As considerably larger and heavier vehicles than most on the roadways, concrete trucks can cause catastrophic damage and death when involved in an accident.
The sheer weight and mass of these vehicles, along with the fact that they carry unhardened concrete can lead to devastating accidents. If you suffered injuries, or a loved one died due to an accident involving a concrete truck in the Los Angeles, consider calling our team at Pintas & Mullins Law Firm at (800) 794-0444 to learn how a concrete truck lawyer might be able to help you file a claim for compensation.
Concrete Truck Accidents
The Federal Motor Carrier Safety Administration reported 33 concrete mixer truck accidents resulted in fatalities in 2017.
Rollover incidents with concrete trucks are also common, as they can easily tip and cause significant damage if a driver is speeding and swerves or is unable to stop in time. Other concrete truck accidents occur due to defectively manufactured parts, improper maintenance, manufacturing or design flaws, driving while distracted, fatigued driving, or negligent or reckless driving.
Investigation of a Concrete Truck Accident
Investigations of concrete truck accidents are very different than those of typical passenger vehicle accidents. In many cases, concrete truck accidents require complex investigations involving expert witnesses, including accident reconstruction specialists.
In some cases, the concrete truck driver’s negligence might have directly caused the accident, but the trucking company or construction company will retain liability under a legal doctrine known as respondeat superior. This means that the trucking company or the construction company that hired the truck driver will remain liable and responsible for compensating victims for their employees’ negligence.
Preservation of Evidence
Trucking and construction companies have teams of lawyers that might quickly begin to build a case defending their concrete truck driver from any responsibility.
In some cases, trucking or construction companies may even attempt to destroy critical evidence needed to prove that the concrete truck driver was negligent. Typically, due to the extensive and challenging nature of concrete truck accidents, a victim will need to have specific information and evidence that only the trucking or construction company can actually provide. Evidence such as logbooks, maintenance records, and the driver’s safety record is crucial for a victim to prove their case.
In order to best ensure that the trucking or construction company does not destroy critical and important evidence, a victim—or their attorney—must issue a spoliation letter. A spoliation letter requests that the trucking company, construction company, manufacturer, and truck driver preserve all relevant documentation and evidence related to the concrete truck accident.
This spoliation letter prevents the destruction or manipulation of evidence that could help ensure that a victim receives compensation for their injuries and losses. An entity that receives a spoliation letter, or otherwise knows an impending investigation will take place, has to preserve that information.
For a free legal consultation with a Concrete Truck Accidents Lawyer serving Los Angeles, call (800) 794-0444
To prove that a concrete truck driver, manufacturer of a defective concrete truck part or component, trucking company or construction company has liability for a victim’s injuries resulting from a concrete truck accident, the victim must prove that one of those parties acted negligently.
Negligence is when a person or entity acts or behaves in a way that a reasonable person or entity in the same or similar circumstance would not act. Your case has to meet four criteria to prove negligence, including the following:
- Duty of care: The truck driver, manufacturer, trucking, or construction company had a duty of care to either drive safely, manufacture a part that was not defective, or hire an adequately trained concrete truck driver to operate the truck safely and appropriately.
- Breach of duty: The truck driver, manufacturer, or trucking or construction company breached their duty in some way, and an accident occurred.
- Causation: The breach of duty caused the accident to occur.
- Damages: The victim must suffer actual and real physical, emotional, or financial harm.
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Compensation for Concrete Truck Accidents
Every concrete truck accident is different, differing facts and circumstances impact the level of compensation a victim might receive.
If you suffered physical, emotional, or financial losses as a result of a concrete truck accident, you might wonder how much compensation your claim is worth under the law. The following factors will affect your compensation for your concrete truck accident claim:
- Were you transported by ambulance from the scene of the concrete truck accident? Did you have to visit an emergency room at any time for your injuries?
- Have you had to visit a medical professional more than once due to your concrete truck accident injuries?
- Has a physician indicated that your injuries are either serious or permanent, such as traumatic brain injury, internal organ damage, aortic dissection, or another severe injury?
- Does a medical professional believe that your injuries are life-threatening?
- Will you continue to have ongoing medical needs, such as additional surgeries, continuing physical therapy, or ongoing medication or treatment?
- Are you in need of medical equipment to function, such as a wheelchair or ramp after your concrete truck accident?
- Did you suffer any temporary or permanent paralysis?
- Did you need any amputations, or were you disfigured in any way?
- Do medical professionals believe that you will fully recover from your injury?
- Was your vehicle completely totaled, according to a car mechanic?
- How long were you unable to return to work due to your injuries? Did you have any loss of income, or do you continue to have a loss of income due to your concrete truck accident?
- Do you have pain and suffering related to your concrete truck accident injuries?
A Los Angeles concrete truck lawyer can give you an estimate of the compensation you might be entitled to.
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Consider Hiring a Los Angeles Concrete Truck Lawyer
If you suffered injuries related to a concrete truck accident in California, consider hiring a Los Angeles concrete truck lawyer at Pintas & Mullins Law Firm. Call a member of our team at (800) 794-0444 for a free consultation, and to understand your legal rights.