Our lawyers have represented many people injured or killed by dump trucks. In dump truck accident cases, we often file civil lawsuits against dump truck drivers and, in many cases, against their employers, as well. Our goal is to provide needed financial help for the families of people who are injured or kill and, just as importantly, to hold wrongdoers accountable.
In some circumstances, a dump truck driver who causes an accident can be charged in criminal court. Unfortunately, however, that is the exception, not the norm. In most cases involving dump truck drivers, the criminal court is not where justice occurs. In fact, in two recent criminal cases against dump truck drivers, the slaps on the wrist the drivers received would never meet anyone’s definition of justice. In such cases, the civil justice system is often the only recourse for grieving family members where the possibility of punitive damages (an amount of money meant to punish) still exists. While nothing can ever replace the lives lost, and while the driver may not have to spend more time in jail, there can still be some measure of justice meted out by the legal system.
Dump Truck Driver with Multiple Speeding Tickets
Kills a Mother and Injures Her 4 Children
The driver of a construction company dump truck was speeding when he ran a red light and t-boned a van carrying a mother and her four children. The mother died as she was being transported to the hospital. The driver was charged with Misdemeanor Death by Vehicle, even though he had been caught speeding several times and given warnings and tickets.
Police Chief Troy McDuffie said the company the dump truck driver worked for, South Carolina-based R.E. Goodson Construction, was aware that its dump trucks had been speeding through the community of Spring Lake, North Carolina for months before the fatal accident, according to news reports. Even after the dump truck driver was ticketed for speeding (before the accident), the construction company continued to let him drive, putting a community at risk and costing a family the life of a loved one. And after the accident, Goodson Construction told NBC17 that the dump truck driver did not lose his job because he “is a good employee” and “mistakes happen.”
Police say the trucking company, R.E Goodson Construction, will not face any criminal charges. It is up to the family to decide whether they will pursue civil action, including a claim for punitive damages.
Department of Transportation Dump Truck Driver Causes Fatal Accident
and Pleads Guilty to Minor Violation
A Department of Transportation dump truck driver made an unsafe, illegal u-turn and ran into a car carrying a mother and her child. The mother died and the 5-year-old child was severely injured. The woman’s husband had “asked for serious charges, saying it was needed to set an example of the consequences of reckless driving.”
Instead of a more serious charge, the dump truck driver was allowed to plead guilty to a minor violation for moving a vehicle unsafely. There will be no opportunity for a criminal charge and eventual sentencing to deter others from similar behavior.
As with the case above, it is in civil court, where the family can seek compensatory and punitive damages, where justice will have to occur.
If you or a loved one has been in an accident with a dump truck, I have experience litigating these cases and representing accident victims and their families throughout the United States. To contact me, call 1-888-377-8900 (toll free) or submit our firm’s free consultation form.
Resources: 1. http://www2.nbc17.com/news/cumberland-county/2012/feb/13/nbc-17-investigates-construction-company-cited-spe-ar-1925842/
2. http://www.pennlive.com/midstate/index.ssf/2012/02/driver_gets_ticket_in_fatal_cr.html
