California Dump Truck Accident Attorneys
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California Dump Truck Accident Attorneys Who Prioritize Your Legal Needs
Dump truck accidents can result in severe injuries, expensive medical bills, loss of income, and emotional suffering. Injury victims may need legal representation when seeking fair compensation for their pain and suffering. At Arash Law, managed by Arash Khorsandi, Esq., we’re more than just attorneys. We are committed to being the voice of the injured. Call us at (888) 488-1391 for a free initial case consultation.
Dump trucks are essential to the construction industry. The construction work is critical to maintaining a robust physical infrastructure, housing our citizens, and making general progress nationwide. Dump trucks make this vital work possible, being the most common among all the large vehicles that swarm our roadways.
Dump trucks usually have an open bed operated by hydraulics, which allows them to smoothly deposit their contents behind or beside them at the point of delivery. These trucks often move large cargoes of loose construction materials, including sand, dirt, and gravel. When dump trucks are driven responsibly by appropriately trained and experienced drivers, they safely provide an essential service.
On the other hand, dangerous accidents can happen when companies in charge of the dump trucks and their drivers fail to meet their essential responsibilities. If you or someone you love has been injured in an accident involving one, consider consulting an experienced California dump truck accident lawyer.
What Are The Most Common Types Of Dump Trucks?
As their name implies, dump trucks use hydraulic systems to dump essential building materials at construction sites. The following are various dump trucks on our highways and byways:
- Standard Dump Truck — This truck is the kind you’re probably most used to seeing. It includes a moving bed that’s mounted to the frame. Standard dump trucks have better maneuverability than most other types.
- Transfer Dump Truck — This truck is a standard dump truck that pulls a separate trailer with a movable cargo container powered by its electric motor. This setup maximizes payload without sacrificing too much maneuverability.
- Semitrailer End Dump Truck — This truck has a trailer connected to a hydraulic hoist that dumps the load from the trailer’s back, allowing for a considerable payload.
- Semitrailer Bottom Dump Truck — This truck is a standard semi with a belly dump on its trailer. This belly dump has a dump gate like a clamshell that opens at the bottom of the trailer and can leave its contents in a linear heap (unlike standard dumping mechanisms).
- Side Dump Truck — This truck is a semi-truck that pulls a semitrailer with hydraulic rams that allow it to dump the contents of its trailer either to the right or to the left side, which results in very rapid unloading.
There are many kinds of dump trucks on our roadways, and because of their immense weight, massive size, and the nature of their cargo, they are often associated with serious traffic accidents. If you or a loved one has been injured in a collision with a dump truck, you may want to speak with a California dump truck accident lawyer to learn more about your options for pursuing compensation.
Paz v. Airfax Logistics (settled on 5/26/2020) – settlement in a case involving a client who was involved in a trucking accident and sustained a traumatic brain injury and other trauma.– Tina Eshghieh
What Is The Maximum Legal Weight For A Loaded Dump Truck In California?
In California, the maximum legal weight for a loaded dump truck (or any commercial vehicle) is determined by a combination of federal and state regulations. A truck’s weight depends on several factors, including its many axles and the spacing between them. Based on the rules provided by the California Department of Transportation (Caltrans) and the Department of Motor Vehicles (DMV), the maximum weights for a loaded dump truck are:
- For a single axle (including light-duty pickups and small city dump trucks), the weight limit is generally 20,000 pounds.
- For tandem axles (two axles grouped closely together), the limit is typically 34,000 pounds.
- The overall gross weight limit for most interstate highways in the U.S., including California, is 80,000 pounds for vehicles with a standard configuration.
However, these figures can vary depending on specific conditions and roadway designations. Some roads, bridges, or areas may have different weight restrictions. Also, permits can be obtained for oversized/overweight vehicles, which can change the allowable limits.
Driving an overweight vehicle is a criminal offense and misdemeanor under the California Vehicle Code (CVC). An individual convicted of a misdemeanor may be placed on probation for up to six (6) months in county jail and/or fined up to one thousand dollars ($1,000).
