Dump Truck Accidents

Representing Victims of Dump Truck Accidents in Tennessee, Georgia, and Alabama

A dump truck is typically used for transporting raw materials, building materials, debris, and waste for purposes of construction. Because these commercial vehicles feature an open-box bed, properly loading and securing cargo is extremely important. Spillage represents a major threat to others on the road, and an imbalanced load can also cause drivers to lose control of these large vehicles. If you sustained injuries in a dump truck accident, you need legal professionals who are familiar with how to strategically approach cases involving commercial vehicles. 

Our team at The Hamilton Firm LLC offers aggressive, knowledgeable, and ethical representation to individuals and families harmed by dump trucks in Tennessee, Georgia, and Alabama. Our Chattanooga dump truck accident lawyers are ready to put our nearly 100 years of collective legal experience to work for you and recover the maximum damages available in your case. With over $100 million already secured for our clients, our firm’s track record speaks for itself. Our commitment to providing a personal level of service and attention means you can expect direct communications from one of our attorneys and the responsive, detail-oriented support needed to obtain an optimal outcome.

We charge no upfront fees, and you will owe nothing unless we win or facilitate a favorable outcome. Call (423) 454-3288 or contact us online to schedule a free initial consultation today to get started with our Chattanooga dump truck accident attorney.

What to Do After a Dump Truck Accident

Knowing what steps to take after a dump truck accident can make a substantial difference in protecting your rights and strengthening your case. Here are the key steps to consider:

• Seek Medical Attention Immediately: Your health and safety are the priority. Even if you feel fine initially, injuries from accidents can have delayed symptoms, such as whiplash, internal bleeding, or concussions. Seeking prompt medical evaluation will ensure you receive the necessary care and assemble a record of your injuries.
• Report the Accident to the Authorities: Notify the police of the accident and make sure an official report is filed. A police report can be valuable evidence, detailing the circumstances and potentially indicating fault.
• Gather Evidence at the Scene: If possible, document the scene by taking photographs and videos of the vehicles involved, road conditions, weather, and any visible injuries. Collect contact information from witnesses who can deliver statements about the accident.
• Avoid Discussing Fault or Making Statements to Insurance Adjusters: Insurance companies may attempt to get you to make statements that could weaken your claim. Withhold from discussing details of the accident with insurers until you have legal representation.
• Contact a Dump Truck Accident Lawyer: Dump truck accident cases involve complex legal and insurance matters, and having an experienced lawyer can make a substantial difference. Our Chattanooga dump truck accident attorneys will handle communications with insurance companies, collect evidence, and advocate for your best interests every step of the way.

What Damages Can I Recover for Dump Truck Accident Injuries?

You can seek economic and non-economic damages through a dump truck accident lawsuit. Economic damages cover all of the expenses you have incurred and will incur due to your injuries, and this form of compensation is not usually capped. Non-economic damages refer to tougher to quantify consequences of an accident. They are capped in Tennessee but not in Georgia or Alabama. Total recoverable damages are generally limited when you sue the government. We can walk you through what limitations apply to your case and the types of damages you are entitled to under the law.

Our Chattanooga dump truck accident lawyers will fight to secure compensation for all losses, including:

• Past, current, and future medical bills
• Ongoing or permanent disability
• Loss of consortium
• Property damage
• Lost wages and earning potential
• Physical pain and suffering
• Mental anguish

If the injuries you sustained in a dump truck accident prevent you from coming to our office, one of our dump truck accident attorneys in Chattanooga can come to you. Call (423) 454-3288 or contact us online today.

What is a Dump Truck?

A dump truck, also known as a dumper truck or tipper truck, is a vehicle designed for transporting loose material, such as sand, gravel, or demolition waste. Dump trucks are characterized by a hydraulic lift mechanism at the front, which allows the front of the truck bed to be raised, enabling the material to be easily dumped or unloaded at the desired location.

There are several types of dump trucks, each designed for specific purposes. 

Some common types include:

• Standard Dump Truck: This is the most common type, featuring a truck chassis with a dump body mounted to the frame.
• Articulated Dump Truck (ADT): These trucks have a hinge between the cab and the dump box, allowing for better maneuverability on rough terrains.
• Transfer Dump Truck: Also known as a “slam-bang,” these trucks have separate trailer units that can be loaded independently and then attached to the main truck.
• Off-Highway Dump Truck: Designed for off-road environments, these trucks are larger and more robust than standard dump trucks.
• Side Dump Truck: These trucks have a hydraulic cylinder on the side of the dump body, allowing the material to be discharged to the side.

Dump trucks are widely used in various industries for hauling and transporting materials. 

Some of the industries that commonly utilize dump trucks include:

• Construction: Dump trucks are essential for transporting construction materials such as sand, gravel, and dirt to and from construction sites.
• Mining: In mining operations, dump trucks are used to transport large quantities of ore, rocks, and other materials from mining sites.
• Quarrying: Similar to mining, dump trucks play a crucial role in transporting materials extracted from quarries.
• Landscaping: Dump trucks are used to transport soil, mulch, and other landscaping materials for various outdoor projects.
• Waste Management: In the waste disposal industry, dump trucks are employed to transport and unload waste materials at disposal sites.
• Agriculture: Farmers use dump trucks for transporting crops, soil, and other agricultural materials.
• Infrastructure Maintenance: Dump trucks are involved in maintaining and repairing infrastructure, such as transporting asphalt, gravel, or debris from road construction and maintenance projects.

