Cement Truck Design Flaws
Vehicle manufacturers operate under strict rules that they must follow during the design and manufacturing phases of vehicle production. In a recent personal injury case, it was found that the defendant, a cement truck manufacturer, failed to include some of the required safety features in its vehicles. This failure resulted in a flaw that let the trucks roll when the tag axle – a hydraulic axle, which, when lowered, provides uniform weight distribution and stability for loaded trucks – was deployed. With the specific cement truck involved in the legal case, the axle lifted the vehicle off the ground and disengaged the vehicle’s sole parking brake, which is located in the rear. This action happened when the tank was empty. The flaw led to the truck driver sustaining severe injuries.
The Incident that Led to the Lawsuit
The plaintiff in the matter was a concrete contractor. In 2016 he sustained terrible injuries as a result of the cement truck’s bad design. He had poured cement and following that, had parked the vehicle on the street with a slight slope. He climbed onto the tag axle in order to clean the truck, and the truck suddenly began rolling downhill. The movement caused the plaintiff to lose his balance, and he fell into the truck’s moving path with his shirt pinned beneath a heavy tire. He was dragged across the asphalt for approximately 25 feet. The plaintiff was taken to the hospital and admitted. He sustained significant injuries that rendered him unable to return to his line of work, which meant he was not able to provide for his family.
After his release from the hospital, the plaintiff retained legal counsel. A lawsuit was filed against the cement truck manufacturer. Expert witnesses were hired to analyze and explain the dangers of the vehicle and how they had caused the plaintiff’s life to change permanently. The legal team knew that one of the challenges in the case was going to be persuading the jury that the accident was due to the manufacturer’s defect, not inappropriate use or operator error.
Watch the YouTube video. The clip below discusses safety tips for drivers of cement trucks.
Animation Evidence was Crucial to Case
The plaintiff’s attorneys hired DK global, a company that prepares animations for legal cases, to create an animation that illustrated the faulty engineering and mechanics of the subject vehicle, and how the defects caused the plaintiff’s accident. Another animation was created to explain how painful the plaintiff’s injuries were and how his recovery would include medical treatment and expenses for the rest of his life. Though the jury trial was postponed because of the COVID-19 pandemic, the case was mediated and the plaintiff was able to secure a confidential and favorable settlement in an amount sufficient to assist in the plaintiff’s lifelong recovery.
The animation proved extremely valuable in getting the case settled – not only did it present information to the opposing side in a way that allowed them to visualize the facts of the accident and the repercussions, but the investment in getting the animation prepared showed the defense that plaintiff’s legal team was willing to put forth significant effort, time, and money to win the case.
Sacramento Truck Accident Lawyer
Thanks for reading – I’m Ed Smith, a truck accident lawyer in Sacramento, California. Large commercial trucks can do a lot of damage if they are defective or if the driver is negligent and causes an accident with a smaller passenger vehicle. Should you or someone you love suffer injuries caused by the negligent operation of a commercial vehicle, one of our skilled injury lawyers can provide free and friendly legal advice. Just call us at (916) 921-6400 locally, or if you are outside the 916 area code, dial toll-free: (800) 404-5400. If you prefer, you may fill out our online contact form.
To read reviews from prior clients and to see some of our past case results visit the links below:
Photo Attribution: ArtisticOperations on pixabay.com
mm llo [cs 671] bw