Proving Fault in Construction Zone Truck Accidents in GA

Road construction zones alter traffic patterns and require driving at lower speeds and remaining alert for sudden traffic stoppages. When commercial truck drivers fail to reduce their speed and navigate construction zones with the utmost caution, they increase the risk of construction zone accidents. 

Truck drivers who speed, follow too closely, merge improperly, or fail to remain aware of surrounding vehicles in a construction zone may cause a collision that injures other motorists or workers. If you have been injured in a construction zone truck accident in Georgia, a truck accident attorney at Spiva Law Group can help you understand your rights to pursue full compensation for your injuries and losses. 

For more than three decades, personal injury attorney Howard Spiva and the knowledgeable attorneys of Spiva Law Group have dedicated themselves to advocating for the rights and interests of injured people in Savannah and throughout Georgia. 

We pride ourselves on working closely with our clients to help them through the process of recovering from a serious accident. We limit the number of cases we handle so we can always provide clients with personal attention and the maximum effort that each case deserves. Our attorneys will take the time to get to know you and how your injuries have affected your life so we can serve you more effectively.

If you have questions about how to move forward after a construction zone truck accident in Savannah, reach out to Spiva Law Group for a free consultation. Learn about how our firm can build a compelling case on your behalf. 

How to Show Fault in a Truck Accident

Proving fault in a truck accident requires gathering and reviewing the many types of evidence that may be available following a construction zone collision. Commercial truck drivers and trucking companies must keep numerous records and checklists to monitor their work, and the documentation can help determine how the accident occurred and who may be at fault. 

Evidence that may be used in a truck accident case includes:

• The truck driver’s logs, which record how long the driver has been on duty and behind the wheel. A truck driver that exceeds the hours-of-service limits under federal law may be dangerously fatigued.
• The truck driver’s employment and driving history.
• Any drug/alcohol screens that the truck driver submits to following the accident.
• The load manifest, which details what the truck was transporting and how the cargo was loaded into the truck or trailer.
• The truck’s electronic data recorder. Many newer commercial trucks are equipped with a computer that records information about the truck’s performance, such as GPS position, speed, acceleration/braking, and driver steering inputs.
• Inspection and maintenance records, which can reveal if deferred or inadequate maintenance may have caused a mechanical failure in the truck.
• Diagrams or photos indicating the road construction zone was improperly designed.

What Is Duty of Care?

A duty of care generally refers to a legal obligation to avoid acting in a way that causes foreseeable harm to another person. In truck accident cases, the duty of care normally involves operating a truck in a lawful and safe manner. 

This includes obeying all traffic laws, such as reduced construction zone speed limits and traffic signs or signals, following federal trucking regulations, such as hours-of-service limitations, and avoiding risky maneuvers, such as making an improper lane merger or failing to yield the right of way. 

Breach of Duty

The crux of a construction zone truck accident case involves explaining how a truck driver or trucking company breached their duty of care to you. 

For example, the truck driver may have caused a crash by driving too fast or following too closely in a construction zone. the freight company may bear responsibility for the crash by overloading the truck or not properly securing the cargo load, causing the truck to overturn. 

If the construction zone was improperly configured or lacked proper traffic signage, the government agency responsible for maintaining the roadway or the highway contractor responsible for setting up the construction zone may be liable for the construction accident.  Identifying all of the parties that have liability for a construction zone truck accident requires a thorough investigation by a knowledgeable truck accident lawyer.

What Damages Can Be Recovered After a Construction Zone Truck Accident?

If you have been injured in a construction zone truck accident, you may be eligible to recover compensation for losses as a result of the crash, including:

• Costs of medical treatment for your injuries, such as surgeries, prescriptions, or physical therapy
• Loss of wages or income if you miss work because of your injuries
• Loss of future earnings and employment benefits if your injuries result in permanent disabilities that affect your ability to work
• Loss of quality of life because of scarring/disfigurement or disabilities that impact your daily living
• Physical pain and anguish
• Emotional trauma and distress caused by the accident and your injuries
• Repair or replacement of damaged property, such as a vehicle you were driving in the accident

How a Georgia Construction Zone Truck Accident Lawyer Can Help You

If you have been injured in a construction zone crash that involved an 18-wheeler, let an experienced Georgia truck accident lawyer at Spiva Law Group help you pursue a financial recovery for the losses you have suffered due to the accident. Our attorneys can:

• Evaluate your accident and discuss your legal options for pursuing a personal injury claim 
• Investigate the accident and gather all available evidence, including witness statements, surveillance camera footage, truck driver logs, load manifests, truck inspection/maintenance records, and other evidence
• Collaborate with accident reconstruction and trucking industry specialists to evaluate the evidence and develop a case to show how the truck crash occurred and who should be held responsible for your losses
• File your claims with the appropriate insurance companies representing those at fault
• Handle communications and settlement negotiations with insurance adjusters and company representatives on your behalf, so you can keep your focus on your recovery
• File a lawsuit and take your case to trial if necessary to pursue justice for you.

Call Spiva Law Group or contact us online for a free, no-obligation case review with a Georgia truck accident lawyer. Learn about your legal rights and options for seeking compensation and justice after you have been hurt through no fault of your own in a truck crash.