Dump trucks are large commercial vehicles that are used to transport large loads of materials, such as dirt, sand, and debris. Drivers are required to have a Commercial Drivers License (CDL) and may require additional certifications depending on the type of materials they are hauling, as well as the size of the vehicle. These trucks are typically owned by construction companies but may also be owned by the driver if they operate as an owner-operator.
Dump truck accidents can be extremely dangerous, especially when they involve smaller vehicles or pedestrian traffic, mainly because of the enormous difference in size and weight between a dump truck and a passenger vehicle. Even low-speed collisions can be serious and even fatal, and the victims are left trying to make sense of how to navigate a commercial insurance claim while also trying to stay focused on their recovery or the tragic loss of a loved one.
Working with a dump truck accident lawyer is one of the best steps you can take if you or someone you love has been involved in a dump truck accident. An attorney will be able to handle the insurance claim on your behalf, as well as investigate the accident to identify any possible third-party liability claims that may be available.
Contact Isaacson, Schiowitz & Korson, LLP Today
If you have been injured in a dump truck accident or if your loved one has been killed, contact our New York City law office today to schedule a free consultation. We will review your case and help you understand your legal options. You may be entitled to compensation for your medical bills, lost wages, and pain and suffering, and we will fight to get you the full amount of damages that you are entitled to under the law.
Read more below to learn about dump truck accidents and how a commercial insurance claim may be carried out. Contact us right away to request a free case evaluation with an experienced New York City dump truck accident lawyer.
Common Causes of Dump Truck Accidents
Dump truck accidents can be caused by any number of factors, but some are more common than others. These include:
Dump trucks are large and heavy, and they take longer to stop than smaller vehicles. Speeding is dangerous for any driver, but it is especially dangerous for large commercial vehicles carrying heavy loads — especially in city traffic. Furthermore, an accident caused by speeding will have a higher force of impact and is more likely to cause serious injuries or fatalities.
Distracted driving is a problem for all drivers, but it can be especially dangerous for dump truck drivers who are hauling large loads. A momentary lapse in attention can result in a serious or fatal accident, especially on a New York City street where cars, bikes, and pedestrians are everywhere.
Improperly Secured Loads
You may be familiar with the label on many dump trucks: “Not Responsible for Broken Windshields.” Guess what? It isn’t true. If a rock or any debris falls off of a dump truck and hits another vehicle or pedestrian, the truck driver can be held liable. In fact, all drivers are required to secure their loads in accordance with state and federal regulations.
Suppose debris fell from the truck and caused more than just a broken windshield, such as an accident that caused injuries. In that case, the driver and the trucking company can be held liable for those injuries—as well as the busted windshield they want you to believe isn’t their problem.
Truck drivers often work long hours, and they may be tempted to push themselves to the limit to make their deliveries on time. Unfortunately, this can lead to driver fatigue, which can be just as dangerous as driving under the influence of alcohol.
A tired driver may have trouble staying awake, and if they fall asleep at the wheel, it can result in a serious or even fatal accident. If you suspect that driver fatigue may have been a factor in your accident, an attorney will be able to obtain the truck’s black box data or Hours of Service records and any other evidence to support your claim.
Like all drivers, dump truck drivers can get frustrated, especially in New York City traffic. Unfortunately, this can lead to aggressive driving behaviors, such as tailgating, weaving in and out of traffic, and making sudden lane changes. These dangerous behaviors put other drivers and pedestrians at risk, and if they result in an accident, the aggressive driver can be held liable.
If you were involved in an accident with a dump truck and the driver’s aggressive behavior was to blame, an attorney will be able to review the police report, eyewitness statements, and any other evidence to support your claim.
The Basics About Commercial Insurance Claims
Since dump trucks are commercial vehicles, they have commercial insurance policies, many of which have policy limits exceeding $1 million for liability coverage. While this is a significant difference from most passenger vehicle insurance policies, the reality is that getting the money you deserve may not be any easier.
