Hit by a Cement Truck
Cement Mixer a/k/a Ready Mix Concrete Trucks
If you have been involved in an accident with a ready mix cement truck, you probably have first-hand knowledge of how severe these collisions can be. Concrete-mixers weight 20,000-30,000 lbs. and can carry another 40,000 lbs. of concrete, gravel and sand. That means you are getting hit by a vehicle weighing as much as 70,000 lbs. when one of these strikes you. The average car weights around 4,000 lbs. Is it really any wonder the vehicle hit is often crushed by the impact with a ready-mix truck?
If you or a loved one are in an accident involving a cement truck, call Simmons and Fletcher, P.C. today for a free consultation at 800-298-0111. Our cement truck accident attorneys are here to assist and we charge no fees unless we win your case.
What is a Ready Mix Concrete Truck?
You probably are familiar with the trucks commonly referred to a “cement mixers.” However, this name is not really correct. These trucks are really concrete mixer trucks that mix concrete with sand, gravel and other materials to eventually form cement.
What Makes Cement-Mixer Accident Cases Different?
While ready-mix concrete trucks are subject to the same rules and regulations as other commercial motor vehicles when they engage in interstate commerce, there are several exemptions carved out by the FMCSA for concrete mixers. This is why you need a concrete mixer accident attorney familiar with the rules and regulations as applied to ready mix trucks specifically handling your case.
For example, under the Federal Motor Carrier Safety Regulations, the 30-minute required break that other truck drivers must specifically allot time for, can be done while waiting with the commercial vehicle at a job site or terminal. If your attorney is unfamiliar with this, he may hang his hat on what would be a violation were it NOT a ready mix truck accident case.
Also, ready mix concrete trucks are exempt for the requirement that commercial motor carriers install Electronic Logging Devices (ELD)s if the ready-mix driver returns to the work reporting location and is released from work within 14 hours and he has at least 10 consecutive hours off duty separating each 14 hours spent on duty. Cement companies typically set their employee work hours up to meet this exemption. Your lawyer needs to be aware of this and know how track down and timely subpoena driver log books before the evidence is destroyed.
State vs Federal Regulation of Concrete Mixers
One issue a concrete mixer lawyer must consider when handling these cases is: “which law applies?” If the vehicle crosses state lines, it is a truck involved in interstate trucking and must comply with federal laws and federal insurance requirements for commercial motor vehicles. If the concrete truck is only operated within a single state, it is a truck involved in intrastate commerce and is, therefore, only subject to state law regulation. The interstate vs intrastate difference often determines how much insurance is required and what type of reporting and record-keeping must be done. It is very important that you hire a lawyer familiar with ready-mix accidents, rules and regulations to determine what rules apply to your case.
Call A Ready-Mix Truck Accident Attorney
Our firm has handled numerous commercial motor vehicle accidents since our inception in 1979. Ready-mix truck accidents are complex and involve a number of state and federal rules that must be considered. Call us for a free case evaluation today: 800-298-0111.
Paul Cannon has practiced personal injury trial law since 1995. He is Board Certified in Personal Injury Trial Law (2005). He has earned recognition as a Super Lawyer by Thompson Reuters in 2017 & 2018, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2017. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com, and others. He has been asked to give education talks and media interviews on dog bite law.