Although we may think of ice cream trucks as nostalgic in reminding us of our childhoods, we also must be careful around them given that their very nature attracts young children to run towards a moving vehicle. If you or a loved one has been in an ice cream truck accident, contact us for a free consultation to see if you may be entitled to compensation.
What kind of accidents or injuries can result?
One of the most common accidents with ice cream trucks occurs when it is stopped. The driver may begin to move the ice cream truck, but fail to realize that a child is running towards them from one direction. There are variations of how an accident between a child and an ice cream truck can occur when stopped, however, they all can, unfortunately, severely injure a child and even kill them.
Ice cream truck accidents can happen in the same way as any other type of motor vehicle accident. That would be by drunk driving, fatigued driving, distractions, failure to follow traffic lights, failure to follow traffic signs, and more. Also, ice cream trucks require certain mechanisms to keep the freezing ability functioning in the vehicle. It is imperative that ice cream trucks are regularly maintained and inspected to ensure that they are as safe as possible and no parts are defective or malfunctioning. If it does malfunction due to a lack of inspection by the truck’s company, then the injuries can be devastating and cause you to lose control of the vehicle around children. Injuries from any of these may include bruising, broken bones, fractures, whiplash, concussions, neck or back injuries, or death. However, the severity of these injuries is often worse since it is often small children that are affected.
Who is liable?
These cases are based on negligence, which is determined by finding if the other party owed you a duty of care, breached that duty of care, your injuries directly resulted from their actions, and you suffered actual damages and losses.
If the accident was a motor vehicle collision with any other type of vehicle, then liability would fall on whichever party was behaving against the law and failing to follow traffic laws and rules of the road. Your attorney can use their ample resources to investigate the accident and determine this answer for you. If the truck has a defective part, the auto manufacturer or product manufacturer can be held liable under product liability laws. The manufacturer would be responsible for releasing a defective and potentially dangerous product to the public. If the accident was due to a lack of proper maintenance and inspection, the employer can be held liable, once more, since that is their duty to provide a safe working environment for their employees. Ultimately, failing to do so is negligent and leaves them liable for the accident.
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Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 950 outstanding client reviews on our website, an A+ BBB rating, and over 130 five-star reviews on Google. Call 888-572-0176, email us at [email protected], or schedule a meeting with us here. We’re here 24/7.
