The Texas dump truck accident attorneys at Denena Points, PC report two fatal dump truck accidents in Austin and Dallas to highlight a Texas trend. Research data on fatal heavy truck accidents reveals that dump truck crashes account for a substantial proportion of them, up to 33%. And most of these crashes occur in urban neighborhoods at intersections or where dump trucks enter and exit alleyways and other drives. Click the link to learn some important facts about heavy truck accidents.
On Tuesday afternoon in east Austin, Texas, a dump truck collided with a white sedan at the intersection of east MLK and E.M. Franklin Avenue and killed Ricky Monroe, 49. The crash also seriously injured a woman in the sedan. Our Texas dump truck accident attorneys are saddened to report that Mr. Monroe was Austin’s 57th traffic fatality of 2013, up from 52 fatalities at this time in 2012. (Source: Alex Penrose, KXAN, 9.12.13) We express our condolences to Mr. Monroe’s family and friends.
Also on Tuesday, in the morning around 11, a dump truck crashed into a white Lexus 350 on I-635 (LBJ Freeway) in Dallas near Marsh Lane. The dump truck, owned by Rizo Trucking of Garland, a subcontractor on the LBJ Express construction project, had just dumped a load when it went across a concrete divider and landed on the Lexus and another small car. The Lexus was pinned at the front of the truck, and the Mazda was trapped under the back of the truck on the other side of LBJ.
Our Texas dump truck accident attorneys sadly note the passing of Mr. And Mrs. TD Mullikin, Jr. of Trophy Club, who were in the Lexus and died at the scene of the tragic accident. We also report that Mr. Daniel Cerean, in the other car trapped by the heavy dump truck, was seriously injured in the crash. A Hazmat unit was also on the scene of the deadly heavy truck accident cleaning the large amount of diesel fuel that spilled from the truck in the wreck. (Sources: Robert Wilonsky, The Dallas Morning News; nbcdfw.com; and myfoxdfw.com, 9.10.13)
The Texas dump truck accident attorneys at Denena Points, PC have the deepest sympathies for the family and friends for the Mullikins in their time of loss. And our thoughts and prayers are also with Mr. Cerean and his family as he recovers from his injuries.
The Hazards of Driving in a Construction Zone like the LBJ Express Project
Dallas drivers have come to appreciate the dangers of traveling through the confusing construction zone of the LBJ Express construction project. That the dump truck jumped the concrete divider after dumping a load might indicate that driver fatigue was a contributing cause of the accident. But driver inattention as the trucker was coming off a job could also be to blame. Driver over-correction trying to evade an obstacle, driver medical conditions, or truck equipment failure are among the many other possible contributing factors to the wreck. Our Texas dump truck accident attorneys emphasize that a thorough accident investigation is required to be sure.
Driving through construction zones with the sudden bottlenecks and slow downs they require can be dangerous. Not just for drivers, but also for the workers in the construction zones. That’s part of the reason the Texas legislature just passed the new move over/slow down law relating to active TxDOT work sites.
Massive Costs Left in the Wake of a Devastating Dump Truck Crash and What to Do to Cope
When you or your loved ones have been harmed by a devastating dump truck accident, our Texas dump truck accident attorneys at Denena Points, PC understand that you might find unexpected difficulties in proving what seemed like your clear and valid personal injury or wrongful death claim.
In most heavy truck accidents, the driver who was in control of the truck at the time of the wreck will be at fault for the crash. When the driver is at fault, his employer could also be found legally liable for your injuries or losses through the doctrine of respondeat superior. This means that the employer is legally responsible for his employee’s actions while the driver is on the job for him.
The massive injuries and devastating loss of lives left in the wake of a serious heavy truck accident can leave families with huge medical bills and financial losses. The dump truck’s insurance policy, as well as the assets of the employer, could help pay for these enormous financial losses you’re suffering.
One thing that an experienced Texas dump truck accident attorney might look for in his investigation of the wreck is the driver’s prior violations. Serious driving violations like excessive speeding, reckless driving, or prior crashes could be used as evidence that the driver should have been disqualified from driving at the time of the wreck. A record of prior driving violations goes to employer liability as well, possibly indicating negligent hiring or failure to comply with regulations.
Obstacles Victims and Their Families Face as They try to Obtain Just Compensation after a Serious Dump Truck Crash
Insurance companies are very conscious of their bottom lines and profits. The companies are not happy to pay out huge amounts of compensation after a devastating heavy truck accident. To protect their high dollar truck insurance polices, the insurance companies might send aggressive insurance adjusters out to try to get you to make statements that would indicate that you or your family members were at fault in the accident.
Texas follows the rule of modified comparative negligence in determining fault and liability. When an accident victim can be found to be at least 50% responsible for causing the accident, then the insurance company does not have to pay the victim anything.
But in some crashes, even the most creative use of victim statements can’t shift the blame sufficiently to deflect a truck driver’s liability and the insurance company’s responsibility to pay. So the insurance adjuster could try to take advantage of your inexperience with such accidents and your emotional distress after a serious wreck to pressure you into accepting a fast cast settlement that greatly undervalues your claim. Or the insurance adjuster might try to get you to release your rights altogether.
Without the guidance of your experienced Texas dump truck accident attorney, you shouldn’t make any statements, sign anything, accept any settlements, or speak with opposing parties to the claim. Once you have accepted an undervalued settlement or released your rights, your action generally cannot be undone.
Contact the Experienced Texas Dump Truck Accident Attorneys at Denena Points, PC when You Face a Personal Injury or Wrongful Death Claim after a Serious Wreck
Our Texas Board Certified personal injury attorneys will meet with you to provide a free and confidential initial legal consultation to discuss the specifics of your heavy truck accident and evaluate your potential eligibility for the full financial recovery you deserve after your needless injuries and losses. You have no obligation to hire an attorney. And our 14 years of experience could provide the foundation you need to make informed decisions for your family following a serious wreck.Call us at 713-807-9500 or fill out our online contact form to schedule your free legal consultation.