The U.S. Department of Transportation reported 891 fatalities in traffic work zones in 2022. An additional 37,701 people were injured. Thirty-three percent of fatal construction zone accidents involve large trucks. Fifteen percent of construction zone injury accidents involve large trucks.
Construction zones are dangerous places for trucks. Our experienced Jacksonville truck accident lawyers explain why and what you need to know.
Why Truck Accidents Are More Likely in Construction Zones
Large trucks, small construction zones
Trucks are some of the largest vehicles on the road. In a construction zone, traffic is usually compressed into a smaller space. When vehicles are closer together, even a small error or lapse in judgment can result in a collision.
Unusual traffic maneuvering
Work zones often redirect traffic. They need the area they are working in to be free of moving vehicles. A four-lane freeway may become two lanes in each direction, for example. These traffic routing patterns may be challenging to safely maneuver.
Out of the usual routine
We all have our usual traffic routes. When a person has driven a route many times, they may not be prepared for a work zone. This is true whether it is a passenger driver commuting to work or a truck driver on their usual route.
Less visibility
Work zones are temporary. Because of the unusual traffic routing and vehicles and equipment in the area, drivers may not have as much visibility as usual. The decreased visibility occurs at a time when drivers need to follow unusual traffic signs.
Debris, gravel, and uneven roads
A construction zone often has debris and gravel. A road may be uncompleted and have a different surface than finished roads. Unusual terrain can make vehicles respond in different ways than they do on normal roads. Dust and dirt kicking up may confuse a driver or hurt their ability to see what is in front of them.
Heavy equipment nearby
Construction workers use heavy equipment. This equipment is usually found in the work area.
Large vehicles may take up shoulder space or may make it harder to see. The result may be an accident.
People outside of their vehicles
Work zones have workers that can be hard to see. A driver may collide with another vehicle to avoid a pedestrian accident.
Distracted driving
Drivers should pay extra attention in construction zones. Too often, they don’t. Distracted driving can be especially dangerous in a construction area.
Common Causes of Catastrophic Truck Accidents in Construction Areas
- Failing to leave sufficient following distance
- Improper lane change
- Ignoring traffic routing signs
- Carelessness, complacency
- Speeding, driving faster than the posted limit
- Unsafe traffic routing patterns
- Lack of signs to route drivers safely
- Not merging early when there is a traffic shift
- Driving aggressively, trying to drive around traffic
Legal Challenges in Construction Zone Truck Accident Cases
Construction zone truck accident cases can be challenging in several respects.
Identifying the defendant
Parties that may have legal liability include the trucking company, construction company, or government agencies. Liability can be complex, and determining who is responsible for paying compensation can be difficult.
Proving negligence
You must prove what happened and who was legally negligent.
Responding to allegations of contributory negligence
If the defense accuses you of being at fault, you must fight back.
Catastrophic injury
Construction zone truck accidents often result in catastrophic injury. Future damages and the high value of pain and suffering can create a challenge. The plaintiff must build their evidence and identify compensation available under the law.
Legal procedure
A claim must correctly state the theories of liability. Then, if the case goes to trial, you must ask for the appropriate questions to be presented to the jury. To litigate a case successfully, you must anticipate the defense’s legal maneuvering and strategize for your case.
Qualified experts
An expert must be qualified to testify to the specific issues in the case. Particular attention should be given to ensure the expert meets legal standards for admission of testimony. You may challenge defense experts on the grounds of qualification.
The Role of Speed Limits and Traffic Control Measures
Work zones usually have lower speed limits and signs that indicate traffic shifts. North Carolina Law requires drivers to observe these directives (N.C.G.S. § 20-141(j2), creating a penalty for speeding in a work zone; N.C.G.S. § 20-158(a), authorizing the Department of Transportation to place traffic signals in appropriate places).
When a traffic law like a speed limit is violated, the statutory violation can be strong proof of negligence. Negligence per se applies where a public safety statute imposes a duty on someone for the protection of others. Manzoeillo v. Pultegroup, Inc., et al., No. COA21-722 (2023). A plaintiff may assert negligence per se and general negligence. Violation of speed limits and traffic control measures can be cited as fault for a catastrophic truck accident in a construction zone.
Proving Liability in Construction Zone Truck Accidents
Proving liability in a construction zone truck accident claim involves laws and facts. Because of the unusual traffic patterns, the development of factual and expert testimony may be especially important to proving liability.
Safety Tips for Drivers Passing Through Construction Zones
When you’re in a construction zone, slow down. Know that there may be signs indicating a traffic shift. Look out for unusual things, even if it’s your usual route. Things may change in a short period of time. Leave enough following distance even if it seems like other drivers are too close. Know that your vehicle may react differently on unusual surfaces like gravel.
How Construction Companies Can Reduce Accident Risks
Construction companies can reduce accident risks by being aware of road construction zones.
They may need alternative routes. Drivers should be trained to maneuver in work zones and should not be pressured to speed or drive carelessly. Loads should not be overweight or uneven.
Contact an Experienced Jacksonville Truck Accident Lawyer
If you have been in a catastrophic truck accident in a construction zone, we invite you to contact Horton & Mendez Injury Attorneys. We are experienced Jacksonville truck accident lawyers. Please contact us today.
