Everyday cars and motorcycles are colliding with trash dumpster contains, construction vehicles and equipment and other large objects parked on streets and highways. Often these large objects have been parked on the street without any warning cones, lights, barricades or reflectors. Further many of these dumpsters containers or construction boxes or equipment have been placed in a lane of traffic or partially into an existing lane in a parking zone without any sort of traffic or safety study or a required city permit. When filled with construction debris or trash these dumpster boxes can weigh 10,000’s of pounds and become a deadly target for the unwarned bicyclist, motorcyclist or motorist. Like in the picture on this page, no reflective warning tape, cones or barricades have been erected or used to prevent a crash especially at night. The width of many containers even when parked next to the curb exceed the normal width of a parked car or truck requiring the driver to steer dangerously into oncoming lanes to avoid contact. Additionally the negligent placement of such containers near driveways and sidewalks creates an extremely dangerous obstructed view to vehicles trying to exits such adjacent driveways and unnecessary dangers to pedestrians walking on the other side of the parked obstruction. In many cities in order to get a permit, the owner or user of the dumpster or other large machinery or equipment would also be required to have a flagman onsite to help warn oncoming traffic and prevent accidents. This is another area we would explore to show fault against the wrong doers.
When an accident occurs with one of the unmarked construction dumpsters or equipment, an immediate investigation needs to start to determine the owner of the container or equipment, dimensions of the dumpster, placement in the street, distance from driveways and curbs, any markings around the container that would show no effort was made to warn others, pictures of any debris inside dumpster that may help determine where the contents came from or which office or building is using the dumpster and lastly any marking or building permits or construction trucks in the area that would help identify which company had rented or was using the dumpster.
The importance to this is that all of these parties are all potential defendants in a serious or catastrophic injury case. In such cases, a negligence based lawsuit would be filed against the negligent parties involved to help recover the personal injury damages and remedies available for medical expenses, pain and suffering, mental anguish, loss wages and other damages in the past and in the future. In some cases a request to the jury to award punitive damages against the wrongful party may be in order, especially when the dumpster placement is unpermitted or where the potential danger has been pointed out to the previously to the defendant, previous accidents have occurred or is shown that the hazardous placement to be intentional or habitual. If this has happened to you or a loved one and you would like to learn about your legal rights, then call our toll free helpline to learn more. Talk to a Board Certified Personal Injury Trial Lawyer with more than 33 years of experience in handling serious personal injury and wrongful death cases in Texas and other parts of United States.All cases are handled on a contingency fee basis. No Fees or Expenses Charged to You, unless we obtain a recovery for you. Call Toll Free for more information.