What Should I Do If I Have Been Hit By A Dump Truck?
Accidents involving dump trucks can be quite serious. Dump trucks are used to transport a variety of materials including dirt, various scrap material items, and concrete. A major risk of a collision with a dump truck is having all of the material carried by the truck spilling out and causing harm.
The two main ways that a dump truck accident can occur is by the truck tipping or when the truck backs up unsafely. When a dump truck collision occurs due to the tipping of the truck, the cause of this can be due to improper loading of the materials in the truck or improper carrying of the materials in the truck. Collisions that occur when a truck backs up unsafely can come about as a result of the lack of visibility a dump truck driver has when operating the vehicle. This can happen through driver negligence as well as negligence on the part of the dump truck company. Since dump trucks can weigh around 80,000 pounds (depending on the state weight regulations), the damage they can cause to a passenger vehicle is astounding.
If you have been injured in a collision with a dump truck, it is important to know your rights. You may be entitled to compensation for any damages you suffered as a result of the accident, which can include your medical bills, lost time from work, and money for pain and suffering as a result of the accident.
The legal issues involved in an accident with a dump truck can be complex. If the dump truck was owned by a company and the driver was operating the vehicle in the course of his or her employment with that company, then you may be able to bring a claim against both the company and the at-fault driver in civil court. There are many different regulations and laws set in place regarding the operation of a dump truck. These vary from state to state. However, there are also federal regulations that must be followed in every state. If the dump truck driver violates a federal regulation, it does not matter what state the accident occurred in, and this violation can be evidence of negligence.
When you pursue a claim for personal injury damages as result of a collision with a dump truck driver, you should first be aware that there is a time limit during which you must file your claim, which is called the statute of limitations. The statute of limitations period for personal injury claims is dependent on which state your claim should be filed in. Generally, these types of claims are filed in state court in the state in which the collision occurred, or the case can also be filed in the location where the defendant resides.
You also have the option to file your case in federal court under a certain set of circumstances. To file in federal court, you must have what is commonly referred to as diversity of citizenship. This means that you must be a citizen of a different state than the defendant or defendants. Additionally, the amount in controversy must be at least $75,000. The amount in controversy in this instance is referring to the monetary damages you are seeking in this case.
Car accidents involving dump trucks can be very serious. If you or a loved one has been harmed by a collision with a dump truck, you have the right to pursue the driver and possibly the company owning the dump truck for damages in the civil court system.