If you were injured in a dump truck accident, don’t hesitate to contact California dump truck accident lawyers. They know how to identify potentially liable parties and help you pursue damages for the injuries you have sustained in the truck crash.
What Is The Payload Capacity Of Dump Trucks In California?
Based on the California Vehicle Code (CVC), the payload capacity of a dump truck in California depends on several factors, including the truck’s specifications, type, and axle configurations. Federal and state regulations set California’s weight limits, considering the Gross Vehicle Weight Rating (GVWR) and axle limits.
Typically, in California, a three-axle truck can carry a maximum of 15 tons or 30,000 pounds, while a truck with a trailer, depending on the number of axles, might carry up to 80,000 pounds under federal regulations. However, certain conditions, permits, or routes can alter these weights.
Dump Truck Loads: The Heavier, The More Dangerous
Dump trucks play an essential role in construction work, but their primary function is to make repeated hauls. Dump truck drivers are mainly paid by the weight of their haul and the number of hauls they can complete in a day. The pressure brought by this system to the drivers leads to inherent dangers that make dump truck accidents much more likely, including the following instances:
- Being paid by the weight of one’s load incentivizes truckers to overload their dump trucks.
- The heavier the dump truck, the more difficult it is to maneuver safely and the longer it takes to bring it to a safe stop. Both of these factors can contribute to dangerous accidents.
- Dump trucks that are overloaded have a higher probability of rolling over in accidents.
- Overloaded dump trucks are more likely to release dangerous debris on the roadway, which can strike cars and lead to hazardous accidents.
- Being paid by the number of runs made per day incentivizes dump truck drivers to fit in as many hauls as possible. This can lead to speeding and other reckless behaviors, and driving while exhausted.
Dump trucks and their drivers are held to the same exacting standards as big-rig trucks and their drivers. The nuances of these regulations are highly complicated, making accidents involving these large vehicles more challenging. If you are injured in such an accident, you may need support from skilled California dump truck lawyers.
What Are Some Causes Of Dump Truck Accidents?
Dump trucks are massive vehicles used to haul loose construction materials, including sand, gravel, and concrete. Because they can haul a tremendous amount of weight, dump trucks are among the heaviest vehicles on our roads and are, thus, involved in some of the deadliest accidents. Certain physical qualities related to dump trucks make them more prone to dangerous accidents:
- Dump trucks sit higher off the ground than other vehicles, putting them at greater risk of dangerous underride accidents.
- Dump trucks have massive blind spots or no-zones around them. This makes passing dump trucks or driving near them much more dangerous (the truck driver can’t see you when your vehicle enters one of its no-zones).
- The construction of dump trucks leaves them with a high center of gravity in the dumper section. A relatively light trailer can lead to physical imbalances, causing unintended movement and even rollovers.
Because dump trucks are intended to dump their loads, some deadly accidents are caused when loads are dumped inadvertently or prematurely. Wrongful deaths resulting from these types of accidents are not unheard of.
Who Is Responsible For Dump Truck Accidents?
Every dump truck accident is caused by its own unique set of circumstances. Nevertheless, several significant factors often play a role in these dangerous incidents.
Dump Truck Driver’s Negligence
Dump truck drivers are required to follow strict safety regulations while operating their vehicles. If an accident occurs, a lawyer may assess whether the driver’s actions, such as driving under the influence, driving while fatigued or distracted, or failing to follow traffic signs and signals, contributed to the crash. Determining potential liability involves reviewing these factors along with the facts of the accident.
Poorly Maintained Equipment
Federal and state regulations require that dump trucks be maintained in good working order. This entails regular maintenance. When the construction company fails to keep a dump truck in safe working order, it can lead to deadly accidents. These companies are responsible for sending out roadworthy dump trucks, and they can be held legally accountable when failing to do so leads to an accident.
Manufacturing Faults Or Defects
Heavy equipment like dump trucks must be manufactured with utmost integrity. When a manufacturer sends out an unsafe, unstable, unreliable, or otherwise dangerous machine, it can be liable for any resulting accidents and injuries.
