Dump Truck Accidents
Dump trucks, like other large trucks, may cause serious injuries or even death in an accident. The consequences of dump truck accidents not only are physically painful but can be financially and emotionally draining as well. If you or someone close to you has been injured in an override accident or another accident caused by a negligent dump truck driver, you may be entitled to compensation for your harm. At Therman Law Offices, our Wheaton and Schaumburg truck accident lawyers take pride in giving each and every client the personal attention and skilled legal advocacy that they deserve. With decades of combined experience, we understand how to pursue these types of claims.Understanding Your Legal Options Following a Dump Truck Accident
A dump truck is a truck with a body that tilts or opens at the back for unloading. These vehicles are generally used for transporting loose material, such as sand, gravel, or demolition waste, for construction. Given the size, shape, and weight of dump trucks, they pose elevated dangers to other vehicles on the road. A fully loaded dump truck may weigh as much as 65,000 pounds, which can create massive force and momentum that could lead to a serious crash. You may have noticed that a dump truck has higher bumpers or that they are omitted for ground clearance. In a crash, another car could slide underneath the dump truck. In addition, dump trucks have a higher center of gravity, which results in a higher risk of tipping over.
Dump truck drivers, like other commercial drivers, must adhere to all traffic laws and operate their motor vehicles safely. For example, they should carefully check their blind spots before changing lanes so that they do not cause a side-impact accident. If you were injured in a dump truck accident, you may be entitled to compensation for your harm. Injured people in Illinois can typically seek compensation through a negligence claim. A dump truck driver who is negligent or who violated any industry rule, such as the rules designed to prevent excessive fatigue behind the wheel, can be liable for negligence. Negligence is a common law cause of action recognized by Illinois courts. To establish negligence, the plaintiff must prove that there was a duty of care. This means that the defendant must have been legally required to act in a certain way. In other words, the defendant had a duty to do what a reasonably careful person would do in the same situation.
The other elements are breach, which means that the defendant’s actions violated the duty of care, as well as causation and damages, which consist of showing that the defendant’s breach was a direct cause of the accident and that the plaintiff’s costs or losses are quantifiable.
Liability in dump truck cases can be complicated, since multiple parties may be liable. A trucking company, a construction company, or even a government entity may own the dump truck and thus may be liable as well. Our attorneys can investigate all of the potential defendants that may be brought into the case. Under the theory of vicarious liability, a negligent truck driver’s employer may also be liable for harm when the accident took place while the truck driver was ‘on the job.’ In other words, for an employer to be vicariously liable for the actions of an employee, that individual must have been working within the scope of employment at the time of the accident. For example, if a construction worker were transporting asphalt at the time of the crash, it would be considered within the scope of employment.Seek Assistance from a Knowledgeable Truck Crash Lawyer in Wheaton or Schaumburg
If you or a loved one was involved in a dump truck accident, it is vital to reach out to a diligent personal injury attorney without delay. At Therman Law Offices, we are dedicated to protecting the rights of victims. We can take a close look at your case and provide you with a thorough evaluation of your claim. While we aim to settle each case in a favorable and timely manner, we are prepared to fight for you at trial if needed. Our attorneys represent people in cities such as Schaumburg, Wheaton, Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, and Mt. Prospect. For a free case evaluation following a crash caused by an excessively wide turn or another careless dump truck maneuver, call us at 312-588-1900 or contact us online.