All motorists have a duty to drive with reasonable care when traveling on Indiana roadways. Drivers need to be especially cautious when driving through highway construction zones. All drivers including commercial truck drivers are expected to reduce their speed as directed, watch for sudden lane shifts, and remain vigilant while passing through dangerous stretches of road under construction or repair. When a truck driver disregards the reduced speed limits in a construction zone and causes a work zone accident, the at-fault driver may be held accountable.
When a truck driver causes a construction zone accident, the injuries to other motorists can be extensive, especially in areas where traffic is heavy and moving at higher speeds. Commercial truck accidents can leave victims with serious injuries long-term financial setbacks. At Truitt Law Offices, our personal injury attorneys have more than 40 years of experience helping injured people in Indiana seek the compensation they need to recover from truck accidents.
If you’ve been injured in a construction zone accident by a commercial truck or construction vehicle in Fort Wayne or elsewhere in Indiana, contact Truitt Law Offices for help immediately. We can discuss your legal options and launch an immediate investigation into the accident. We will move quickly to help you pursue the financial compensation you deserve. For a free consultation, contact our office today.
Table of Contents
How to Show Fault in an Indiana Truck Accident
For a truck accident victim to pursue compensation through an injury claim, the injured person must prove that the truck driver or another party was at fault for the crash. When a driver fails to use the reasonable care that is required to avoid causing others harm, the negligent driver may be financially responsible for the injuries others suffer. Negligence generally involves careless or reckless behaviors that lead to accidents.
Examples of negligent behaviors in construction zone accidents include:
- Failure to heed caution signs, construction signs, and reduce speed
- Driving under the influence
- Driving while distracted
- Driving while drowsy or fatigued
- Failure to yield or follow posted signs
Proving driver negligence can be challenging. Our law firm will conduct an independent investigation to uncover valuable evidence after a construction accident. The types of evidence that may prove that a truck driver was operating a tractor-trailer negligently can include:
- Cell phone records
- Dashcam video
- Data from an electronic control module or the truck’s black box
- Surveillance video
- Medical documentation
- Police report – local police or Indiana state police
The evidence may point to negligence on the part of the trucking company. Poor hiring practices, failed safety inspections, or improperly loaded vehicles can contribute to construction zone accidents. Evidence that can point toward trucking company negligence may include:
- Safety inspection reports
- Driver hiring practices
- Driver training records
- Proof of background checks
- Truck driver’s driving history
Contacting an attorney as soon as possible is crucial. An experienced construction accident attorney can get to work investigating the accident and securing evidence before it deteriorates or is lost.
What Is Duty of Care?
Duty of care is a legal concept. In the case of accidents in construction zones, the duty of care refers to the fact that drivers have an obligation to obey traffic laws and use caution while operating a motor vehicle to avoid harming others. Commercial truck drivers owe a duty of care to other road users when the driver gets behind the wheel of a tractor-trailer and semi-truck.
Breach of Duty
Breach of duty refers to a violation of an individual’s duty of care. For example, if a commercial truck driver recklessly speeds in a construction zone and causes a crash, the driver may be legally liable for the accident and injuries. Speeding in a construction zone or exceeding the posted work zone speed limits may be viewed as a breach of that duty.
In some work zone accidents, it can be challenging to establish a link between a person’s duty of care and the violation of that duty. It takes evidence establishing negligence to build a persuasive case against the truck driver or the trucking company. Our attorneys at Truitt Law Offices know the kind of evidence needed to build a strong case.
What Damages Can Be Recovered After an Indiana Construction Zone Truck Accident?
Construction zone accidents involving large trucks can be catastrophic events. The size and weight of these vehicles can cause a massive amount of damage and leave victims with life-altering injuries. Victims affected by these devastating collisions may be owed compensation. The value of this compensation depends on the severity of the victim’s injuries and the nature of the accident. Typically, a victim may seek to recover money for the following:
- Current and future medical expenses related to the crash
- Lost income
- Loss of earning capacity
- Emotional distress
- Disfigurement or permanent scarring
- Pain and suffering
To have the best chance of recovering the full and fair value of a construction zone accident claim, you should turn to an experienced Indiana truck accident attorney for help. Trucking companies tend to have teams of attorneys on their side to help them mitigate the damage from expensive accident claims. Truitt Law Offices has the experienced attorneys and resources to stand up to a trucking company and its insurers. We will advocate for you, negotiate on your behalf and develop an injury claim that gives you the best chance of seeking compensation to rebuild your life.
Please note, the Indiana Statute of Limitations for a personal injury lawsuit, such as a construction zone truck accident, is two years. If you have not commenced your lawsuit before that two-year time limit has passed, you will have forfeited the opportunity.
How an Indiana Truck Accident Lawyer Can Help You
If you have been injured in a construction zone by a commercial vehicle, don’t wait to get help. The trucking company, their lawyers, and insurers will act quickly to protect their interests. Who will be looking out for your best interests? You’ll be at a disadvantage if you try to handle the claim on your own. Turn to the trusted legal team at Truitt Law Offices. Our Fort Wayne truck accident attorneys want to help you seek the compensation you need after a serious construction zone collision.
To protect your rights, get in touch with us today for a free and confidential consultation. When you work with us, we will build the best possible case for compensation for you while you focus on your recovery.