Unsafe Road Conditions
California’s cities are generally responsible for keeping their roadways reasonably safe. For instance, a fully loaded dump truck hitting a nasty pothole can cause incredible damage. Conversely, if the dump truck swerves to avoid the unexpected obstacle, it represents another obvious danger on the roadway. Malfunctioning traffic lights and signals can also lead to dangerous dump truck crashes. The city’s negligence can be cited in the legal claim in such commercial accidents.
Dump truck accidents don’t always take place on our roadways. Accidents at worksites can also be common because these vehicles are tasked with unloading heavy loads at these construction sites.
What To Do If You Are Injured In A California Dump Truck Accident
Getting injured in any type of accident can leave you feeling overwhelmed. To help you, here are steps you can follow if you were injured in a dump truck accident:
Seek Immediate Medical Attention
Seek immediate medical attention, even if you don’t think you were seriously injured in the accident. Some injuries, including whiplash, traumatic brain, and spinal cord injuries, don’t show symptoms until they become more severe and difficult to treat. Remember that early diagnosis is very closely associated with improved prognosis, so always err on the side of caution.
Understand Your Role: Do Not Admit Fault, But Write A Journal
If you are in a dump truck accident, it’s essential to understand your role as you move forward. If you hear from an insurance adjuster, remember that you are not obligated to give a formal, recorded statement. Dedicated California dump truck accident lawyers can deal with them on your behalf.
Furthermore, do not admit fault regarding the accident. Your attorney will help determine potentially responsible parties, and even if you are found partially at fault, it does not mean you can’t seek damages.
Finally, write down everything you can remember about the accident in as much detail as possible as soon as you can. In this way, you can preserve as much important information as possible before the stress of the situation plays tricks with your memories. This document can prove invaluable as your case progresses.
Dump Truck Accidents And Insurance Companies
Because dump truck accidents are often so severe, they can involve millions of dollars in damages. Insurance companies generally work to limit the amount they pay out on claims, which means they may challenge or dispute liability soon after an accident. This can make it harder for injured parties to recover the compensation they need for medical care, lost wages, and other damages. Speaking with a California dump truck accident attorney can help you better understand the claims process and your legal options.
The Statute Of Limitations: The Deadline Of Pursuing A Dump Truck Accident Claim In California
If you want to file claims for a wrongful death or personal injury lawsuit in California, you must start the process immediately to meet the filing deadline. You only have two years from the date of the accident to file an injury claim. If you bring a lawsuit beyond the specified period, the judge will likely dismiss your case.
Exceptions To The California Statute Of Limitations
Like other states, California has provided several extensions to the deadline for bringing accident lawsuits. Some exceptions significantly lessen the timeframe, while others make it longer. Therefore, speaking with knowledgeable California dump truck accident lawyers is advisable to determine how much time you have to take action.
An exception to the general rule is filing a case against governmental organizations. If you are dealing with the municipality or a governmental agency for personal injury cases, you have only six months to file your claims. After conducting an internal investigation, the government has 45 days to decide whether to grant the request.
If the government denies your claim, you generally have six months from the date the denial letter is mailed to file a formal lawsuit. If the government does not respond within the 45-day review period, the ordinary two-year statute of limitations for personal injury claims usually applies, measured from the date of the injury.
If the process feels overwhelming, you don’t have to go through it alone. A California dump truck accident lawyer can explain your rights and guide you through the steps of pursuing compensation.
If A Dump Truck Accident Leaves You Injured, Contact An Experienced California Injury Attorney
Dump truck accidents are exceedingly dangerous. If such an incident leaves you or your loved one injured, Arash Khorsandi, Esq., and his dedicated legal team at Arash Law are here to help.
Our dedicated dump truck accident lawyers in California have the knowledge, skill, and compassion to help you pursue your claim following California laws. We are here to help 24/7, so don’t hesitate to call us at (888) 488-1391 for a free initial consultation.
