Concrete mixer trucks, also known as cement trucks, use a rotating drum to mix and transport concrete to construction sites. The rotation of the drum prevents the ingredients of the concrete—cement, aggregates, and water—from separating or hardening during transport, making it ready to use once it gets to its destination. When it is time for the concrete to be poured, the rotation of the drum is reversed, and the mixture is discharged through a chute.
Empty cement trucks can weigh around 26,000 lbs. Fully loaded, these trucks can weigh up to 70,000 pounds, making them one of the heaviest and most hazardous vehicles on the road. Due to the size of these vehicles and the speed at which they travel on the road, along with the potentially dangerous cargo they carry, cement truck accidents are among the most catastrophic.
The Hernandez Law Group, P.C., proudly represents individuals injured in large commercial truck accidents, including cement truck accidents. Our legal team has successfully litigated cases against some of the largest trucking and transportation companies in our state. Our experience and aggressive approach show the liable party that we mean business. We don’t allow the defense or their insurance companies to bully our clients into accepting a settlement that is less than what they deserve. Instead, we ensure that our clients have their voices heard and that they can get the compensation they deserve to get their lives back on track. With an over 98% success rate, it is no wonder that victims of cement truck accidents and large commercial vehicle accidents turn to our attorneys first.
Understanding the Dangers of Cement Truck Accidents in Dallas
Cement trucks are a common sight on Texas roadways. These trucks, whose base weight when empty is 26,000 lbs, are often carrying as much as 40,000 lbs of wet cement to the job location. The sheer weight alone makes the force behind a cement truck accident extremely dangerous and often deadly. This is due to the increased momentum and kinetic energy stored within the cement truck, which is far greater than a standard passenger vehicle traveling at the same speed. This often results in the cement truck plowing through the lighter vehicle, resulting in devastating damage to the passenger vehicle and serious to fatal injuries to its occupants.
In addition, the danger of wet cement spilling onto the roadway after an accident creates hazardous conditions for both people and vehicles, whether driving past or responding to the accident. Wet cement is naturally highly alkaline, with a pH of 12-13. This can irritate the skin and eyes and cause severe chemical burns.
Wet cement is also slippery, increasing the risk of slip and fall accidents for individuals responding to the crash. This can lead to injuries such as sprains, fractures, and in worst cases, spinal cord injuries or traumatic brain injuries.
Due to the dangers surrounding cement trucks, Texas has additional laws and permit requirements surrounding the operation, maintenance, and transportation of these vehicles. However, negligent owners or operators of these vehicles may lead to these laws being ignored and violated with disastrous and oftentimes deadly results.
How Many Cement Truck Accidents Occur in Texas?
Unfortunately, there is no specific statistic on cement truck accidents in Texas. In 2022, Texas saw 38,621 commercial vehicle crashes, which was an increase of 5% from the previous year.
According to the United States Department of Transportation, there are roughly 357 fatalities that result from a collision with cement trucks per year in the United States.
What Kind of Injuries Can Come From a Cement Truck Accident?
Severe and debilitating injuries are often the result of cement accidents. These include, but are not limited to:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Paralysis
- Back Injuries
- Neck Injuries
- Fractures
- Sprains
- Amputations
- Burn Injuries
- Lacerations
- Wrongful Death
Key Factors Behind Cement Truck Crashes
Some of the most common causes of cement truck accidents are as follows:
Rollover Accidents: Cement trucks, due to their size and shape, are difficult to maneuver. They have large blind spots on the sides and back of the vehicle, making it difficult to see other drivers or obstacles on the road. The high center of gravity on these vehicles, in addition to the constant rotation of the vehicle’s drum, makes cement trucks unbalanced on the road. These factors make them more prone to tipping over due to sudden movements, such as swerving.
Driver Inexperience: Training and experience are needed to safely drive and use a cement truck. Due to the short supply of experienced veteran drivers across the transportation industry, hiring and training new drivers takes time—meaning more inexperienced cement truck drivers may be on the road.
Driver Fatigue: Cement truck drivers are often under tight deadlines, meaning they work long shifts without much-needed breaks or days off to rest. Overworked and tired drivers are more likely to be involved in accidents.
Distracted Driving: The Federal Motor Carrier Safety Administration (FMCSA) reports that 71% of all crashes involving large commercial vehicles are due to distracted driving. This often involves the driver trying to eat while on the road, using their cellphone, or using a dispatch device.
Speeding: Most jurisdictions in Texas require cement trucks to maintain lower speeds while on the road to reduce the risk of accidents. However, pressure from the owner of the cement truck or the client needing the cement results in drivers pushing the limits on their speed to make the deliveries on time. Speeding, along with other reckless driver maneuvers, increases the risk of accidents.
Poor Vehicle Maintenance: Concrete trucks are heavily used and make dozens of trips to and from worksites every day. They need constant maintenance to ensure that they are able to safely handle the load. However, many trucking companies may be reluctant to pull a truck from service if the maintenance or repairs needed seem minor. This can result in the truck experiencing dangerous malfunctions or breakdowns, increasing the risk of accidents.
