As the first buds of spring begin to emerge, so does the annual surge in construction activity across US roads. With the return of construction season comes traffic cones, slowed speed limits, closed lanes, flashing signs, and changes in our commonly treaded traffic patterns. These changes to our normal daily commutes bring with them the increased risk of traffic incidents.
According to the U.S. Department of Transportation’s Federal Highway Administration, 956 people died in highway work zone crashes in 2021 compared to 863 the year before. And the number of work zone crashes involving commercial vehicles is notably on the rise. The National Work Zone Safety Information Clearinghouse reports that 34% of work zone fatalities came from crashes involving a commercial motor vehicle, even though large trucks make up only 5% of road traffic.
In response to the dangers posed by work zones, National Work Zone Awareness Week has become a vital initiative. It's a time when we turn our attention to the heightened risks that come with road construction and renovation. At The Law Firm for Truck Safety, we are participating in this effort, focusing on the critical task of highlighting the dangers construction zones pose to everyday drivers.
We are committed to not only shedding light on the statistics and stories behind work zone truck accidents but also to educating the public on how to navigate these areas safely.
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No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
Referrals & Co-Counsel
No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Involved in a Crash?
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
Why are Truck Accidents in Work Zones Different?
The mix of congested traffic, fluctuating speed limits, and lane changes alongside the presence of workers and construction equipment, narrow lanes, and abbreviated merge lanes significantly raise the risk of accidents. Construction zones often create bottlenecks that can lead to traffic stopping abruptly in unexpected places. This sudden stoppage poses a severe risk for vehicles traveling at high speeds, particularly when the construction area is hidden around a bend, or when the vehicle in question is a large one, such as a tractor-trailer, which inherently requires more distance to come to a complete stop.
Accidents that involve a large truck tend to have more severe consequences compared to collisions between smaller vehicles wherever they happen; however, in a construction zone, the damages from these crashes usually cause more harm. This is because the presence of unprotected workers and stationary or slowing vehicles amplifies the potential for damage.
For example, semi-trucks, which can weigh up to 80,000 pounds, struggle with rapid stopping or maneuvering and have a higher risk of overturning. Additionally, compared to other vehicles on the road, their size increases the likelihood of jackknife and underride crashes. This combination of factors makes large truck accidents in work zones particularly devastating, underscoring the need for heightened caution and strict adherence to safety regulations in these areas.
When it comes to filing a truck crash claim for a work zone crash, the dynamics of the legal landscape change, too. While unsafe driving behavior and poor hiring practices are the most common causes of truck crashes, in a work zone, there may be some wrongdoing on behalf of the construction company as well –especially if it fails to adhere to regulations governing traffic signage.
Causes of Truck Accidents in Construction Zones
There are many reasons why truck accidents occur in construction work zones. Some of these are unique to work zones, while others can occur anywhere on the road. Here are a few of the top reasons why truck accidents occur in construction work zones.
- Speeding
- Failure to merge early enough to account for vehicle size and weight
- Failure to conduct pre-trip inspections or failure to maintain vehicles
- Driver negligence
- Driver fatigue
- Drunk, drugged, or distracted driving
- Unsecured loads
- Construction crew’s failure to provide warnings to oncoming traffic via signs and cones
No matter the circumstances of your accident, if you or a loved one has suffered injuries in a work zone accident involving a commercial truck, and you suspect another party's fault, it's crucial to seek the guidance of an expert road work zone accident attorney. Such legal professionals are adept at navigating the complex nuances of these cases, enabling them to assess whether you have a valid claim and the potential for financial compensation.
Common Injuries in Construction Zone Truck Crashes
Accidents involving semi-trucks often lead to severe, if not catastrophic, injuries. Victims may suffer from a range of devastating injuries, including paralysis and spinal cord injuries, burns, traumatic brain injuries, amputation, and other orthopedic injuries, with the most tragic incidents resulting in death.
