Cement Truck Accidents
All trucks pose significant dangers to other drivers, pedestrians, or bicyclists on the road when they are involved in a crash. However, cement trucks, due to their shape, weight, and size, are even more likely to cause significant injuries in a collision. Many accidents involving cement trucks are due to driver error or to a company’s negligence in allowing an unsafe vehicle or inadequate operator on the road. The Miami cement truck accident attorneys at the Law Offices of Robert Dixon help South Florida residents injured in these collisions pursue legal action against any at-fault parties.Bringing a Negligence Claim after a Cement Truck Accident
Cement trucks are at high risk for accidents due to a host of factors involved in the truck itself, as well as its cargo. Since wet cement needs to be delivered in a speedy manner so that it does not harden during transport, drivers are often in even more of a hurry than others carrying less time-sensitive materials. Given this pressure, a cement truck driver may be more likely to rush to a destination in an unsafe manner. Cement trucks also have distinctive attributes that render them especially dangerous, including a susceptibility to rolling over and issues with maneuverability.
If you have been involved in an accident with a cement truck, you may be able to pursue financial compensation for your harm by filing a personal injury lawsuit against the responsible parties. To prevail on a claim, an injured plaintiff must show that the defendant, usually a driver or a trucking company, was negligent.
Negligence is established by showing that the defendant owed the plaintiff a duty of reasonable care and that this duty was breached by the defendant’s actions. A plaintiff must show that the negligent act was a proximate cause of his or her injuries and that it resulted in damages. Truck drivers are expected to act as a reasonable and prudent driver would behave under similar circumstances. This duty includes adhering to federal and state trucking regulations to ensure the safety of others in the vicinity of these massive vehicles. For instance, a cement truck driver who lacks adequate training and fails to maneuver his vehicle properly, causing it to sideswipe a car, would likely be seen as negligent. A trucking company that employed an untrained driver may also be held liable.
If liability is established, damages may include past and future medical expenses, loss of income, lost earning capacity, property damage, and pain and suffering. Due to the parties and interests involved in a cement truck accident, “spoliation of evidence” may occur at the scene of the crash. Spoliation refers to the alteration, destruction, or intentional loss of key evidence by a party to hinder legal proceedings. If it occurs, a judge may issue sanctions against the offending party in the form of entering default judgments, striking pleadings, or even dismissing claims.Enlist a Miami Attorney for a Cement Truck Accident Case
If you or a loved one has been injured in an accident involving a cement truck, the motor vehicle collision attorneys at the Law Offices of Robert Dixon can help you seek the compensation to which you may be entitled from negligent parties. Call (877) 499-4878 or contact us online to schedule a free, no-obligation consultation with a Miami cement truck accident lawyer. We also represent people in Fort Lauderdale, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties.