Those who drive concrete trucks, and those who hire concrete truck drivers, have certain responsibilities to the public. Above all, their responsibility is to act only in ways that do not put those who share the road with a concrete truck at an unreasonably high risk of injury.
If you or a loved one were injured in an accident involving a concrete truck, then the driver and potentially their employer may have failed to protect you as their legal duty requires. Consequently, you may be entitled to compensation to cover the losses that occurred because of your accident.
If you have questions about seeking compensation or would like to start work on your case, the team for a Naples concrete truck accident lawyer can help. Call the Law Offices of Anidjar & Levine today at (239) 900-3000 to schedule your free consultation.
For a free legal consultation with a concrete truck accidents lawyer serving Naples, call (800) 747-3733
Concrete Truck Drivers’ Responsibilities
Concrete trucks belong to the heaviest class of trucks on the road, according to the Office of Energy Efficiency & Renewable Energy. All vehicle drivers have a duty to be cautious. Still, those who drive such heavy vehicles may have even less margin for error—concrete trucks could cause damage that smaller vehicles cannot.
Some of the responsibilities of concrete truck drivers include:
- Adhering to the posted speed limit
- Stopping at all red lights and stop signs
- Turning only when there is no doubt that it is safe to do so
- Checking blind spots before changing lanes
- Maintaining a safe distance behind other vehicles at all times
- Avoiding any possible distractions
- Not driving if they do not have adequate energy
- Not driving while intoxicated or under the influence of drugs
- Ensuring their vehicle is safe before driving
Concrete truck drivers must also know the limitations of the vehicle they are operating. Because of their immense weight, which is generally greater than 33,000 pounds, concrete trucks may take longer to come to a stop when braking. Their weight may also make it harder to accelerate or make quick turns and other avoidance maneuvers.
These limitations should lead a driver to avoid tailgating and other situations that could present a high risk of collision because of the concrete truck’s weight. A concrete truck driver’s actions may be the foremost reason for your accident, but the driver may not be the only one who is liable for the collision.
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Concrete Truck Drivers’ Employers Could Have Liability
The Occupational Safety and Health Administration (OSHA) says employers are responsible for ensuring employees have and use safe tools and equipment and that they properly maintain their equipment.
Ensuring that concrete trucks under their management are in good working condition is, therefore, a duty that a concrete truck driver’s employer must carry out. In addition, they may be responsible for:
- Ensuring that all drivers hired to operate a concrete truck are qualified and properly licensed
- Monitoring all drivers for the safe operation of the vehicle
- Testing all drivers to ensure they are sober at all times when operating the concrete truck
- Implementing a structured, clear system of discipline so that drivers who do not operate their vehicle safely are disciplined and terminated if a pattern of unsafe driving emerges
Even if the employer of the concrete truck driver involved in your accident did not do anything to ostensibly contribute to your collision, they may be liable for their employee’s actions through the principle of strict liability.
A Naples concrete truck accident lawyer can review your case and determine who is responsible for the consequences of your accident. Call the Law Offices of Anidjar & Levine today at (239) 900-3000 to learn how our team could handle your case.
A Lawyer Can Fight to Cover Your Losses
When you meet with a lawyer and their team, part of your discussion may involve the losses you have suffered because of your concrete truck accident. There are generally two outcomes worthy of bringing a lawsuit:
- An injury
- The death of a loved one
With each of these outcomes may come several related losses. They may include the following:
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Potential Losses from an Injury
Being injured can cause several related problems. The issues you experience may depend on the type of injury you suffered and how severe the injury is. Some of the losses that may come from being injured are:
- Income you cannot earn because your injury prevents you from working
- Partially lost income if your injury only allows you to work in a limited manner
- Pain and suffering caused by your injury
- Medical costs
A physical injury could also cause a decline in your mental state and have permanent consequences. Each of these losses may be reimbursed if your lawyer can negotiate a settlement or win a judgment.
Potential Losses from a Wrongful Death
Losing a loved one in a concrete truck accident is a permanent loss. From the perspective of a lawsuit, other losses that may come from a wrongful death are:
- Medical costs
- Funeral, burial costs
- The decedent’s lost income
- Loss of comfort and companionship for the family of the deceased
- Significant pain and suffering
Pain and suffering awards stemming from a wrongful death may be substantial, as losing a loved one may be the worst possible consequence of a concrete truck accident.
Your losses may be different from the losses of other accident victims. Your lawyer will review all the evidence they can find related to your case and assign a value to your losses. They will then file a lawsuit or insurance claim to pursue the compensation you may be due.
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You may have a limited time to bring a personal injury or wrongful death lawsuit. Florida Statutes §95.11(3)(a) allows four years for individuals to file personal injury cases. This deadline starts on the day of the accident. A Naples concrete truck accident lawyer will make sure to file your case before any relevant deadlines expire, time permitting.
Call the Law Offices of Anidjar & Levine today at (239) 900-3000 for more information about our team’s dedication to providing responsive legal care.