How Dump Truck Accidents Happen

Because of the size, weight, and unique handling of these vehicles, only licensed and properly trained professionals should operate dump trucks. Dump truck accidents can occur due to a variety of factors, ranging from driver negligence and recklessness to mechanical failure or poor road conditions. Though accidents can happen anywhere, including busy highways like the I-75, dump trucks traveling on roads with blind spots, narrow lanes, or sharp curves will generally be at greater risk for collisions.

Our Chattanooga dump truck accident attorneys are ready to assist you if you were in a wreck caused by:

• An inexperienced driver. A sufficiently trained dump truck driver will know these vehicles need extra time to safely stop and additional room to execute turns. When a driver does not receive important training, they could make a mistake that causes an avoidable accident.
• Distracted driving. Given the size and weight of their vehicle and cargo, a dump truck driver’s complete attention should always be on the road ahead of them. Becoming distracted by a cell phone or anything else increases the likelihood of a dangerous error.
• Fatigued driving. Dump truck drivers servicing construction sites often work long hours driving repetitive routes. It can be easy to become complacent and lose focus, especially as exhaustion sets in. Drivers of commercial vehicles are obligated to follow hours of service regulations and take mandatory rest breaks when directed.
• Intoxicated driving. It is illegal to drive any vehicle, commercial or otherwise, while intoxicated. A dump truck driver under the influence of drugs or alcohol is far more likely to misjudge a turn, speed excessively, or drive recklessly.
• Improper turning. Turns must be navigated slowly and carefully to avoid collisions with other vehicles and upsetting the balance of the dump truck. Attempting a turn too fast can trigger a rollover. 
• Poor weather conditions. Any weather that reduces visibility or makes roadways slick increases the chances of an accident. Dump truck drivers should be extra cautious when operating their vehicles during inclement weather. 
• Mechanical failure. A tire blowout or brake failure will generally result in a dump truck driver losing complete control of their vehicle, potentially causing a crash despite their best efforts. 
• Improperly loaded cargo. The open-box bed setup of a dump truck makes the proper loading and securing of cargo pivotal. If debris or construction materials are not properly secured, the vehicle may become imbalanced, or it could spill out of the vehicle and onto the road. 

Who Is Liable for a Dump Truck Accident?

Liability is not likely to be straightforward for a dump truck accident. You will need to determine who owns the garbage truck, who employs the garbage truck driver, whether a government employee or entity is involved, and the precise cause of the collision, among other pertinent facts. Multiple layers of ownership and insurance coverage may be relevant, but our team at The Hamilton Firm can help you ascertain who is responsible for your injuries and can be held accountable through legal action. That starts with a thorough, prompt investigation, including the gathering and preserving of accident records, data, and evidence. We will also interview all police officers, emergency response personnel, and witnesses whenever possible. 

Depending on the circumstances of the dump truck accident, one or more of the following parties may be liable:

• Dump Truck Driver: The driver of the dump truck can be held liable if their negligence, recklessness, or violation of traffic laws contributed to the accident. Factors such as distracted driving, fatigue, or impaired driving could be considered.
• Trucking Company or Broker: The company or broker that owns or operates the dump truck may be held liable. This could be due to factors such as inadequate hiring practices, insufficient training of drivers, or violations of safety regulations.
• Owner of the Dump Truck: If the dump truck is owned by an individual or entity separate from the trucking company, that owner could be held liable, especially if the accident resulted from poor maintenance or negligence on the part of the owner.
• Shipper or Warehouse: The entity responsible for loading the cargo onto the dump truck could be held liable if improper loading led to the accident. This includes securing the load properly to prevent spills or shifting during transit.
• Dump Truck or Vehicle Component Manufacturer: If the accident is attributed to a defect in the dump truck or its components, the manufacturer may be held liable for product liability. This includes issues with brakes, tires, or other essential components.
• Vehicle Maintenance, Repairs, and Inspections: Parties responsible for maintaining, repairing, and inspecting the dump truck may be liable if the accident resulted from poor maintenance or failure to address known issues. Regular inspections and adherence to safety standards are crucial.
• Insurance Companies: Insurance companies covering various parties involved, including the dump truck driver, the trucking company, or other entities, may be responsible for compensating victims and covering damages, depending on the terms of the insurance policies.
• State, City, or Local Municipality: If the accident was caused by poor road conditions, inadequate signage, or other issues related to road maintenance or design, the relevant governmental entity might be held liable.

What Is the Deadline for Filing a Dump Truck Accident Lawsuit?

If you do not file a lawsuit before the applicable statute of limitations expires, your claim will be dismissed, and you will not be able to collect any compensation. The amount of time you will have depends on the state where the accident took place as well as whether a government defendant is involved. 

The statute of limitations for truck accidents in Tennessee is one year from the date of the collision. The statute of limitations in Georgia and Alabama is two years from the date of the accident. If the case involves a government employee or agency, you must typically file a notice of claim long before the statute of limitations expires. Therefore, you should get in touch with us immediately to avoid missing a deadline. 

Contact The Hamilton Firm LLC today to get started with our Chattanooga dump truck accident lawyers.