Dump trucks are used to complete important tasks such as transporting construction materials and hauling away garbage. These trucks share the road with everyday vehicles, and because of their size, they pose a significant threat to other drivers.
An accident with a dump truck is significantly different than a crash between everyday vehicles. The injuries will be more severe, and the medical bills will be more costly. It’s imperative you contact legal representation if you or someone you know has been injured or killed in a dump truck accident.
Personal Injury Attorney in Los Angeles
Your insurance company will be quick to settle because they know you want to move on with your life. Do not settle with your insurance company. Instead, contact Yarian & Associates, APC. We will thoroughly investigate your accident and fight for maximum compensation.
Call (844) 291-1911 to schedule a free case evaluation. We represent injured clients in areas such as Glendale, Los Angeles, Visalia, Riverside, Fresno, Irvine and San Bernardino.
- California Personal Injury Laws
- Is the Driver’s Employer Responsible?
- Compensation for Dump Truck Accident Injuries
- Additional Resources
California Personal Injury Laws
It’s wise to be aware of the state’s personal injury laws, especially if you plan to file a claim in civil court. The California courts have a two-year statute of limitation for personal injury cases. This means you have two years from the date of your injuries to bring a claim to civil court. If you fail to file in this time, the court will refuse to hear your case, and you will lose your right to compensation.
The dump truck driver will likely claim you’re to blame for causing the accident. California follows a comparative negligence rule. So, if you are partly to blame for the accident, it will affect the amount of compensation you’re eligible to receive. Under this rule, you will receive an amount equal to the total number minus your percentage of fault.
For instance, you get into an accident because a dump truck driver ran a red light, but you were driving well over the speed limit when passing through the intersection. The court might find you 20 percent to blame while the truck driver is 80 percent to blame. So, instead of receiving a total settlement worth $100,000, you would only receive $80,000.
California does not limit the amount of economic and non-economic damages for insured drivers. However, if you were uninsured or under the influence when you got into the accident, you will be limited to economic damages only. The only exception to this rule is if the dump truck driver was convicted of DUI in connection with the accident.
Is the Driver’s Employer Responsible?
Under the doctrine of respondeat superior, an employer can be held vicariously liable for the negligent actions of their employer while on the job. For an employer to be liable, the driver must have been acting within their scope of employment when their wrongful actions resulted in injuries.
Other situations where an employer could be held liable include:
- Exceeding the legal limit for weight of the truck
- Pressuring the driver to make unrealistic deadlines
- Providing drivers with inadequate dump truck training
- Not complying with safety inspections
More and more commercial truck drivers are independent contractors. In certain situations, the company the trucker is contracting for may be held accountable for your injuries. Providing trucks that do not meet safety standards, hiring an unskilled driver and promoting drivers fatigue all fall under the scope of the respondeat superior doctrine.
In addition to the driver’s employer, numerous other individuals and entities could be liable for your injuries. Some of these parties include the dump truck driver, the manufacturer of the truck and the truck’s mechanic.
Compensation for Dump Truck Accident Injuries
Those injured in a dump truck accident may be able to receive economic and non-economic damages. Economic damages are those which have a monetary amount. This form of compensation is intended to cover out-of-pocket costs you may have spent or will be required to spend in the future.
Economic damages can include, but are not limited to:
- Medical cost
- Lost wages
- Lost earnings capacity
- Property damage
- Funeral and burial cost (wrongful death)
Non-economic damages may be the greatest loss after a catastrophic injury. Non-economic damages are losses that are not quantifiable. These damages can be more subjective, but they typically include:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Physical impairment
- Loss of consortium (wrongful death)
Damages for Wrongs | California Civil Code – Follow the link to read the statute governing non-economic damage caps for uninsured and intoxicated drivers. You can read the exact legal text of the ruling and find out when non-economic damages will be made available to an uninsured driver. The code can be read on the California Legislative website.
Large Truck Crash Stats | Federal Motor Carrier Safety Administration – View the most current set of data from the FMCSA on large truck crashes. The report is broken into section by trends, crash types, vehicle types and the demographics of victims. The FMCSA is the government body responsible for regulating the trucking industry in the United States.
Dump Truck Accident Lawyer in Los Angeles
You need Yarian & Associates, APC on your side to help recover the compensation you need and deserve. Over two decades we have been able to achieve settlements in the millions, and we want to do the same for you. Contact us at (844) 291-1911 to schedule a free case evaluation.
Yarian & Associates, APC represents clients in areas across Los Angeles County and Tulare County.