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How Can I Be Compensated After a Concrete Mixer Truck Accident?

Written by Tom Crosley
Jan 10, 2022 Car Accidents, Catastrophic Personal Injury, Personal Injury, Vehicle Wrecks
  1. 1. Why Are Cement Mixer Trucks So Dangerous?
  2. 2. Who Is Financially Responsible for My Injuries After a Cement Truck Accident?
  3. 3. How Much Is My Cement Mixer Accident Claim Worth?
  4. 4. What to Do After a Concrete Mixer Truck Accident
  5. 5. What to Look Out for in Your Cement Mixer Accident Claim
  6. 6. Crosley Law: We Fight for Texas Cement Truck Crash Victims

Get Compensation After a Concrete Mixer Truck Accident

Any large truck poses a level of danger on the roadways, and trucking accidents are more likely to be catastrophic or fatal than other auto accidents.

Cement mixers are uniquely hazardous because of their design and the material they carry. Add to that the 26,000 to 80,000 pounds big trucks weigh, longer than average stopping distances, and poor visibility, and a cement truck is even more dangerous than most heavy vehicles.

Together, all these factors put cement mixers at high risk for rollover accidents at any speed. And when these trucks are filled with wet concrete that needs to be delivered, drivers often feel pressure to drive as quickly as possible.

Keep reading to learn more about cement mixers, how to protect yourself after a crash, and how a personal injury attorney can help you get the compensation you deserve.

Why Are Cement Mixer Trucks So Dangerous?

Cement trucks cause hundreds of deaths a year, and many of those accidents happen in Texas. While all large trucks come with the risks of long stop times, tens of thousands of pounds, and potentially dangerous cargo, concrete mixers pose a unique hazard due to their high center of gravity and uneven weight distribution.

Concrete mixers pose a unique hazard due to their high center of gravity and uneven weight distribution.

The Drum and High Center of Gravity Make Concrete Mixer Trucks Prone to Rollovers

The wet concrete itself is held in a large, turning drum on a cement truck. The drum and its movement alter the vehicle’s center of gravity and balance. First, the shape of the drum itself makes cement mixers top heavy, since its dense, sloshing cargo sits high above the driver’s head.

Second, the drum must rotate to prevent the cement from drying in transit. This makes the load very unstable, and cement can stick to the drum, making one side of the truck much heavier than the other.

 A fully loaded cement truck can easily tip over, even at slower speeds.

Cement Spills Can Cause Severe Chemical Burns and Other Injuries

In some cement truck accidents, the drum of wet cement will actually break and cause a spill. Not only does the mess create a more dangerous situation, but cement itself is dangerous to your skin. The chemicals can cause serious, painful burns and life-long scars.

Who Is Financially Responsible for My Injuries After a Cement Truck Accident?

Cement trucks are most likely commercial vehicles that are owned by a concrete business, construction company, or even a city government. If you get into an accident with one, and believe your injuries were caused by the driver or their employer’s negligence, you should file a claim for compensation.

However, you must understand that filing a claim against a company or city is different than filing against a driver in a passenger car. In both cases, you’ll probably deal with insurance companies, but trucking companies and government entities tend to carry large policies and negotiate aggressively, making it less likely that you’ll end up with fair compensation.

Beyond that, as with any trucking accident, it might not be the truck driver who is at fault, or they might only be partially to blame.

  • Trucking companies and employers: Drivers are under a lot of pressure to arrive on time, and wet cement is a particularly time-sensitive material. Some employers are so demanding that cement truck drivers skip breaks and drive too fast, increasing the chance of distracted driving, an accident, and how much fault the employer carries.
  • Truck mechanics: Cement trucks are complex vehicles with specific mechanics; companies and cities employ mechanics to ensure the trucks are safe and functional. If those mechanics neglect that maintenance and there’s an equipment failure, they could be at fault.
  • Loading companies: Loading trucks properly is an art whether the cargo is clothes, electronics, or cement. If the wet concrete was improperly mixed or loaded, whoever is responsible could be at fault.   

Trucking companies and government entities tend to carry large policies and negotiate aggressively, making it less likely that you’ll end up with fair compensation.

The potential challenges of bringing your claim make it so important to work with an experienced personal injury attorney after a cement truck accident. They’ll be prepared to fight back against the trucking and insurance companies with expert insight and negotiating skills.  

RELATED: How Does Insurance Work With Commercial Truck Accident Liability?

How Much Is My Cement Mixer Accident Claim Worth?

When lawyers calculate the amount of compensation you deserve after a wreck, they talk about “damages.” These are the physical, emotional, and financial losses that you suffered due to someone else’s negligence.

