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Why cement mixers crash
A loaded mixer is one of the heaviest trucks on city streets, and its weight sits high in a rotating drum. Taking a corner too fast or swerving can tip it over. Stopping takes a long distance. Drivers also work under time pressure, because concrete has to be poured before it sets, and that pressure can lead to speeding or rushed turns.
Many crashes happen near job sites, where mixers back up, pull out across lanes or leave concrete and mud on the road. California law says drivers must not follow more closely than is reasonable and prudent for the speed, traffic and road (Vehicle Code 21703). If you were rear-ended by a mixer that could not stop, that rule is often where the case starts.
Who can be responsible
The concrete supplier usually owns the truck and employs the driver, so its insurance is the main source of payment. A building contractor that controlled the job site, or a repair shop that worked on the brakes, may share the blame. Who pays depends on the facts and the contracts, and a lawyer can sort that out.
Your own share of fault matters too. In California, pure comparative fault reduces what you can recover by your share but does not bar the claim. If wet concrete or gravel spilled from the truck, federal rules require cargo on commercial motor vehicles to be contained, immobilized or secured (49 C.F.R. 393.100). Our page on falling loads explains more.
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Records worth requesting early
Concrete companies track their trucks closely. Dispatch tickets show when each load left the plant and when it was due at the site. GPS and engine data can show speed and braking. Some trucks have cameras. These records can be lost or recorded over, so a lawyer should send a written request to keep them soon after the crash.
After certain crashes involving a commercial motor vehicle, the employer must test the driver for alcohol and drugs as soon as practicable (49 C.F.R. 382.303). Testing is required after any fatal crash, and after some injury or tow-away crashes when the driver gets a citation. Our page on drug and alcohol testing covers the details.
What to do now
Go to a doctor right away. Crashes with heavy trucks can cause head, neck and back injuries that are not obvious at first. Read about concussions after a crash if you hit your head. Take photos of the truck, the company name and truck number, the road and any spilled material. Get witness names and phone numbers.
In California, a personal injury lawsuit generally must be filed within two years of the injury (Code of Civil Procedure 335.1). In Washington, the general deadline is three years (RCW 4.16.080). Write down the report number and claim numbers, keep every bill and receipt, and do not sign a release or give a recorded statement before you talk to a lawyer.
- Get medical care and follow up with your doctor
- Photograph the truck, its number, the company name and the scene
- Ask witnesses and workers at the site for their names
- Do not sign a release or give a recorded statement yet
- Keep medical bills, receipts and proof of lost work
How we can help
Concrete companies often have their own insurance adjusters who call quickly. We handle those calls, request the dispatch records and data, and work out which companies share the blame. Call (310) 552-6959 or use the form on this page. You owe no fees or costs unless we win, and you can ask us questions before deciding anything.
Crashes with other heavy work trucks raise many of the same issues. See our pages on dump truck accidents and truck crashes in construction zones. For more on heavy truck claims in general, visit our California truck accident lawyer page or browse all accident questions. If your crash happened in Washington, the deadline and insurance rules are different, so tell us where it happened.
Common questions
Who pays if a cement truck hits my car?
Usually the concrete company that owns the truck and employs the driver, through its commercial insurance. In California, an employer is generally liable for crashes its employee causes while working. Other companies, like a contractor running the job site, may share the blame depending on the facts.
What if concrete or gravel from a mixer damaged my car?
Federal rules require cargo on commercial motor vehicles to be contained, immobilized or secured so it does not shift or fall. Photograph the damage and the truck, write down the company name and truck number, and get a repair estimate. Wet concrete can harden quickly, so take photos right away.
Can a cement mixer tip over on a turn?
Yes. The heavy drum sits high on the truck, so a fast turn or sudden swerve can roll it. Speed, the size of the load and the road all matter. Data from the truck and witness accounts can show how fast the driver took the turn.
How long do I have to make a claim?
In California, a personal injury lawsuit generally must be filed within two years of the injury. In Washington, the general deadline is three years. If a public agency’s truck was involved, a written claim generally must be presented within six months. Talk to a lawyer early.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.