Construction is a common part of roadway maintenance, accidents from a negligent dump truck operator are not. If you were harmed because of a construction vehicle, you may need the services of an attorney. A Charleston dump truck accident lawyer could fight for the compensation you need following your wreck.
What are the Legal Options for Compensation Following a Dump Truck Wreck?
Dump truck accidents usually fall under a workers’ compensation situation where someone is working on a construction site and they are injured. Many times, it is the employer’s dump truck, so the exclusive remedy is the Workers’ Compensation Act. On a job site, there are contractors, subcontractors, and different groups that do not necessarily have the blanket of protection an employer has for the exclusive remedy being workers’ compensation.
Those are third-party cases. When an individual works for an employer and is injured by a commercial box truck, they have a workers’ compensation case. Also, if the dump truck is owned and operated by someone who is not the employee or subcontractor of the employer, there may be a third-party case against the driver and the company for the dump truck in addition to the workers’ compensation case. Dump trucks are involved in many types of accidents and cause injuries away from a job site. They usually occur at construction, building, and work sites.
Common Causes of Accidents
Common causes of Charleston accidents include commercial box trucks run into other vehicles, back up without keeping a proper lookout and back into vehicles, pedestrians, or other people on a job site. Sometimes, the operator dumps a load of materials that falls onto people below and causes injuries.
Locations of Many Construction Truck Collisions
Charleston is one of the fastest-growing cities in the State of South Carolina and the Southeast. There is a great deal of construction going on, including residential home building and construction of condominium units, hotels, and commercial buildings. When those types of projects begin, trucks are moving earth and clearing trees.
With the amount of industry moving into South Carolina, specifically to the Low Country and Charleston in recent years, the area is experiencing significant growth in the construction aerospace, automotive manufacturing, and technology industries. These are massive projects with substantial builds that require heavy equipment to complete the job. A big part of those projects are various commercial dumping vehicles that help facilitate the building process.
How Loads Change the Outcome of Wrecks
There are many variations of commercial dumping vehicles used on the highways and in construction zones. Because of the unique shapes, size, and handling of dump trucks, different factors may contribute to a collision. A dump truck could weigh as much as 80,000 pounds. When more weight is added to the vehicle by carrying a load, any impact could cause greater damage and significant injuries. A dump truck accident could change based on the type and weight of substance being carried by the truck.
What is the Role of an Insurance Adjusters in a Dump Truck Accident Case?
In a dump truck accident, an insurance adjuster looks at liability and who is at fault for the accident. Sometimes, there are accidents involving dump trucks where the dump truck may not be at fault. Liability could be driver error, failing to maintain the vehicle, or opening up the box of the truck without proper notice and warning. If there is no responsibility on the part of the dump truck driver, the insurance adjuster should know that because no money is owed to the injured party.
If there is liability and the adjuster understands the dump truck operator did something wrong, they identify the types of damages and injuries that were caused by the dump truck accident. The insurance adjuster evaluates the mechanisms of injuries and considers whether the injuries that are alleged by the injured party are reasonably related to the fault and the accident of the dump truck operator. Damages include medical bills, lost wages, and other expenses incurred by the injured party.
Compensation for Dump Truck Injuries
A dump truck case is unlike any other case when it comes to an accident or injury case in Charleston or in South Carolina. The injured party wants to be made whole based on the damages they suffered as a result of the negligence of the dump truck operator. The damages may include past medical bills, future medical treatment, past lost wages, future lost wages, pain and suffering, loss of life, and the enjoyment of life because of the injuries and inability to do former activities.
When the injured party has a significant other or a spouse, the damages may include the loss of consortium and loss of services. The at-fault driver is responsible to provide services of those that are lost to the injured party and to their spouse like any personal injury case. The damages incurred by the injured party should be documented, quantified, and calculated to identify the appropriate values to pay the person for their losses as a result of the dump truck accident.
Call and Speak with a Lawyer
If you were harmed by a construction vehicle, then you may need the services of a Charleston dump truck accident lawyer. Call today to start your confidential consultation and begin your financial recovery process.