilitation.
Reach Out to Our Team at Schmidt Kramer
If you have been injured in a dump truck accident in Harrisburg, you have the right to seek compensation for your injuries and losses. Seek legal help from a trusted truck accident attorney who can help you calculate all expenses and gather evidence.
Our team at Schmidt Kramer is available to discuss your potential legal rights. Schedule a free consultation with one of our attorneys to help you determine your next step in the legal process. There are no upfront costs, and we only get paid if we win your case.
Call us now for a free consultation: 717-727-2500.