It’s always a scary moment when you find yourself in a construction zone and get the “tap tap” of an oversized vehicle. A truck accident can be devastating, especially if it takes place within a construction zone (CZ). These accidents not only cause more damage to the area and people involved but also take much longer to repair due to the special safety precautions that need to be taken.
Truck accidents involving large vehicles in construction zones are often the fault of one party or another, but sometimes it is not so clear-cut. In this article, let’s look at how to understand liability in construction zone truck accidents.
Who Is Liable In a Truck Accident?
Most truck accidents happen because drivers do not obey the signs that indicate construction zones or other restrictions. Drivers either fail to notice the warning signs or they drive through them anyway, assuming that other drivers will give way. Many of these accidents could be prevented if all drivers obeyed the warning signs. Drivers who are injured in a truck accident may want to contact an Indiana construction zone truck accident lawyer to see if they can get compensation for their injuries. Usually, it is the driver who caused the accident that is liable for causing the injury, but it is possible that there may be more than one person at fault. Indiana law says that drivers have a duty of care when on the road and must obey all traffic signs. If the driver fails to do this, then that driver may be liable for any injuries caused in an accident.
What Leads to Truck Driver Negligence?
Truck driver negligence is usually caused by distraction. This can be caused from texting from a smartphone, talking on a cellphone or other handheld device, eating and drinking inside the truck, talking to passengers in the truck, checking personal messages such as emails and social networking sites etc. While some may argue that being on the phone helps truck drivers to avoid distractions, a good number of accidents that take place in construction zones occur while a truck driver is on a cellphone.
Truck Drivers and Construction Zones
Construction zones are usually very busy places which is why they require extra caution from all motorists. However, there have been many cases where truck drivers fail to take into account that they are entering a construction zone and as such, cause accidents because of their negligence. Most motorists who get involved in an accident with a big rig hire lawyers to represent them.
Truck accident lawyers specialize in truck accidents and so, can handle all relevant information about the driver’s negligence. This helps to ensure that the truck driver will face consequences for causing an accident.
When Truck Drivers Are Liable in a Truck Accident
Construction zones are one of the most dangerous places for truck accidents. When a truck driver has to slow down, or even stop in one of these construction zones, they have to predict whether or not oncoming traffic will be able to see them soon enough to avoid an accident. If you’ve been injured in a car accident with a tractor trailer in any type of construction zone, your best bet is to consult a personal injury attorney.
If the truck driver and trucking company (the defendant) were negligent in constructing or maintaining the roadway, failing to give proper warnings of slow-downs due to construction work, not providing adequate equipment such as flashing lights and arrow boards to keep oncoming traffic away during construction, or not providing proper signage indicating construction zones and slow-downs ahead, then liability belongs to the defendant.
If you were injured as a result of that negligence or because those involved in the accident were not using reasonable care themselves (such as failing to wear their seat belt, speeding, tailgating), then your family may be able to receive compensation for your injuries and losses.
How to Handle Negligent Truck Drivers?
When it comes to construction zone accidents, truck drivers are always considered negligent when they cause accidents with other vehicles. A good number of these accidents lead to severe injuries and fatalities.
When you are involved in an accident, always make sure you explore all possible means of filing a claim. There may be some claims that aren’t worth pursuing, or ones where it’s not required, but there are many others that could give you more money than you think.
In some cases, you have to get a truck accident lawyer to help you win the case. In other cases, you can handle the claims process on your own. Once liability is established and a settlement offer has been made by the insurance companies involved, it’s time to come up with a plan that will work in your best interest for making the settlement.