Construction trucks are considerably larger and heavier than most vehicles on the roadways. The sheer weight and mass of these vehicles can cause catastrophic damage and death when involved in an accident.
If you suffered injuries due to an accident involving a construction truck in California, consider calling our legal team at Pintas & Mullins Law Firm today at 800-794-0444. We can explain how a Los Angeles construction truck lawyer may be able to help you determine whether you are eligible to file a claim for compensation.
Types of Construction Trucks
The Federal Highway Administration provides a detailed list of the many different types of commercial trucks on our roadways through specific classifications. Construction trucks can describe any type of truck involved in a construction project, such as:
- Concrete mixers
- Dump trucks
Any person who operates these types of construction trucks must obtain specific training to maneuver the trucks appropriately and safely.
Investigation of a Construction Truck Accident
The National Highway Traffic Safety Administration continues to study and analyze injuries and fatalities in crashes of heavy trucks. Investigations of construction truck accidents are different than those of typical passenger vehicle accidents. Construction truck accidents often require complex investigations involving expert witnesses, including accident reconstruction specialists.
In some cases, the construction truck driver’s negligence directly causes the accident, but the trucking company or construction company will retain liability under a legal doctrine known as respondeat superior. As early as 1955, trucking companies have remained responsible under this legal theory for their employees.
Several California court decisions have held that under respondeat superior, an employer is liable for the negligent act or omission of any employee acting within the course and scope of his employment. This doctrine means that the trucking company or the construction company that hired the construction truck driver will remain liable and responsible for compensating victims of their employee’s negligence.
Preservation of Evidence
Trucking and construction companies have teams of lawyers that will quickly begin to build a case defending their construction truck driver from any kind of culpability or responsibility. In some cases, trucking or construction companies may even attempt to destroy critical evidence needed to prove that the construction truck driver was negligent.
Typically, due to the extensive and challenging nature of construction truck accidents, a victim will need to have specific information and evidence that only the trucking or construction company can provide. This evidence includes logbooks, maintenance records, and the driver’s safety record—all of which are critical information a victim needs to prove their case.
To best ensure that the trucking or construction company does not destroy critical and important evidence, a victim must issue a spoliation letter. A spoliation letter will legally require that the trucking company, construction company, manufacturer, and truck driver keep all relevant documentation and evidence related to the construction truck accident preserved.
The spoliation letter prevents the destruction or manipulation of evidence that could help ensure that a victim receives compensation for their injuries and losses. If an entity receives a spoliation letter and proceeds to destroy evidence, the court will likely levy severe fines and penalties.
A Los Angeles construction truck lawyer with Pintas & Mullins Law Firm understands the necessary steps to preserve evidence in your case. Call us today for a free case evaluation with a team member.
For a free legal consultation with a Construction Truck Accidents Lawyer serving Los Angeles, call (800) 794-0444
To prove that a construction truck driver, manufacturer of a defective construction truck part or component, trucking company, or construction company has liability for a victim’s injuries resulting from a construction truck accident, the victim must prove that one of them acted negligently.
Negligence is a person or entity acting or behaving in such a way that a reasonable person or entity in the same or similar circumstance would not act. There are four criteria that exist legally to prove negligence:
- Duty of care: The truck driver, manufacturer, and trucking or construction company had a duty of care to either drive safely, manufacture a part that was not defective, or hire a construction truck driver who was adequately trained to operate the construction 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 victim suffered injuries as a direct cause of the breach of duty by one of those entities.
- Damages: The victim must suffer actual physical, emotional, or financial harm.
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Compensation for Construction Truck Accidents
Every construction truck accident is unique, and there will be different facts and circumstances that impact the compensation level for a victim. If you suffered any kind of injuries—physical, emotional, or financial—because of a construction truck accident, you may wonder how much compensation your claim is worth under the law. While there is no way to give an exact amount of compensation in your specific case, these questions can help when considering your compensation for your construction truck accident claim.
- Are your injuries considered serious or severe according to a medical evaluation? Did you need emergency transportation by ambulance to an emergency room?
- Have you had to visit a medical professional more than once for your construction 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 or occupational therapy, or ongoing medication or treatment?
- Are you in need of medical equipment to function, such as a wheelchair or walker, after your construction 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 never recover fully 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 construction truck accident?
- Do you have pain and suffering related to your construction truck accident injuries?
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Contact a Los Angeles Construction Truck Lawyer
If you suffered injuries related to a construction truck accident in California, consider contacting the legal team at Pintas & Mullins Law Firm to understand your rights and find out how our Los Angeles construction truck lawyers can help you fight to recover compensation. Call us today at 800-794-0444 for a free consultation.