When a dump truck causes a crash, the injuries are often devastating.
When a fully loaded dump truck, weighing in excess of 20,000 pounds, was traveling eastbound on NY State Route 43, and rear ended a stopped vehicle, it propelled the vehicle into Gary’s lane. Gary was driving with his dog when he was suddenly struck.
Gary’s car was destroyed and Gary was seriously injured.
Gary was wearing his seatbelt. His airbags deployed. But his vehicle suffered heavy damage to the driver side and the front of the vehicle. Gary was pinned between the driver’s door and the center console.
He was extricated and taken to the hospital for his injuries.
Gary’s femur bone in his leg was fractured. His tibial plateau (shinbone) was fractured. His humerus bone, the bone in his upper arm was also broken and his tricep tendon was torn from the bone. His shoulder was fractured. His scalp had a 4 inch laceration.
Gary underwent surgery to repair his fractures and had to use a fixator device on his leg. He needed 9 screws in his leg to put it back together.
Gary remained at the Albany Medical Center Hospital for nearly a month before being transferred to the Rosewood Rehabilitation and Nursing facility for recovery. He remained there for 2 more months before he was finally able to return home.
When he returned home, he entered an empty house. His wife has passed away from lung cancer while Gary was in the hospital. Gary was unable to be with her. His 6 year old yellow lab mix who survived the crash had to be turned over to another family. Because of Gary’s injuries, he was unable to get his dog back for months and he was very lonely.
Medical expenses were over $350,000.
If I am rearended by a dump truck, can I automatically bring a personal injury claim?
Pursuant to vehicle and traffic law 1129, the driver of a motor vehicle cannot follow another vehicle more closely than is reasonable and prudent. Thus, drivers are under a duty to maintain a safe distance from the vehicle in front of it. The failure maintain a safe distance which results in rearending another vehicle, in the absence of an adequate explanation, constitutes negligence and allows the injured party to hold the other driver liable for the injuries.
If I’m injured by a dump truck, who do I sue?
If you are injured by a dump truck, you may bring a lawsuit against the owner and operator of the dump truck. An operator of a motor vehicle has a duty to exercise reasonable care, to drive safely, and to see what should have been seen by the reasonable use of his or her senses. Additionally, a vehicle owner has an obligation to maintain the vehicle in roadworthy condition, so that it does not present a hazard to other people and other vehicles on the road. Liability insurance is required in New York. For a person injured in a crash with a dump truck, a personal injury claim can be pursued against the owner and operator’s automobile insurance.
What was the resolution in the dump truck accident claim?
Because of the size and weight of a dump truck, crashes with a dump truck often result in severe damage and injuries that require long-term medical care, rehabilitation, and legal action to recover damages.
In Gary’s case, because the dump truck carried 1 million dollars of insurance it allowed Gary to receive substantial compensation for his injuries.