CEMENT TRUCK ACCIDENTS
Cement truck accidents happen every day in the United States. According to the National Ready Mixed Concrete Association (NRMCA), there are thousands of cement truck accidents in the United States each year. In 2014, for example, the NRMCA1 report 876 cement truck accidents relating to backing up. They reported another 76 rollover accidents in the same time period. Our experienced truck accident lawyers explain what you need to know about cement truck accidents.
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Cement Truck Accident
For the people who work with cement trucks, and for the public alike, cement trucks can be dangerous. When an accident occurs, the damages are often devastating. There are several reasons why cement truck accidents are so dangerous:
- Work with cement trucks often occurs near the public, like on a busy public highway full of travelers.
- A cement truck is a large vehicle. It can be hard for the driver to see, and it can be hard for other drivers to know if the cement truck driver can see them.
- Drivers are often under pressure to work quickly. Even though a cement truck is a large piece of equipment, the driver may feel pressured to rush through a job or work with inadequate training.
- Because of its size, a cement truck doesn’t always stop quickly.
- A cement truck weighs much more than a typical car. When a crash occurs, the truck exerts a great deal of force.
For a variety of reasons, cement trucks are a hazard to the public. If you’re hurt because of a cement truck accident, you may deserve financial compensation.
Cement Truck Injury Lawsuits
When you’re hurt by a cement truck, the driver or the company that they work for may be responsible for negligence. Generally, negligence is the legal standard for recovery; that is, you can recover monetary payment for your injuries and damages when you’re hurt because of the negligence of someone else. As far as cement truck injury lawsuits are concerned, negligence just means a lack of ordinary care based on the totality of the circumstances.
Compensation for a Cement Truck Accident
Winning fair compensation for cement truck accident lawsuits requires being aware of several different areas of law that may impact your claim. For example, the claim may involve numerous motor vehicles. State laws for car accident compensation can vary significantly. In addition, there may be insurance companies that are a welcome resource to pay compensation.
Cement Truck Accidents and Employer Liability
A cement truck is almost always owned and operated by a business. It may be the business that’s responsible for your claim. There may be standards for commercial drivers that apply under the law. In all cases, the business has a responsibility to hire only qualified drivers and train them appropriately. The cement truck driver acts as an agent of the business. Because of the agency relationship, you can hold the business responsible for the actions of the cement truck driver.
The business likely has liability insurance that can step in and pay for your damages. It’s important to research whether you should name the business as a responding party in your cement truck lawsuit. Naming the business is often an important legal strategy that is critical to getting fair compensation for your cement truck injury.
Cause of Action for Cement Truck Accident
One crucial aspect of any cement truck accident claim is stating the right cause of action for the claim. Each case must have a clear statement of the type of case and the legal basis for the recovery. For example, negligence is likely one cause of action for the claim. In a negligence action, you state that the other party breached a duty of care, that injury resulted, and that your claim is a negligence action.
In addition to negligence, there are other causes of action that may be important to your case. For example, the cement truck company has a duty to hire and employ only qualified workers. If a worker doesn’t do their job properly, the company must retrain them or discharge them from employment. When an accident occurs because of an unqualified worker or a poorly trained worker, negligent hiring can be another grounds for legal liability for a cement truck accident.
Claims Against the Cement Truck Manufacturer
A cause of action for a cement truck accident may not be against the company using the cement truck. The case might be against the company that made the cement truck. A manufacturing defect or a design defect may make the truck unsafe. When the truck manufacturing company makes the error that causes the accident, they’re the company that has a financial responsibility to victims.
How Can a Cement Truck Accident Attorney Help Me?
With multiple parties possibly responsible for a cement truck accident, and with multiple causes of action, it’s essential to prepare your cement truck lawsuit carefully. An experienced attorney for accident claims knows how to investigate to determine what causes of action may apply and who to name in the case. They can help you do everything necessary to make the most of your claim. In addition, they can help you work effectively to make your claim as manageable and understandable as possible.
Some of the compensation that you may receive for your cement truck accident includes:
- Reimbursement for medical bills
- Payment for projected needs for future medical treatment
- Makeup payments for lost wages
- Compensation for physical pain
- Just payment for not being able to do activities that you used to enjoy
- Help with household tasks like yard maintenance and dependent care
- Compensation for any other losses that you have because of the cement truck accident
With an experienced attorney by your side, you have a professional ready to do everything that it takes for you to get top dollar for your cement accident claim. Often, you can recover much more than you would have recovered by trying to handle your cement truck accident case on your own.
Colorado Attorneys for Cement Truck Accidents
Our Colorado attorneys for cement truck accidents are proud of our history fighting for accident victims. If you’ve been hurt in an accident, let us show you how justice is our passion. Call us today for a free consultation about your claim. We are conveniently located at 5 Colorado locations near you in Denver, Fort Collins, Colorado Springs, Aurora, and Englewood. Our attorneys are ready to serve you and fight for the compensation you deserve.
Sources
[1] National Ready Mixed Concrete Association (NRMCA). July 2014. 2014 National Ready Mixed Concrete Association Fleet Benchmarking and Costs Survey. [PDF]. Retrieved 4 November 2019
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Written and Legally Reviewed By: Kyle Bachus
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Kyle is a member of the Colorado Bar associations and has served on the Board of Directors of the Colorado Trial Lawyers Association for more than twenty years in total. Over the years, Kyle has achieved justice for many clients. He has served on numerous committees and repeatedly won recognition from his peers at both the state and national level. He is proud of the role he has played in the passage of state and national legislation to protect consumers and is a frequent speaker and guest lecturer.