Negligence on the Construction Site: Construction sites must be well-managed to avoid dangerous conditions that could lead to accidents with heavy work vehicles, such as cement trucks.
Determining Liability in Texas Cement Truck Accidents
One of the most difficult aspects of cement truck accidents is determining liability for the accident. Injured individuals often face a long recovery and financial strain, which makes managing their case and figuring out who to seek compensation from difficult. Potential responsible parties could include:
- The cement truck driver
- The cement truck company
- The maintenance department of the cement truck
- The manufacturer of the cement truck
- The manager of the construction company
To determine who is liable for a cement truck accident, an investigation needs to be done to determine what factors caused the accident and whose responsibility the fault falls under. A trusted cement truck accident attorney can help injured victims with the investigation by:
- Speaking with witnesses of the accident
- Obtaining copies of the police accident report
- Hiring accident reconstruction specialists
- Investigating the driving record of the cement truck driver and pulling their professional training records/licenses.
- Determining the hiring practices of the company that owns the cement truck
- Determining the insurance policies of the company that owns the cement truck
- Investigating whether the cement truck was properly maintained or whether there was a faulty part that caused the accident in identical cement trucks
- Investigating the area where the accident occurred to see if other outside factors, such as poor design of the road, contributed to the accident
Hernandez Law Group: Your Advocates for Cement Truck Injury Cases
The Hernandez Law Group, P.C. is proud to be the voice of victims of cement truck accidents and other commercial vehicle accidents. Our team works tirelessly to determine who the liable party is and ensure that our clients get the compensation they deserve to aid in their recovery process and relieve their financial burden. With a success rate of over 98%, more and more Texans are putting their trust in our compassionate attorneys. When you partner with our attorneys, you can expect:
Unparalleled Expertise On Your Side
Our attorneys have years of experience in all types of personal injury cases. Regardless of whether we can successfully settle a case outside of court or the case needs to be taken to the courtroom, we are able to handle it all. We help our clients understand their legal choices, what they should expect from the defendant, and ensure that all of their paperwork is properly filed.
We can also help determine if the accident is a state or federal case. For example, if the crash occurred within the state of Texas, then Texas’s state laws and insurance regulations apply. However, some cement trucks may be traveling in from across state lines, meaning that it is considered interstate travel in which the driver and company must comply with federal rules and insurance regulations. Our attorneys will ensure that we are following the right protocols to get you the compensation you deserve.
Professional Guidance: Gathering Evidence
To hold another party responsible for the accident, it must be proven by the plaintiff that the accident was caused due to the negligence of the defendant. Our lawyers will go through all of the evidence to show that:
- The defendant had a duty of care to the plaintiff
- The defendant breached their duty of care
- This breach caused the accident, which resulted in the plaintiff’s injuries
We will gather the necessary evidence to show the defendant’s negligence and ensure that you can get the compensation you deserve. This evidence includes:
- Surveillance footage from dashcams
- Medical records
- Police reports
- The cement truck driver’s electronic logging device and event date recorder
- The driver’s safety report
- The trucking company personnel records
- Witness accounts
A Strong Advocate On Your Side to Act as Your Voice
One of the most challenging aspects of cement truck accidents is that the injured party is often facing the entire company instead of an individual driver. This can make the case extremely daunting, which is why you need an experienced and proficient attorney who has experience dealing with big companies. The attorneys at the Hernandez Law Group, P.C. never back down from a challenge, nor do we allow commercial companies or their insurance companies to bully our clients into accepting less than they deserve.
Exploring Compensation Options After a Cement Truck Accident
Victims of a cement truck accident can pursue compensation for economic and non-economic damages. This includes the following:
- Economic damages:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damage
- Non-economic damages
- Pain and suffering
- Mental anguish
- Loss of consortium
- Disfigurement
Take the First Step: Free Consultation With Our Dallas Legal Team
If you or a loved one has been injured in a cement truck accident, the uphill legal battle for compensation can feel overwhelming. However, you do not have to face it alone. Allow the trusted attorneys at the Hernandez Law Group, P.C., be your advocates and fight on your behalf to get the compensation you deserve to cover medical expenses and damages. We will ensure that your road to recovery is as smooth as possible. Contact our supportive legal team today for more information on our services or to schedule a free, no-obligation consultation to go over the facts of your case. Allow our family to fight for yours.
FAQs:
Cement truck accidents are extremely heavy vehicles, which increases the force of impact during a collision. In addition, they are also used to transport wet cement to construction sites, meaning that an accident can result in a hazardous spill of wet cement, putting not only the individuals involved in the crash in danger but also other approaching vehicles as well.
Yes. If it can be proven that their actions or inactions have a direct connection to the cause of the accident, then they can be held responsible for the resulting damages and injuries.
Economic and non-economic damages can be recovered after a cement truck accident. These damages include, but are not limited to:
Economic damages:
– Medical expenses
– Lost wages
– Lost earning capacity
– Property damage
Non-economic damages
– Pain and suffering
– Mental anguish
– Loss of consortium
– Disfigurement
The statute of limitations in Texas for cement truck accidents is two years from the time of the accident. However, the faster you pursue your claim, the better, as time can make collecting evidence more challenging.