Economic damages are the hard, measurable costs, such as medical bills. Your economic damages might include:

  • Medical bills, but now and in the future
  • Prescription medication costs
  • Therapy sessions
  • Missed work and future missed wages
  • The cost of attendant care and replacement services
  • Funeral and burial costs (in wrongful death cases)

Non-economic damages are harder to calculate, because they involve your pain and suffering associated with your injuries. Non-economic damages might include:

  • Physical pain and suffering
  • Mental anguish
  • Loss of companionship
  • The inability to do activities you love, such as hobbies and volunteering
  • The trauma of catastrophic injuries, such as paralysis or loss of a limb

Again, demanding these damages from large entities can be difficult on your own. Your personal injury lawyer will know how to document your losses and increase your odds of getting fair compensation.

What to Do After a Concrete Mixer Truck Accident

After a serious wreck with a cement mixer truck or another commercial vehicle, you can improve your likelihood of getting compensation by following the steps below. You can also download our free guide, 5 Mistakes to Avoid After a Truck Wreck.

  • Call 911: you should always call 911 and report your accident after a collision with a commercial vehicle. Sometimes, the truck driver will try to discourage you from calling the police, especially if their vehicle sustained only minor damage. However, you should always report your crash and cooperate with the police investigation.
  • Get medical treatment: you should seek immediate medical attention for your injuries. Some injuries, like a herniated disc or traumatic brain injury (TBI), can take days or even weeks to appear. No matter when your symptoms develop, you should get medical care as quickly as possible. Your medical records will become crucial evidence in your insurance claim or lawsuit.
  • Preserve your evidence: in a cement mixer claim, images can become important evidence. Try to have someone take pictures of your injuries, the crash site, and the vehicles. If possible, have them get witnesses’ contact information as well.
  • Consult with a personal injury lawyer: claims involving commercial vehicles can become complicated. Frequently, there are competing insurance policies, and adjusters will try to shift blame to one another. Instead of leaving you stuck in the middle, Crosley Law’s team helps clients stand up to insurance companies and demand fair compensation.

RELATED: Crosley Law Helps After She Was Hit By a Commercial Truck: McKenzie’s Story

Instead of leaving you stuck in the middle, Crosley Law’s team helps clients stand up to insurance companies and demand fair compensation.

What to Look Out for in Your Cement Mixer Accident Claim

Crosley Law’s attorneys have built a reputation for their sophisticated approach to commercial vehicle wrecks. Here are just a few ways an accident with a cement mixer truck can complicate a personal injury case after an accident.

Multiple Vehicles Are Often Involved in Cement Truck Accidents

Because of a cement mixer’s sheer size and risk factors, it’s likely to cause multi-car pileups in an accident. The more vehicles and people involved in a traffic accident, the more complex the process of determining fault and distributing compensation.

Texas has fault-based car accident laws. So, when a reckless truck driver injures many people, they will each have a personal injury claim against the driver, their employer, and any other at-fault party. That means many people will be fighting for their share of the insurance policy limits—and you can expect aggressive defense strategies and a lot of victim blaming.

Equipment Failures

Unlike other big rigs, cement mixers have special mechanics for loading and unloading concrete material. If these specific parts malfunction and cause a wreck, it can be difficult to prove what happened and who is to blame, unless you partner with mechanical engineers and other experts who can reconstruct the wreck.

You might also have claims against a company that made a defective or dangerous product or did not properly maintain the vehicle.

Catastrophic Injuries

The unique dangers of cement truck accidents mean more serious injuries that change people’s lives forever. When you’re dealing with a traumatic brain injury (TBI), paralysis, or even death, you need as much compensation you can get to rebuild your life. But that’s not necessarily going to be easy.

You will need expert witnesses who can calculate a lifetime’s worth of damages—otherwise, your settlement might not fully compensate you for your losses. Our team often works with physicians, life planners, economists, and others who can help us assess your future medical needs and calculate your lost wage-earning capacity.

All these dangers and complexities mean that building a strong case could be difficult. It’s in your best interest to work with an experienced personal injury lawyer who understands the specifics of a concrete truck accident and knows where to look for proof of negligence.

RELATED: The Complicated Evidence Situation with Trucking Accident Injury Cases

It’s in your best interest to work with an experienced personal injury lawyer who understands the specifics of a concrete truck accident and knows where to look for proof of negligence.

Crosley Law: We Fight for Texas Cement Truck Crash Victims

Crosley Law has one purpose: helping crash victims recover from their injuries after cement mixer truck accidents and other incidents. When you work with one of our experienced injury lawyers, you’ll get personalized advice and strategies tailored to your specific needs. To request a free consultation with Crosley Law, call us at 210-LAW-3000 | 210-529-3000 or complete our online contact form.

References

Texas Aggregates & Concrete Association (n.d.). Concrete and cement FAQ’s. TACA. Retrieved from https://www.tx-taca.org/concrete-cement-faqs

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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