Dump trucks are a common sight in Atlanta, but these massive commercial trucks are also one of the most dangerous vehicles on the road. A wreck involving a dump truck and a smaller vehicle often leaves victims with catastrophic injuries and life-altering financial losses. If you or a loved one has been injured in one of these accidents, hiring an experienced Atlanta dump truck accident attorney is one of the most beneficial things that you can do to protect your future.
Dump truck crashes are different from ordinary car accidents. These vehicles are much larger, heavier, more difficult to maneuver, and often carry loads that are loose or heavy. These factors all make dump trucks more dangerous than typical passenger vehicles. Dump truck crashes arise from multiple sources, including driver mistakes and inadequate truck maintenance, along with dangerous company policies. In most cases, the consequences are catastrophic.
Liability is another important distinction between regular car crashes and dump truck accident cases. In most crashes, only one driver is responsible. Liability in a dump truck accident can fall on many shoulders. The driver may be at fault, or the trucking company, a contractor, or even a government entity. These multiple layers of liability make these cases more complex, and a legal team with the right experience and resources becomes essential.
In 2021, there were 476 fatal dump truck accidents, accounting for 8.4% of fatal truck accident deaths. There were also 5,651 injury crashes and 9,027 towaway crashes. In one five-year period, there were ten cases of dump trucks that crashed into overpasses in Georgia.
Each case is unique when it comes to dump truck accidents. These accidents can be caused by a number of reasons. Some of these causes include:
Injuries from dump truck accidents tend to be severe and often result in long-term or permanent disabilities. Some common injuries from dump truck accidents include:
These are not the types of injuries you recover from with a few weeks of rest at home. Most require multiple surgeries and years of rehabilitation and medical treatment.
In some cases, even less severe injuries, such as internal bleeding or soft tissue damage, can cause issues that may have a negative impact on your health and ability to work for many years to come. In Georgia, injury claims must be filed within two years of the injury.
Determining liability in dump truck accidents can be complicated, and navigating this process must be done within Georgia’s personal injury statute of limitations. In a simple two-car fender bender, it’s typically pretty clear who was at fault. Multiple parties can be held accountable for accidents involving dump trucks. If a driver had to work excessive hours without breaks, the responsibility could fall on both the driver and their employer. In incidents where faulty brakes cause accidents, both the brake manufacturer and maintenance contractor may share liability.
The list of potentially responsible parties could also include government agencies if the dump truck is operated by a county or city agency. The State of Georgia has very specific notice and filing requirements for claims against government agencies, and it’s important to have an attorney who is familiar with those requirements to help you.
Damages in dump truck accident cases can be significant. In Georgia, accident victims can seek compensation for the financial and emotional losses they suffered as a result of an accident. Damages in a personal injury claim can cover all medical bills, hospitalization, rehabilitation, lost income, loss of future earning potential, and future medical expenses.
The injured victim can also recover compensation for all of the pain and suffering the injuries have caused. This includes physical and mental pain and suffering, mental anguish, and loss of enjoyment of life. Punitive damages may be awarded when the conduct involved was reckless or intentional. Punitive damages go beyond simple compensation for losses and are intended to punish and deter the wrongdoer.
To prove what occurred in a dump truck crash, it is necessary to have compelling evidence. An Atlanta dump truck accident lawyer can secure drivers’ logs, maintenance records, company policies, and even the truck’s black box. Accident reconstruction professionals may review the crash site, while medical professionals can connect the injuries to the accident. Witness testimony and police reports are also key evidence.
Keep in mind that trucking companies and insurers are likely to begin their investigation right after a crash. They have teams of professionals who work hard to defend themselves and to mitigate liability. Therefore, victims should act quickly to increase the likelihood of success with their claim with the help of skilled legal counsel.
While the aftermath of a dump truck accident can be traumatizing and overwhelming, there are steps you can take to help secure an optimal result and obtain the compensation you need to move forward. If you are involved in a dump truck accident, begin by doing the following:
Stephen T. LaBriola is an attorney who practices law in Atlanta and Georgia. Stephen T. LaBriola represents clients in personal injury and wrongful death matters alongside commercial litigation and complex trial cases. Stephen is a former Deputy District Attorney and a graduate of NYU School of Law. He has tried and settled cases for more than three decades.
Stephen T. LaBriola is recognized for his professionalism, hard work, and being 100% dedicated when he takes a case, and he has received top ratings from his peer review process. He is a leader with the Atlanta Bar Association. Stephen handles cases ranging from tractor-trailer crashes to high-end litigation and offers his clients strategic representation and a personal touch. He regularly practices in front of local courts such as the Fulton County Courthouse.
It can be difficult to pinpoint an average settlement for a truck accident in Georgia. Settlements range significantly based on the specifics of the case. Typically speaking, accidents that include significant injury and property damage will result in larger payouts than those that have minimal to no property damage and minor injuries.
The amount you will get from your dump truck accident settlement will depend on the details of your case. An attorney can help you understand what you may be entitled to, but claims typically involve economic expenses, such as payment for your medical bills, lost wages, and property/vehicle damage. It may also include non-economic damages, such as pain and suffering.
Yes, it is worth getting an attorney for a dump truck accident. Truck accidents are usually more complex than simple car accidents and can involve multiple liable parties. An attorney can examine the evidence and determine who the liable parties are, so you can receive maximum compensation from all who are responsible.
If you were injured in a dump truck accident, Stephen LaBriola is here to help you with your case. Contact us today to get started.