Beyond the physical toll, the psychological impact of such accidents can be profound, with many individuals experiencing lasting emotional trauma and conditions such as PTSD. These emotional issues can require expensive treatments, doctor visits, and medication potentially affecting a person's work performance and personal relationships.
If you've suffered physically or emotionally as a result of your truck accident, you may be eligible for compensation to cover your medical expenses, lost wages, and any decline in your quality of life. Consulting with an experienced truck accident attorney is a crucial step toward understanding your rights and the scope of compensation you're entitled to. These legal professionals specialize in assessing the specifics of your case, advising on the potential for a fair settlement, and ensuring that all relevant damages are accounted for in your claim.
Challenges to Claims for Work Zone Accidents
Navigating the complexities of a work zone truck accident claim presents significant challenges, especially when it comes to pinpointing responsibility and proving negligence. The potential defendants in such cases are varied, ranging from the truck driver, the construction crew, and the trucking company to manufacturers of the truck, shipping brokers, as well as third-party maintenance or loading crews—or even a combination of these parties.
Identifying the right defendants is a critical first step, one that can be daunting without the expertise of an attorney specialized in construction zone truck accident cases.
Once the liable parties are identified and a case is constructed, another set of hurdles emerges. Trucking companies, construction firms, and particularly insurance companies are notorious for combating claims of negligence and finding loopholes that allow them to avoid paying fair settlements.
Given that trucking insurance policies often involve substantial sums, insurance providers are especially motivated to minimize payouts. Their strategies include deploying their expertise to dispute claims of negligence effectively and exploiting any available legal loopholes to reduce or deny settlements. With such formidable opposition, victims of truck accidents in work zones find themselves in dire need of robust legal representation.
When this happens, the expertise of experienced construction zone truck accident attorneys becomes invaluable. These legal professionals not only assist in accurately identifying and proving the liability of the parties involved, but also in countering the sophisticated defense tactics employed by insurance companies. With their knowledge and resources, these truck accident attorneys are essential for leveling the playing field, ensuring that victims have the best possible chance of receiving the compensation they rightfully deserve.
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FAQs about Work Zone Truck Accidents and Their Claims
How Can I Find Legal Help for Truck Accidents in Work Areas?
If you or someone close to you has been affected by a work zone accident involving a truck, and you suspect another party is at fault, securing the support of a skilled work zone truck accident attorney is crucial.
To determine that the attorney you’re working with is proficient in handling work-zone-related truck crashes you’ll want to:
- Start by focusing on attorneys or law firms that operate within the state where the accident occurred, ensuring they possess an in-depth understanding of the relevant state and local regulations. Be sure to ask about the specific experience they have managing truck accident claims, as these can significantly differ from other types of vehicle accidents in complexity and scope.
- Select a legal representative who demonstrates a readiness to take your case to trial if necessary. Given the resilience of insurance companies in settlement negotiations, you need an advocate who is prepared and experienced enough to engage in trial litigation if that is what just compensation demands.
- Evaluating a law firm's success and client satisfaction levels is also key. While settlement figures can provide some insight, they may not always tell the full story. Client testimonials and firm reviews can offer a clearer picture of the firm's ability to meet its clients' objectives, communicate effectively, and navigate the intricacies of truck accident claims.
This comprehensive approach will help you identify a legal partner capable of advocating for your rights and achieving the compensation you deserve.
Who is Liable for a Truck Accident in a Work Zone?