Insurance companies are in the business of making a profit, and when they pay victims what they are rightfully owed, they lose money. For this reason, insurance companies will often try to settle for as little as possible or deny claims altogether. New York tort law is complicated, and insurers use this to their advantage by seeking to overwhelm or intimidate a claimant into accepting a settlement and waiving their rights to additional legal action.
If you have been involved in an accident with a dump truck, it is important to speak with a dump truck accident lawyer. They can help you navigate the insurance claim process and fight for the compensation you deserve.
When the insurance company knows that a victim has competent, experienced legal support, they are more likely to take the claim seriously and make a fair settlement offer. Still, even if they don’t, your legal representation will be ready to negotiate aggressively or take your case to the New York court system.
Frequently Asked Questions About Dump Truck Accidents
The following are some of the frequently asked questions we receive regarding dump truck accidents:
What should I do if I’ve been involved in a dump truck accident?
If you or a loved one has been involved in a dump truck accident, the first thing you should do is seek medical attention, even if you don’t think you’ve been injured. Some injuries, such as traumatic brain injuries or whiplash, may not be immediately apparent. Once you’ve been seen by a medical professional, you should call a dump truck accident lawyer.
How much will it cost to hire a dump truck accident lawyer?
At Isaacson, Schiowitz & Korson, LLP, we work on a contingency fee basis, which means that you won’t owe us anything unless and until we recover compensation for you. During your initial consultation, we will discuss our contingency fee structure. If you decide to work with us after your zero-obligation consultation, we want to make sure that you are absolutely clear about what you will owe us so there are no surprises down the road.
What types of compensation can I recover in a dump truck accident case?
If you or a loved one has been involved in a dump truck accident, you may be entitled to recover damages, including but not limited to:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
And many more. A dump truck accident lawyer will be able to determine what types of damages you may be entitled to recover.
What is the statute of limitations for filing a personal injury claim in New York?
In New York, the statute of limitations for most personal injury claims, including dump truck accidents, is three years from the date of the accident. This means that if you don’t file your claim within three years, you will be barred from doing so.
How long will it take to receive compensation after my New York City dump truck accident?
The amount of time it will take to receive compensation after your accident will depend on the facts and circumstances of your case. Some cases may be resolved more quickly, while others may take months or even years to reach a resolution. Since New York’s statute of limitations is three years, your lawyer will either attempt to settle within this window or file a lawsuit, at which point your case is at the mercy of the court’s schedule.
How can an experienced lawyer help my case?
If you or a loved one has been involved in a dump truck accident, an experienced attorney can help you in a number of ways. First, they will be able to thoroughly investigate your accident and collect evidence to support your claim. They will also be able to negotiate with the insurance companies on your behalf and fight for the compensation you deserve. Finally, if necessary, they will be prepared to take your case to trial.
Should I accept the settlement offer from the insurance company?
In many cases, insurance companies will try to lowball accident victims by offering them a settlement that is far less than they deserve. If you have been involved in a dump truck accident, it’s important to consult with an experienced lawyer before accepting any settlement offer.
How much is my dump truck accident case worth?
The value of your case will depend on a number of factors, including the severity of your injuries, the medical bills you have incurred, and the amount of lost wages you have suffered. A personal injury lawyer will be able to review your case and give you a better idea of what it may be worth.
Do I need to work with a lawyer after a New York City dump truck accident?
It’s not required that you work with a lawyer after a dump truck accident, but it’s in your best interest to do so. A New York City dump truck accident lawyer will be able to review your case, investigate the accident, and help you get the compensation you deserve.
Contact Isaacson, Schiowitz & Korson, LLP To Schedule a Free Case Evaluation Today
If you or a loved one has been involved in a dump truck accident, contact Isaacson, Schiowitz & Korson, LLP today to schedule a free case evaluation. Our legal team will be able to review your case and help you determine the best course of action.