Driving through a construction zone can be confusing and stressful. More than that, construction zones pose a heightened risk of accidents. Due to the sheer size and weight of construction vehicles, accidents involving these trucks can result in catastrophic injuries and other losses.
If you have been in a construction zone truck accident, you may be facing a lengthy recovery, emotional trauma, and mounting financial insecurities. Pursuing just compensation from the responsible parties is a key step in rebuilding your life after such a devastating incident. That said, these kinds of insurance claims and lawsuits can be extremely complex, with many variables.
This is no time to go it alone. The results-driven truck accident attorneys at Johnston Personal Injury Law Firm are adept at handling all sorts of work zone accidents involving construction vehicles. We proudly represent individuals and their families who have been injured due to the negligence of truck drivers, corporations, and other entities in construction zones.
Don’t hesitate to get the guidance you deserve after a construction zone accident. Call Johnston Personal Injury Law Firm or fill out our online contact form for a free consultation. Our award-winning Legal team wants to help.
Common Factors in Construction Zone Truck Accidents
When driving through a construction zone, you often have to share the road with dump trucks, bulldozers, forklifts, cranes, and other large trucks and equipment. Sadly, commercial motor vehicles were involved in 282 work zone fatal crashes across the nation in 2022. Clearly, driving in a construction zone requires vigilance on the part of everyone.
Road construction zones can be difficult for any driver to navigate. For truckers, certain factors present additional challenges, such as:
- Narrow lanes: When lanes narrow, truck drivers may unintentionally go off the road or sideswipe another vehicle.
- Merging lanes: When lanes end or merge while you are entering a work zone, it can be difficult to see smaller vehicles attempting to get ahead of a large truck. Additionally, commercial trucks may have difficulty staying within and following temporary lines.
- Poor visibility: Work zones have many things happening at once. Temporary signs, barriers, other construction vehicles, and mirror limitations can make it challenging to see other drivers on the road.
- Uneven surfaces: When the road surface is uneven or turns to gravel, a large vehicle can become destabilized, especially those carrying heavy or poorly balanced loads.
- Sudden stops: Construction zones tend to be congested and cause a lot of stop-and-go traffic. Frequent or sudden stops are more difficult for large commercial vehicles and can easily result in a severe truck accident.
- Confusing layout: In some work zones, it is not clear what lane you need to be in until the last moment. When a truck attempts to change course quickly, it’s often an accident waiting to happen.
- Lack of adequate warning: When a construction crew fails to provide warnings to oncoming traffic via signs and cones, a terrible truck accident can occur.
In addition to factors that are unique to work zones, other top reasons for truck accidents include:
- Speeding
- Distracted driving
- Driver fatigue
- Driving under the influence of drugs or alcohol
- Failure to properly maintain the truck
- Failure to conduct pre-trip vehicle inspections
- Unsecured loads
One or more of such factors at play can result in a life-altering accident. In the aftermath of a construction zone truck accident, an experienced attorney can help you establish the exact circumstances that led to the incident, thus laying a strong foundation for a robust injury claim.
Potential Liability in a Construction Zone Truck Accident Case
Determining who is at fault in a truck accident that occurred in a construction zone can be much more complicated than in a typical passenger vehicle accident. It is not uncommon to find that the negligent actions of multiple behind-the-scenes parties contributed to the crash.
The following individuals and entities could potentially be held liable in a work zone truck accident claim:
- The truck driver: The person driving the truck often bears at least partial responsibility for the accident. For instance, if it is determined that the accident was due to drunk driving or that the truck driver was using an illegal substance, distracted, fatigued, speeding, or otherwise negligent, then he or she could be liable for the accident.
- The trucking company: The Federal Motor Carrier Safety Administration (FMCSA) sets mandatory safety regulations on the trucking industry. Trucking companies are required to enforce these rules and any state laws that may apply. Companies must closely monitor each driver’s safety records and driving schedules and ensure that their drivers have sufficient training and experience to handle the commercial vehicle safely. If a company fails in these matters, it could be held liable for an accident.
