Construction Site Dump Truck Tip Over Case Example Expert Article

Among the safety precautions that must be taken on a construction site are assurances that the ground conditions are stable and suitable for the equipment, vehicles, and workers operating on it. 

In this case example, construction safety expert, Gregory Pestine, P.E., shares his investigation of an incident in Chicago where unstable ground conditions on site led to a full dump truck tipping over and injuring the driver.

Dump Truck Tip Over on Chicago Construction Site

Case Details

The City of Chicago is continually upgrading and expanding its various facilities. On one project, spoils were being dumped on a landfill site where a stockpile was being built up.

The construction manager’s contract and project drawings included adherence to the on-site erosion control plan and compliance with EPA requirements. The construction manager (CM) was required to perform daily site inspections and had the authority to stop unsafe work, issue field directives, and ensure deficient work was repaired. The CM had safety assurance oversight for the project and this particular landfill site, and controlled who could access that site.

A dump truck driver attempted to dump a load of spoils on wet, uneven, and unstable soil, as directed by the excavation contractor. The area had not been properly prepared. It consisted of a grassy surface with wet topsoil beneath.

As the driver began to raise the dump bed, the wheels on one side began to sink deeper than the other side, causing the truck to tip over and the driver to become injured.

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Case Findings

Gregory Pestine, P.E., testified on behalf of the plaintiff truck driver that the cause of the incident was the unsafe condition created by wet, soft, and uneven ground.

Our expert found that the construction manager contributed to the incident by violating its contract requirements, OSHA standards, and in failing to exercise its control over the project:

• Failed to inspect the site prior to allowing dump trucks to enter
• Failed to have a stabilized construction entrance installed in accordance with contract and EPA standards, which would have provided a firm base for the dump truck
• Failed to reasonably foresee the probability of a truck rollover in light of a previous rollover on uneven and unstable soil on the site
• Failed to take responsibility for safe working conditions

Standards for Material Handling Equipment

The Occupational Safety and Health Administration has enacted CFR 1926, federal regulations representing the minimum required safety standards in the construction industry. 

OSHA 1926.602 – Material Handling Equipment includes:

602(a)(3)(i): No employer shall move or cause to be moved construction equipment or vehicles upon any access roadway or grade unless the access roadway or grade is constructed and maintained to accommodate safely the movement of the equipment and vehicles involved.

Construction Safety Investigations

The Construction Safety experts at Robson Forensic have worked at every level within the industry, from bricklayer on residential projects to project manager on multi-prime worksites. Our experts have done the work central to your case and can testify regarding the hazards, risks, and responsibilities in the construction industry.

Submit an inquiry or call us at 800.813.6736 to discuss your case with an expert.

Featured Expert

Gregory H. Pestine, P.E.

Civil Engineer & Construction Safety Expert

With over 40 years of experience in the construction industry, Greg has worked on a wide variety of projects, in many different roles. As a superintendent, quality control manager, and resident… read more.