Cement Truck Accidents
Not only do cement truck drivers pose a risk to other motorists on the road, but also they present a risk to pedestrians and bicyclists. A cement truck accident can lead to devastating, even deadly injuries. If you have been injured in an auto accident caused by a cement truck driver’s negligence, you need to reach out to a skilled Wheaton or Schaumburg truck accident lawyer without delay. At Therman Law Offices, we are committed to protecting the rights of our clients and helping them pursue the compensation that they need to deal with their injuries.Take Legal Action After a Cement Truck Accident
A cement truck is a truck that has a large container, which turns when it is filled with wet cement so that the cement does not become hard. While cement trucks vary in size, some can weigh up to 30,000 pounds. Unfortunately, cement truck accidents are more common than you may think. Due to the size and shape of a cement truck, truck drivers can sometimes fail to see their surroundings properly. According to the Federal Motor Carrier Safety Administration, dump and cement truck accidents caused the second-most injuries and deaths among all large commercial vehicle crashes in 2015. The National Ready Mixed Concrete Association found that in 2014, backup accidents were the most common, followed by rollover accidents. Other causes of cement truck accidents include:
- Driving while intoxicated;
- Excessive speeding and losing control of the truck;
- Driver inexperience;
- Improper maintenance;
- Distracted driving;
- Drowsy driving; or
- Defective design of the truck.
There may be a number of parties at fault for a cement truck accident, such as the driver, the trucking company, or the maintenance driver. Our attorneys can look into the facts of your case and help you identify each potentially liable party. If a negligent truck driver caused your accident, you may be able to recover damages in civil court through a negligence lawsuit. Negligence takes place when a truck driver causes an accident that leads to injuries or death by failing to use reasonable care while driving. Reasonable care refers to how a cautious truck driver would have driven in the same situation. To establish negligence, the plaintiff must show that the cement truck driver’s failure to use reasonable care was a direct and proximate cause of the accident and resulting harm.
In some cases, the truck driver’s company may also be liable for the truck driver’s negligence under the theory of vicarious liability or respondeat superior. In order for an employer to be liable, the truck driver must have been “on the job” at the time of the accident. Put another way, the truck driver’s negligence must have taken place while the employee was acting within the scope of employment (i.e., making a delivery for the employer). If a truck driver took a personal detour, however, the employer will not likely be liable.
When a cement truck accident happens, passenger vehicle occupants are much more likely to suffer serious, even fatal injuries as compared to the truck driver. Illinois law allows victims of truck accidents to pursue different types of damages, such as medical expenses, pain and suffering, disfigurement, rehabilitation costs, future medical costs, and any other damages arising from the collision.Discuss Your Case with an Injury Lawyer in Schaumburg or Wheaton
Cement truck accidents have the potential to cause catastrophic injuries. If you have been injured in a cement truck accident that was not your fault, we can help. At Therman Law Offices, our sensitive attorneys understand how daunting the thought of a lawsuit can be after suffering a traumatic injury, but you can rest assured that we can handle your case with the utmost compassion and try to make the process as seamless as possible for you. We proudly take on clients from cities such as Wheaton, Schaumburg, Lombard, Villa Park, Addison, Elmhurst, West Chicago, Lemont, Westmont, Oakbrook Terrace, Clarendon Hills, and Downers Grove. Call us today at 312-588-1900 or contact us online.