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Have you been injured in a dump truck accident?
Depending on the size and capacity of the dump truck, it might be carrying between 10 to 25 tons of material. The heavier the cargo, the more deadly the crash due to the momentum of the vehicle’s weight during impact. When crashing into a passenger car, the probability is high that occupants would suffer serious injuries or might not survive. Unless the truck rolls over, truck drivers often emerge with minor injuries due to the fact that the truck sits much higher than other vehicles. In addition, dump trucks have complicated moving parts, including hydraulic lifts for opening the truck bed to load materials (sand, gravel, etc.) and then dumping them afterward. If the truck bed opens during an accident and materials spill out, the weight of the load hitting other vehicles could be catastrophic. Getting legal help is vital if you’ve lost a loved one or suffered serious injury in a dump truck crash.
Common Causes of Dump Truck Accidents
Driver Fatigue
Hours of Service regulations for truck drivers prohibit them from driving more than 14 consecutive hours in a day. After a 14 hour shift, they must take 10 consecutive hours off duty. The reason for this regulation is to prevent fatigue, which can lead to poor reaction times, attention failure and poor decision making, resulting in greater crash risks. If a truck driver is under a tight deadline, they might not pull over and get rest when they start feeling fatigued. Or, they might not take the required time off after a 14 hour shift. Other rules exist for taking breaks during their driving shifts. Violations of these Federal Motor Carrier Safety Administration (FMCSA) rules indicate negligence on the part of the driver and the trucking company.
Unqualified Drivers
Under pressure to make deliveries, companies sometimes hire unqualified contractors to drive their trucks. If the contractor has little experience driving dump trucks, which is a specialized type of vehicle, they could pose a danger to other vehicles. Knowing how to react effectively in emergency situations is an acquired skill. Companies might cut corners for any number of reasons: to reduce costs, meet delivery deadlines or solve a staffing problem of not enough drivers. Doing so is a form of negligence. Trucking companies should thoroughly screen drivers before hiring them by examining their prior work experience and driving history along with their traffic violations. They should conduct drug testing and ensure substance abuse is not an issue. Likewise, companies should ensure that medical conditions, such as sleep apnea are not jeopardizing a driver’s performance.
Lack of Proper Maintenance
Dump truck drivers should check fluid levels and tire pressure on their trucks often, at least twice weekly, if not more frequently. Another part of proper maintenance is checking the battery for tight connection and ensuring no corrosion. Many dump trucks have several batteries, one for the engine and another one for the dumping mechanism. In addition, maintenance for the hydraulics system, which lifts and lowers heavy loads is important. Lastly, the engine must be in good operating order. The FMCSA requires dump trucks to pass safety inspections to guarantee they abide by industry standards. Drivers and companies must adhere to annual inspections and some might have to undergo inspections after an accident or other specified situations.
Overloaded Trucks
Overloading dump trucks beyond their recommended capacity can lessen the brakes’ effectiveness during emergency situations. The brakes get hot faster than they should and it erodes the vehicle’s structure, steering, suspension and chassis. It can also harm the hydraulic system. Not to mention, it takes longer for the dump truck to stop, so the stopping distance increases. In Texas, companies and truck drivers who exceed weight limits can receive fines. For second and subsequent offenses, courts can even render jail sentences, and prosecute the persons responsible for overloading the vehicle. Overloaded trucks are type of negligence that lawyers can use as evidence in their cases to recover compensation for damages.
Driver Fatigue
Hours of Service regulations for truck drivers prohibit them from driving more than 14 consecutive hours in a day. After a 14 hour shift, they must take 10 consecutive hours off duty. The reason for this regulation is to prevent fatigue, which can lead to poor reaction times, attention failure and poor decision making, resulting in greater crash risks. If a truck driver is under a tight deadline, they might not pull over and get rest when they start feeling fatigued. Or, they might not take the required time off after a 14 hour shift. Other rules exist for taking breaks during their driving shifts. Violations of these Federal Motor Carrier Safety Administration (FMCSA) rules indicate negligence on the part of the driver and the trucking company.
Unqualified Drivers
Under pressure to make deliveries, companies sometimes hire unqualified contractors to drive their trucks. If the contractor has little experience driving dump trucks, which is a specialized type of vehicle, they could pose a danger to other vehicles. Knowing how to react effectively in emergency situations is an acquired skill. Companies might cut corners for any number of reasons: to reduce costs, meet delivery deadlines or solve a staffing problem of not enough drivers. Doing so is a form of negligence. Trucking companies should thoroughly screen drivers before hiring them by examining their prior work experience and driving history along with their traffic violations. They should conduct drug testing and ensure substance abuse is not an issue. Likewise, companies should ensure that medical conditions, such as sleep apnea are not jeopardizing a driver’s performance.
Lack of Proper Maintenance
Dump truck drivers should check fluid levels and tire pressure on their trucks often, at least twice weekly, if not more frequently. Another part of proper maintenance is checking the battery for tight connection and ensuring no corrosion. Many dump trucks have several batteries, one for the engine and another one for the dumping mechanism. In addition, maintenance for the hydraulics system, which lifts and lowers heavy loads is important. Lastly, the engine must be in good operating order. The FMCSA requires dump trucks to pass safety inspections to guarantee they abide by industry standards. Drivers and companies must adhere to annual inspections and some might have to undergo inspections after an accident or other specified situations.
Overloaded Trucks
Overloading dump trucks beyond their recommended capacity can lessen the brakes’ effectiveness during emergency situations. The brakes get hot faster than they should and it erodes the vehicle’s structure, steering, suspension and chassis. It can also harm the hydraulic system. Not to mention, it takes longer for the dump truck to stop, so the stopping distance increases. In Texas, companies and truck drivers who exceed weight limits can receive fines. For second and subsequent offenses, courts can even render jail sentences, and prosecute the persons responsible for overloading the vehicle. Overloaded trucks are type of negligence that lawyers can use as evidence in their cases to recover compensation for damages.
Get Legal Help for
Dump Truck Accidents
Consulting with a lawyer can provide you with legal information that is often crucial when dealing with severe injuries, the death of a loved one and insurance companies. If another party caused the accident, they have a legal obligation to pay for damages. As your lawyer, the Law Office of Michael R. De La Paz can protect your rights, be your voice in the legal system and ensure that you receive adequate compensation to cover damages along with pain and suffering.
Call us at (210) 225-HURT (4878) or toll free (800) 645-8553. We will schedule a free consultation to discuss the accident and explain possible legal strategies for recovering compensation.
Law Office of
Michael R. De La Paz
Contact Us
1100 NW Loop 410, Suite 360
San Antonio, TX 78213
Office: 210-225-HURT (4878)
Toll free: 800-645-8553
Schedule a Free Consultation
Law Office of
Michael R. De La Paz
Contact Us
1100 NW Loop 410, Suite 360
San Antonio, TX 78213
Office: 210-225-HURT (4878)
Toll free: 800-645-8553