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Guidance for Building Strong Claims in Complex Work Zone Crashes
By Attorney Briant G. Mildenhall
Partner, Fried Goldberg, LLC
Large trucks are responsible for a disproportionate number of crashes in work zones on roadways. Navigating the complexities of work zone cases involving large trucks requires a keen understanding of both legal intricacies and the unique challenges these types of accidents present.
Whether you're new to this area of practice or seeking to deepen your expertise, it's critical to be well-versed in what to look for and how to effectively represent clients in these sensitive matters. Here's a beginning guide to help you navigate work zone cases involving large trucks with confidence and competence.
Key Considerations in Work Zone Cases with Large Trucks
1. Regulatory Compliance and Standards
Work zones are governed by specific regulations designed to ensure the safety of both workers and motorists. Familiarize yourself with relevant federal and state laws, including signage requirements, speed limits, and traffic control measures within work zones. This includes requirements for work zone safety and planning in the Manual on Uniform Traffic Control Devices (MUTCD).
2. Evidence Collection and Preservation
Promptly securing evidence is crucial in work zone cases. This includes obtaining police reports, witness statements, photographs of the accident scene, and any available surveillance footage. Preservation of physical evidence such as skid marks, debris patterns, and signage can provide critical insights into the dynamics of the accident. Be sure to submit open records requests regarding the construction project and obtain information about any other accidents that occurred in the same area.
3. Driver and Employer Liability
Determine potential liability by thoroughly investigating the actions of the truck driver and their employer. Was the driver fatigued, distracted, or under the influence of drugs or alcohol? Did the employer adequately train and supervise the driver regarding work zone safety protocols? The CDL manual and other industry sources caution truck drivers about the dangers of driving through work zones.
4. Special Considerations for Large Trucks
Large trucks pose unique challenges in work zones due to their size, weight, and limited maneuverability. Factors such as blind spots, stopping distances, speed, and the impact of sudden lane changes or braking maneuvers should be carefully analyzed when assessing liability.
5. Insurance Coverage and Claims Handling
Work zone accidents often involve multiple parties, including government entities, contractors, subcontractors, and insurance companies. Understanding the interplay between different insurance policies and coverage limits is essential for maximizing recovery.
Building a Strong Case
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Expert Witnesses
Due to the complexity of work zone cases and the issues presented, consider retaining experts in accident reconstruction, trucking industry standards, engineering, road design, and work zone safety to provide authoritative opinions on liability and damages. In some states, an affidavit from an engineer may be required to file a lawsuit alleging negligence related to work zone design and safety. - Governmental Immunity
While many states may limit recovery against DOTs or other governmental entities, these protections do not always apply to contractors. Be sure to check state laws related to such immunities and any exceptions. Obtain government records to identify contractors and subcontractors. - Damages Calculation
Work zone crashes with large trucks often lead to devastating injuries. A comprehensive assessment of economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, diminished quality of life) is crucial for substantiating your client's claims. Expert witnesses on life care plans, medical causation, and economists may be necessary to build your claim for damages.
Securing Justice for Work Zone Crash Victims
Work zone crashes involving large trucks require a proactive and comprehensive approach. At Fried Goldberg LLC, our attorneys have decades of experience litigating catastrophic truck accident cases nationwide, including those arising from unsafe or poorly managed work zones.
Our team knows how to investigate these complex crashes, identify all responsible parties, and build the strongest possible case to secure full compensation for our clients. If you are handling a serious work zone truck crash or need support on a complex trucking case, contact Fried Goldberg LLC today to discuss a strategy tailored to your case.