- Parts manufacturers: Trucks are made up of thousands of components. A problem with an integral part could lead to a critical accident. If the manufacturer of the truck or truck part failed to carry out proper testing or knew the part was faulty but did not recall it, they could be held accountable for a product liability claim.
- The truck mechanic or maintenance crew: Large commercial trucks require frequent and continual maintenance. If mechanics and repair shops are less than diligent, necessary upkeep or repairs could be overlooked or put off. In such cases, key elements could fail, leading to serious accidents.
- Cargo loaders: Trucks in construction zones carry heavy loads. The cargo must be loaded and secured properly to guarantee it is safe for the road. Freight loaded or secured incorrectly could shift when the truck is moving. This can affect the truck’s stability, or the load could break loose and fly off the trailer, causing an accident.
- The construction company: The company that sets up the work zone is obligated to make the construction site safe for all who move through it. There must be appropriate signs and barricades, and drivers must be properly warned of any dangers before entering the construction zone. What if the construction company fails in these and other matters or sets up a route that forces drivers to make dangerous maneuvers? The company could be held liable for an ensuing accident.
- A municipality or city: What if the state, county, or town responsible for maintaining the roadway should have closed down the road during construction or redirected traffic, yet failed to do so? The responsible entity may be liable for the resulting truck accident.
Accurately identifying the liable parties and establishing negligence in a construction zone truck accident case is best done with the assistance of a qualified personal injury attorney. Your lawyer will use his or her knowledge and resources to hold all responsible parties accountable and pursue every avenue for restitution.
Potential Compensation After a Work Zone Truck Accident
A crash with a large construction vehicle can result in injuries that change the entire trajectory of your life. The physical and emotional fallout from the accident may negatively impact you long into the future. In the face of such difficulties, it is critical that you pursue enough compensation to meet your current needs and to ensure your future well-being.
In a construction zone truck accident, you may be able to obtain restitution for:
- Current and future medical expenses
- Cost of long-term care
- Permanent disability and impairment
- Home or vehicle modifications
- Lost wages and benefits
- Reduced earning capacity
- Personal property damage
- Pain and suffering
- Emotional trauma and distress
- Reduced quality of life
- Additional out-of-pocket expenses related to the accident
- Wrongful death
This is by no means an exhaustive list. A truck accident attorney will be able to assist you in assessing just how deeply the incident has impacted your life and then calculate a fair and accurate settlement amount.
What’s more, please understand that trucking companies, construction firms, and others working in construction zones often have deep pockets and carry substantial insurance policies. These insurance providers will fight tooth and nail to minimize or even deny settlement amounts. You need a well-practiced lawyer who is familiar with the insurance company’s tactics to negotiate on your behalf.
Reach Out to a Dedicated Truck Accident Lawyer for Help
Construction zone truck accidents can be terrifying, leaving you physically, emotionally, and financially shattered. You need help now more than ever. Having professional legal counsel backing you up will give you peace of mind and increase your chances of resolving the case in your favor.
At Johnston Law Firm, we pride ourselves on standing up and seeking justice and compensation for individuals and families who have been seriously hurt by negligence in construction zones and trucking accidents. Furthermore, we feel strongly about empowering individuals to take on large companies and achieve justice. Our truck accident lawyers are ready to advocate on your behalf, with commitment and a strong record of success.
Our founding attorney, Marc A. Johnston, is also a member of The Academy of Truck Accident Attorneys (ATAA) — a nonprofit organization whose mission is to recognize, educate, and advocate for lawyers who represent victims of truck accidents. Thus, he is well qualified to see your construction zone truck accident claim through to the end.
Contact a highly rated and approachable truck accident attorney for the help you deserve. Call Johnston Law Firm directly or fill out our online contact form to schedule a free, confidential case review. Let’s get you on the path to a bright future.
The post Legal Implications of Truck Accidents in Construction Zones appeared first on Johnston Law Firm.
