Jackson, TN Dump Truck Accidents
Dump trucks are some of the largest and heaviest vehicles on the road today. They can easily weigh as much as 80,000 pounds when fully loaded with construction materials like sand and gravel. These heavy trucks can completely dwarf an average four-door car, which only weighs around 4,000 pounds. Thus, dump truck accidents have the ability to cause catastrophic damages to another vehicle. It is common for injured parties to suffer harm such as broken bones, lacerations, concussions, and paralysis after an accident with a dump truck. At Nahon, Saharovich & Trotz, our Jackson truck accident lawyers work tirelessly to fight for those who have been injured by careless drivers in the Jackson area. We are the largest personal injury law firm based in Tennessee, and we aggressively fight for our client’s legal rights. In doing so, we have successfully obtained over $1.5 billion in settlements and verdicts for the injured parties we have represented.
Obtaining Compensation for Personal Injuries Caused by a Dump Truck Accident
Dump truck drivers must follow safety standards at all times. Dump trucks often travel in reverse, so drivers must take proper steps to avoid backing into a smaller car in their blind spot. It is also imperative that drivers ensure their cargo is secure. A heavy-impact dump truck accident may cause a wrongful death that could have been prevented through ordinary care and caution.
To successfully recover damages after a dump truck accident, the injured party may need to prove that the driver was negligent in the operation of the dump truck. To meet this burden of proof, the injured party will need to show that the dump truck driver owed duty of care, breached that duty of care, that the breach caused the accident to occur, and that the injured party suffered damages as a result thereof. For example, if a dump truck ran a red light and T-boned you, it most likely will be held the dump truck driver was negligent because he violated a traffic law. Another example common in dump truck negligence cases is the improper fastening of a load, which results in loose materials that fly out of the bed and into the middle of the road, either striking your car or causing you to swerve and crash.
Experienced trucking crash attorneys know to look for signs of the defendant driver’s negligence as well as the employer. If the accident happened while the driver was acting in the course and scope of his employment, the employer could be held vicariously liable for the driver’s actions. Moreover, the employer could be held directly liable if it violated safety standards or regulations. For example, an employer could be held directly liable for negligent training of an employee, failure to maintain the truck, or negligent supervision.
It is important to contact a truck accident attorney soon after your accident so all possible theories of negligence can be considered. Generally after an auto accident caused by someone else, the injured party is able to recover for both economic and non-economic damages. To recover economic damages, the injured party will need to show evidence of medical bills, lost wages, and out of pocket expenses incurred as a result of the crash. Non-economic damages usually include pain and suffering, mental anguish, and loss of enjoyment of life, to name a few.
Holding a Trucking Company Liable for Crashes Caused by the Fatigue of Its Driver
Since a majority of truck accidents involve truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has established regulations requiring drivers to take rest breaks while on the road. Specifically, certain truck drivers may drive no more than 60 hours in seven days or 70 hours in eight days. Certain property-carrying truck drivers must also rest a minimum of 10 consecutive hours before being able to drive a maximum of 11 consecutive hours. To promote compliance with these regulations, truckers are required to consistently log their driving time and distance.
Tennessee law recognizes the doctrine of respondeat superior, or vicarious liability, which states an employer may be held responsible for the negligent actions of its employees. Under this theory, if a drowsy or tired truck driver causes a collision with another vehicle during the course and scope of his employment, then the company may be on the hook for the victim’s damages. This often allows victims to pursue a larger recovery for their injuries, as trucking companies are required to carry insurance coverage with higher commercial limits than the average person. For example, trucks carrying goods across state lines must abide by the FMCSA, and typical policy limits range between $750,000 to $1,000,000. Trucks carrying hazardous materials may be subject to higher standards.
Speak with an Experienced Injury Attorney in Jackson, Tennessee Today
If you have been involved in a dump truck accident in the Jackson area, contact Nahon, Saharovich & Trotz. We will be able to quickly evaluate your situation and help point you in the right direction. Call Nahon, Saharovich & Trotz at 800-LAW-4004 or complete our online form to set up a free consultation with a trucking crash lawyer. NST is the way to go.
