1. Failure to Lower the Dump Body Prior to Driving

One of the most hazardous risks created by a dump truck and its operator is when the bed or dump body is raised and not lowered prior to driving on the roadway. When a dump body is in raised position while driving, it can strike overhead power lines, traffic signals, overpasses, and trees. The results can be disastrous.

You may ask, how does this happen? Just Google this type of crash and you will be astounded at how many videos you can find on YouTube. The answer can be as simple as forgetfulness due to constant repetition, rushing, or exhaustion. It can be more likely attributed to lack of training and lack of pre-trip inspection. The near constant raising and lowering of the bed catalyzes the risk for overhead strikes that can prove fatal.

How It Happens: For this explanation, assume that a dump truck operator is hauling asphalt on the job. When performing a job, a dump truck operator dumps a load of asphalt into a paver, lowers the body, and then proceeds to a “clean out” area to clean out the dump body before proceeding back into traffic to get more asphalt from the asphalt plant. To clean the dump body, the operator must raise the bed. To raise the bed, the truck must be at a stop, and the operator must engage the power take off (PTO). The PTO is a device that transfers an engine’s mechanical power to another piece of equipment. In the case of a dump truck, the PTO is a mechanical gearbox used to transfer power from the engine and transmission of the truck to a supplementary element such as a hydraulic pump. The hydraulic pump is used to raise the dump body. Once an operator is stopped, they press a button to engage the PTO, then they use a lever to raise the body. After the body is raised, they then shut off the PTO and get out of the truck to clean the body of loose dirt, debris, and dried asphalt. Once they get back in the truck, the operator lowers the dump body by depressing the lever, which does not require use of the PTO at that point.

All too often, the operator gets back into the dump truck and forgets to lower the bed and drives off. The PTO is off, which allows them to put the truck in gear and drive at highway speeds. In this event, the driver may not realize the body is up until it strikes something overhead. This failure can happen to the most experienced of drivers and certainly to the least qualified of drivers because of the repetitive nature of the job. They could be dumping loads all night long and then forget this very important step prior to getting back on the road for their next load (especially if they are being paid by the load).

Anticipating the Defense: You can expect the defense to argue that the dump body raised “spontaneously” or that the operator somehow accidentally bumped the lever causing the dump body to raise while driving. This “spontaneous body up while in motion” theory is flawed because first and foremost, raising a dump bed requires two affirmative actions by the operator: the operator must engage the PTO, and the lever that controls the raising and lowering must be moved. Additionally, most, if not all, transmissions in dump trucks have built-in governors incapable of being bypassed that prohibit the truck from operating at more than several miles per hour with the PTO engaged. Therefore, assuming your defendant’s dump truck has a transmission or engine with this type of restriction, the dump body cannot be raised while driving at highway speeds — in any circumstance.

The transmission and engine in some dump trucks can be regulated to allow the dump body to elevate while the truck is in motion. If the truck involved in your case is set in such a way, it is likely that driver error was the clear cause of the overhead strike. The defense may attempt to argue the operator left the site with the body down but with the PTO engaged and that he “bumped” the lever raising the bed while he was driving, thereby making the crash more of a “mere accident” or an “unfortunate incident” versus a clear negligent or reckless act. If these are the facts of your case, you must demand a download of the transmission to determine what the PTO settings were at the time of the crash. Even though some truck transmissions allow an operator to drive at highway speeds with the PTO engaged, there are still likely settings that were put in place restricting speed with the PTO engaged. Therefore, it is important to investigate what those settings were and who set them. The longer the dump body is up, the more it will anger a jury, creating a higher likelihood for a finding of punitive damages.

2. Dump Truck Tipping Cases

These facts are usually more straightforward and typically have many witnesses. After a dump truck driver raises his bed to dump a load, if he is on an unlevel surface, the weight of the bed can be top heavy, causing the tractor to tip over. The same can occur if he is dumping a load of dirt on a soft surface. Tipping a dump truck can be related not only to driver error but also to the general contractor’s setup and where they are instructing the dump truck operator to dump his load.

You can expect the general contractor to blame the operator for this error and argue the operator is an “independent hauler.” However, you can plead a direct negligence claim against the contractor for poorly setting up the worksite. While the operator must get his body down as quickly as possible after dumping, it is the contractor’s responsibility to ensure that the site is safe for dumping.

3. Failure to Clean the Dump Bed Adequately

Another additional risk associated with dump trucks on the roadway is a dump truck operator’s failure to adequately clean their dump body after discarding a load. This can cause loose dirt, debris, or stones to fly onto the highway and hit other vehicles, causing severe traffic accidents.