Determining who is at fault in a truck accident case occurring within a work zone involves navigating a complex web of liabilityLegal responsibility for one's acts or omissions. In negligence cases, liability includes proving negligence, proving causation, and resulting damages.. As with any personal injuryLegal term for an injury to the body, mind, or psyche, as opposed to an injury to property. lawsuit, the burden rests on the plaintiffA plaintiff is the person or party who initiates a lawsuit before a court. By filing a complaint, the plaintiff seeks legal remedy for the harm caused by the defendant's actions or inactions. In civil cases, the plaintiff is the party who claims to have incurred a loss due to the defendant's breach of duty or violation of their rights. In the United States, the plaintiff bears the burden of proving their case to obtain relief or damages from the defendant. to demonstrate that the defendantA defendant is the individual, company, or institution against whom a lawsuit is filed in a court of law. In the context of a legal dispute, the defendant is accused of causing harm or loss to the plaintiff, either through direct action, negligence, or failure to perform a duty. The defendant must respond to the plaintiff's complaint, offering defenses or counterarguments to the allegations made against them. In criminal cases, the defendant is the person charged with a crime, and the prosecution acts to prove the defendant's guilt beyond a reasonable doubt. failed to fulfill their duty of care and that that failure directly resulted in injuries for which the defendant should now be held accountable. The range of parties potentially liable in a truck accident case can be broad, each with their specific roles and responsibilities that might contribute to the accident. These can include:
The Truck Driver
If the person driving the truck involved in your accident was distracted, driving while fatigued, drunk, or otherwise impaired; if they failed to perform regular maintenance or properly secure their cargo, or if they were speeding, they could be found liable for the crash.
The Trucking or Logistics Company
Trucking companies frequently find themselves as defendants in truck crash lawsuits, not just because of their direct involvement through ownership of the vehicles and employment of drivers, but due to their business practices which can significantly contribute to accidents.
This can include hiring unqualified drivers or drivers with bad records, failing to sufficiently train drivers, failing to schedule enough rest time for drivers or incentivizing them to skip their scheduled rest times, failure to upkeep maintenance on their fleet, and more.
Maintenance Crews
If the driver or trucking company outsources maintenance to a third party, and that business fails to catch or resolve an issue that fully or partially caused your crash, the maintenance company could be found liable as well.
Parts Manufacturers
When a crash is caused by mechanical failure, your lawyer may name the company that manufactured the faulty part in your lawsuit. If the manufacturer of the truck or truck part failed to conduct appropriate testing or knew the part was faulty but didn’t recall it, they could be sued as well.
Third-Party Partner
Depending on the circumstances around your crash, several other third-party companies could be named in your lawsuit. For example, if your crash was caused by an unsecured load and someone other than the driver loaded the vehicle, they could be named in your suit.
Construction Company
The company that set up the work zone is obligated to make the construction site safe, not create dangers, and warn of dangers that may exist prior to entering the work zone. If the construction company failed to do any of these things, they could be named as a defendant in your truck crash lawsuit.
This is true if the construction company set up a route that forced motorists to make dangerous maneuvers; if there weren’t appropriate warning signs or if those signs weren’t placed per national laws; if signs or barricades were placed too close to traffic lanes, or if construction equipment impairs the movement of vehicles.
How Do I File a Truck Accident Claim for a Crash in a Construction Zone?
Initiating a truck accident claim, particularly one that took place in a construction zone, requires a few crucial steps, starting with securing the services of a proficient attorney. This legal professional will guide you through the complexities of the claim process, assist in pinpointing liable parties, compile necessary evidence, and help you calculate the compensation you're entitled to. It's important to note that the timeframe for filing a truck accident claim, known as the statute of limitations, varies by state and tends to be relatively brief, so contacting an attorney who specializes in truck accident cases as soon as possible is crucial.
For those looking to pursue a truck accident claim, reaching out to the attorneys at The Law Firm for Truck Safety could be a decisive step toward achieving justice and compensation. Our firm has more attorneys certified by the National Board of Trial Advocacy than any other law firm nationwide. Additionally, five of our team members possess commercial driver's licenses, offering us unparalleled insights into the trucking industry's operational standards and regulatory compliance.
Our extensive experience in representing truck crack victims and their families, combined with our deep understanding of truck safety positions us uniquely to uncover pivotal facts that general personal injury lawyers may miss.
We have secured over half a billion dollars for our clients, including more than 60 settlements and verdicts in excess of $2 million.
For anyone affected by a truck accident in a construction zone, The Law Firm for Truck Safety is equipped to fight for the compensation you rightfully deserve.
Contact our attorneys today to begin your journey towards recovery and justice.
