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Any crash with a truck is going to be severe for someone in a passenger vehicle, but the dangers are heightened when it involves a dump truck carrying a significant amount of material. When this happens, call our local truck accident attorneys immediately. We can help you make a valid claim for damages after a dump truck accident in Indianapolis.
There are many causes for dump truck accidents in Indianapolis, and because of the unique shape of the vehicle, there may be additional causes that do not apply to other cars or trucks. It is common for debris to fall out as they are driving, or there may be situations where the overall structure causes damage to other cars or property. Dump trucks can be found all over the city but they tend to be more prevalent near construction sites, or any location that requires hauling debris, like rocks, dirt, or sand.
Injuries caused by a dump truck tend to be more serious than injuries caused by a passenger vehicle, due to the size and weight difference. Typical injuries include back and neck injuries, as well as broken bones.
The contents of the dump truck can influence both how the accident occurs, as well as the seriousness of the injuries. It is very important to load a dump truck in a manner that does not allow the truck to be unbalanced. Whether the dump truck is carrying rocks or some other form of debris, the driver must always be vigilant about the load they are carrying.
When a dump truck accident occurs in Indianapolis, the insurance company will try to minimize any possible settlements and they may dispute liability or minimize the injuries the plaintiff sustained. Insurance adjusters who work with these commercial trucks tend to be more sophisticated than adjusters handling passenger vehicles. In addition, because a dump truck is a commercial vehicle, it typically has much higher insurance limits.
To make a recovery for damages in this accident, a personal injury lawyer must prove that the accident was the fault of the truck driver or their employer. If the accident is the plaintiff’s fault, even though a dump truck is involved, there will be no recovery.
The company which owns the truck can also be held liable for any accidents which are the fault of its driver, and the business which loaded the truck can sometimes also be held responsible under certain circumstances. It is advisable to conduct a thorough investigation so that all potentially liable defendants are included in the claim.
Unlike tractor-trailers, dump trucks typically will operate in a local area. Most of the time, they will remain in the same state, although not always. If a debris-hauling truck operates in multiple states, then it must comply with the rules and regulations of each state they are operating in. Generally speaking, a lawsuit is brought in the state where the accident occurred, though there can be exceptions to this.
Interstate tractor-trailers are governed by federal regulations. Dump trucks are typically governed by state regulations. If a dump truck is involved in an accident in a state other than Indiana, that state’s laws would apply. For interstate trucks, there is a federal guideline that applies to all trucks in interstate traffic.
Each state has mandatory minimum insurance coverage for various types of vehicles while two states may have different limits. If a dump truck is doing business in that state, it must comply with the minimum insurance rules for that state. With interstate truckers, there is a federal minimum insurance limit that applies throughout the country.
Drivers who are carrying tons of rubble or dirt should be extra careful when navigating the roads. If they were negligent and caused you compensable damages, we must hold them accountable. Call McCready Law for legal aid after a dump truck accident in Indianapolis.