Dump trucks are an essential part of construction, mining, and other industries in California and throughout the country. They take necessary supplies to and from job sites, haul waste, and transport commodities. According to Ibis World, there are more than 28,000 dump truck businesses currently operating in the United States. Texas, California, and Illinois have the most dump truck businesses in the country.
With so many dump trucks operating on American roads, it should come as no surprise that accidents happen regularly. According to data from the Federal Motor Carrier Safety Administration (FMCSA), on average, a fatal dump truck accident happens at least once per day in the United States. Data shows that an average of 16 dump truck injury crashes happen each day.
The California law firm of Wisner Baum has decades of experience representing victims of dump truck accidents in our home state and nationwide. As dedicated truck safety advocates, our legal team wants you to understand your full legal rights if you or a member of your family sustains injuries in a dump truck accident.
If you would like to speak with an experienced truck accident lawyer about pursuing a case, please contact us or call toll-free (310) 207-3233 for a free and confidential case evaluation.
Like other semi-trailers on the road, dump trucks are large and heavy vehicles, capable of causing severe damage. According to government data, the average weight of a loaded dump truck is about 28,000 pounds.
Typically, dump truck drivers are paid by the amount of weight hauled or the number of dumps completed, which can incentivize drivers to haul more than they should or take risks on the road to complete more hauls. This is dangerous for a variety of reasons:
Even when dump trucks are loaded properly, the sheer size and weight make them difficult to operate, which is why dump truck drivers must receive proper training before they can be trusted on the road. As experienced accident attorneys, we have seen time and time again, trucking companies cut corners on driver training to move more freight and make more money. This recklessness and lack of care for the safety of their drivers and other motorists is, unfortunately, a common theme in truck accident lawsuits.
Of course, even the most seasoned and experienced dump truck drivers can have trouble overcoming poorly loaded cargo or mechanical failure.
Whatever the cause, when a dump truck is involved in an accident with a passenger vehicle, the damage is almost always far more severe for the occupants of the passenger vehicle. According to the Insurance Institute for Highway Safety (IIHS), in fatal accidents between a large truck and a passenger vehicle, 97% of the reported deaths were occupants of the passenger vehicles.
According to Ibis World, the dump truck industry generates roughly $19 billion in revenue and employs nearly 100,000 workers in the U.S. alone.
The states with the most dump truck driver jobs are:
Below are dump truck accident statistics from the FMCSA:
2016 Dump Truck Accidents | 2017 Dump Truck Accidents | 2018 Dump Truck Accidents |
367 Fatal | 380 Fatal | 383 Fatal |
5,483 Injury | 5,621 Injury | 5,829 Injury |
8,206 Total | 8,288 Total | 8,881 Total |
Driving a dump truck can be a dangerous job. Like others in the trucking industry, dump truck operators often face stressful working conditions and must adhere to tight deadlines. If a driver is running behind, they may act more recklessly to make up time, which puts other motorists, pedestrians, motorcyclists, and bicyclists in danger.
The margin for error driving a truck weighing 28,000 pounds is razor thin. Dump trucks have large blind spots, which can lead to improper lane changes. They also sit higher off the ground, making them susceptible to underride accidents and rollovers.
The chance of a dump truck accident increases if an operator speeds, is distracted by their mobile phone, or drives drowsy. Safety data shows that at least one driver-related factor was cited in roughly one-third of all fatal truck crashes in 2018.
Truck driver negligence is not the only common cause of accidents, however. Design or manufacturing defects can also cause dump truck wrecks. For example, if a component part of the truck, such as a brake. was not designed or manufactured correctly, and that brake failure led to an accident, the company responsible may be held liable in a lawsuit.
Another common factor in dump truck crashes is improper vehicle maintenance. Dump truck companies are responsible for maintaining trucks in their fleet so they are safe and roadworthy. If a company fails to properly maintain a truck and an accident occurs, the company is liable for any harm or damage it causes. In addition, any maintenance company that the company contracts with may be liable if maintenance is performed negligently.
An accident lawyer that has a track record of success litigating dump truck accident cases will give you and your family the best chance of obtaining justice and maximizing compensation. An experienced attorney working with leading transportation accident experts will help uncover all at-fault parties and strengthen your court claims.
At Wisner Baum, we have litigated numerous cases where our internal investigation found negligence and/or wrongdoing that law enforcement missed. Thorough investigative work helps ensure that all at-fault parties are held responsible. It can also increase the value of your case.
Dump truck companies and their insurance providers will work hard to avoid liability for causing an accident or incident that injures or kills victims. Some of these dump truck companies have extensive resources at their disposal, which can make any case all the more challenging. Having an experienced, board-certified truck accident lawyer on your side will level the playing field. We prepare all of our truck accident cases as if they are going to trial, which gives us an edge if and when it comes time to settle.
"Wisner Baum gave exceptional attention to all aspects of the case, detailed inquiry, and tenacious overview of all the information submitted. The paralegals are efficient and diligent. I was completely surprised to find an empathic personal message to take care of my own health during the challenging time of being a full-time caretaker.*"
In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s. R. Brent Wisner served as co-lead trial attorney for the Pilliods, delivering the opening and closing statements and cross-examining several of Monsanto’s experts. Wisner Baum managing shareholder, Michael Baum and attorney Pedram Esfandiary also served on the trial team in the Pilliod case.
The judge later reduced their award to $87M. Monsanto appealed the Pilliod’s verdict which the California Court of Appeal for the First Appellate District denied on August 9, 2021. Monsanto then requested the California Supreme Court review the appeal’s court decision, which the court denied on Nov. 17, 2021. Monsanto (Bayer) then submitted a petition for a writ of certiorari with the U.S. Supreme Court which SCOTUS denied on June 27, 2022, allowing the final judgment of $87M to remain intact.
$289.2 million jury verdict in Monsanto Roundup trial
Wisner Baum co-represented Dewayne “Lee” Johnson in the first Roundup cancer lawsuit to proceed to trial. On Aug. 10, 2018, a San Francisco jury ordered Monsanto to pay $39.25 million in compensatory damages and $250 million in punitive damages to Mr. Johnson, a former groundskeeper who alleged exposure to Monsanto’s herbicides caused him to develop terminal non-Hodgkin lymphoma.
Months after the jury verdict, the judge overseeing the trial reduced the punitive damages to $39.25 million. Mr. Johnson decided to accept the remittitur, bringing the adjusted amount awarded to Mr. Johnson $78.5 million.
Monsanto (Bayer) appealed the verdict and Johnson cross appealed. On July 20, 2020, the First Circuit Court of Appeals upheld the verdict against Monsanto but reduced Mr. Johnson’s award to $20.5 million. The company chose not to take the case to the U.S. Supreme Court, ending the litigation.
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.