Dump Truck Hit and Run: Who is Liable?
Fleeing the scene of an accident seems to be an accelerating trend with dump truck drivers across the nation. The most important thing to consider after any hit and run accident is how to identify the responsible party. But while there is always a greater level of complexity in identifying culpability in any hit or run situation, it can be even more difficult when it involves a commercial vehicle. This can be attributed to the fact that multiple players usually share the liability burden in an accident involving vehicles such as a dump truck.
For instance, it is not uncommon to find that the truck is owned by one company, leased by another who in turn hired or contracted the hit and run driver. In collisions where the driver is the end-user of the vehicle and not the sub or primary owner, several people in addition to the driver could be liable for damages.
Unfortunately, accidents involving large vehicles such as a dump truck frequently result in debilitating injuries or death. In cases where the responsible parties cannot be identified, the victims or their loved ones are often saddled with medical expenses. In wrongful death cases, spouses and children frequently experience significant quality of life changes due to loss of income and support normally provided by the deceased.
Other issues to consider in a hit and run accident include ...
a) The cause of the accident. If mechanical problems contributed to the accident, the manufacturer or the truck’s mechanic could also be liable.
b) Federal trucking laws and regulations govern the manner in which a truck driver or trucking company operate commercial vehicles. If the driver or trucking company is shown to have violated any of these regulations, it can serve as evidence of negligence.
c) Whether or not the hit and run driver was an independent who owned and operated the truck and was therefore responsible for all repairs and liability insurance.
d) A company may also be found to be liable for the dump truck driver’s conduct if the negligent action was unintentional and occurred within the scope of their employment. In this case, the injured person(s) and their attorney must be able to show that the truck driver was employed by the company as well as satisfy factors of an accident that occurred within the scope of employment such as but not limited to ...
- The overall conduct of the driver
- Place and time of the accident
- Autonomy of the employee in performing his work.
- Whether or not the driver‘s action was intentional.
Additionally, it is equally important that drivers of all vehicles have uninsured/underinsured motorist (UM) coverage. This essential coverage protects the owner of the UM policy in case they are in a crash and injured by a person or entity that does not have bodily injury insurance coverage or enough coverage to compensate for a loss.
Motorists involved in any crash have a responsibility to remain at the scene of a crash. Whether the driver is the owner of the vehicle or an employee, any driver who leaves the scene of an accident commits a felony that may be punishable by law. A dump truck hit and run victim may not be without recourse, regardless of who was at fault and what led to the accident. Felice & Ehrlich represents the injured victims of hit and run crashes and will investigate all potential avenues of recovery.
Were you injured in a car accident, work accident, or slip and fall accident? If so, contact a personal injury attorney at Felice & Ehrlich, Attorneys at Law for a free consultation. We provide legal representation for the injured.
Our firm is dedicated to our client’s pursuit of justice for an injury or death. Being a small firm, this allows us to provide the personal attention each client needs and deserves. Yet we are large enough to have resources to take on the largest insurance carrier or corporations. We offer personalized attention and care about each client we represent. Unlike a large number of personal injury firms, a new client meets directly with an attorney from day one. Each case at Felice & Ehrlich is personally handled by an attorney from the initial meeting through settlement or verdict. Felice & Ehrlich, Attorneys at Law offers no- nonsense, results driven approach to obtaining the full compensation you deserve for your injuries. Felice & Ehrlich partners Tim Felice & Ken Ehrlich are the recipients of numerous legal awards and accolades. Felice & Ehrlich welcomes the opportunity to discuss your significant personal injury case with you. Were you injured in a car accident, work accident, or slip and fall accident? If so, contact a personal injury attorney at Felice & Ehrlich, Attorneys at Law. We provide legal representation for the injured.
Felice & Ehrlich welcomes the opportunity to discuss your significant personal injury case with you. If you have been injured in an accident or as the result of medical malpractice and need a personal injury attorney, give us a call today at 561-444-8822 or visit us at.
Felice & Ehrlich, Attorneys at Law
Downtown at the Gardens
11701 Lake Victoria Gardens Avenue, Suite 3201
Palm Beach Gardens, FL 33410
Phone: (561) 444-8822
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