Construction trucks can include many different types of vehicles like bulldozers, graders, scrapers, cranes, dump trucks, front loaders, concrete trucks, excavators, and millers. Any large truck used in the construction industry can cause substantial damage if it is involved in an accident with another vehicle, bicycle, motorcycle, or pedestrian.
If you experienced a construction truck accident, learn more about your legal rights by hiring a Clearwater truck accident lawyer at the Law Offices of Anidjar & Levine.
Damages in Construction Truck Accidents
Accidents involving construction trucks can be very catastrophic. These crashes can lead to significant financial, physical, emotional, and mental damages. Truck accident injuries cost victims and families thousands of dollars in medical and work loss costs.
To recover these losses, you can claim economic and non-economic damages such as:
- Lost wages and future lost income
- Medical bills and future accident-related medical expenses
- Damaged and lost property
- Loss of enjoyment of life
- Disability
- Pain and suffering
- Therapy and rehabilitation
If the accident was fatal, you could claim medical costs, funeral and burial costs, loss of support, and loss of income. Note that every injury and wrongful death case is different. Your lawyer will consider several factors while valuing your claim.
Dangers of Construction Trucks
Construction trucks are inherently dangerous and require specialized training to operate. Unfortunately, in some cases, a truck driver either fails to get the Commercial Driver’s License (CDL) training required by the Federal Motor Carrier Safety Administration (FMCSA) or does not operate a construction truck according to the requirements and safety standards established by law.
As a result, accidents can happen that result in serious injuries or even death. Construction trucks can cause catastrophic damage to vehicles, bicycles, or motorcycles. Additionally, many construction truck accident victims suffer years or a lifetime of medical complications from their injuries.
Driver Negligence
In many cases, the construction truck accident will directly result from the construction truck driver’s negligence. Some of the ways that a construction truck driver may negligently operate a construction truck may include the following:
- Failing to drive according to posted speed limits
- Failing to use a warning signal to notify other drivers, motorcyclists, bicyclists, or pedestrians of their intended direction or path
- Failure to continue to receive appropriate safety training
- Failure to inspect, maintain, or repair any part of the construction truck as required under federal or state law
- Failure to follow any state or federal guidelines regarding commercial vehicles
- Failing to understand and check all blind spots
- Operating a construction truck under the influence of drugs or alcohol
- Failing to ensure that the cargo is loaded and secured properly in the construction truck or that debris or waste materials do not fall from any part of the commercial truck
- Failure to follow any rules of the roadways
If a commercial truck driver operates a construction truck negligently, recklessly, or carelessly, they might be responsible for a truck accident victim’s injuries or losses.
Construction Company Negligence
Under the legal theory “respondeat superior,” a victim may have the legal right to pursue a claim against the construction company that employed the construction truck driver. Employers have a legal responsibility regarding the actions of their employees.
If a truck driver operates a construction truck negligently during their employment, the construction company may have a legal responsibility to pay the victim for their medical bills, lost wages, property damage, and pain and suffering resulting from the construction accident. Filing a claim against a construction company can be a legally challenging endeavor and includes issuing a spoliation letter to ensure that the company does not destroy evidence regarding the accident.
If you experienced an accident with a construction truck in Florida, learn how a Clearwater construction truck accident lawyer at the Law Offices of Anidjar & Levine can help you understand all of your legal rights.
Possible Liable Parties in Construction Truck Accidents
Construction trucks accidents can occur when the trucks are at the construction site or on the highway. Your lawyer will consider several factors to determine negligence and identify the liable parties. Depending on the cause of the crash, you can claim compensation from the following parties:
- The Driver: If the driver was an independent contractor, you could claim compensation directly from them instead of their employer. The truck driver can also be partially or fully liable for the crash, depending on the cause of the accident.
- Contractor or Employer: Employers are liable for their employees’ conduct while on duty. If the accident was the driver’s fault, the contractor could be held liable for the accident. Also, contractors can be liable for accidents that result from not adhering to the federal laws or failing to adequately maintain or repair the trucks.
- Truck Owner: If a third party owns the construction truck and is responsible for ensuring the trucks are well serviced and maintained, they can be liable for accidents resulting from poor truck maintenance.
- Truck Manufacturer: Manufacturers must ensure the trucks they distribute have no defects. Some construction accidents occur due to equipment or mechanical failures, such as faulty breaks or tire blowouts. When this happens, the truck manufacturer can be liable for the crash.
- Government Entity: If inadequate road maintenance or a poor road design caused the accident, you could claim compensation from a government entity or a road maintenance contractor.
If multiple parties are liable for the crash, your lawyer will file a claim against all parties according to their percentage of fault.
Trucking Manufacturer Liability Resulting From Defective Parts
If an investigation into your construction truck accident determines that a construction truck’s defective part or component caused the accident, you may have the legal right to sue the truck manufacturer (or the part manufacturer) under product liability law.
Every company that sells a product (even a commercial trucking part) must ensure that it remains safe for the public. Failure to do so can result in a product liability claim where the trucking manufacturer, distributor, or retailer of the defective product may be held responsible for a victim’s injuries and losses.
Examples of Injuries Experienced in Construction Truck Accidents
Every construction accident will have a different set of facts and circumstances and lead to different injuries. However, because construction trucks are exceptionally large vehicles, they can often cause quite a bit of property damage to a vehicle, as well as physical harm to the driver or passengers inside.
Some of the injuries experienced in a construction truck accident may include traumatic brain injuries, spinal cord injuries, nerve injuries, broken or fractured limbs, or internal organ damage. As a result of these injuries, many victims suffer life-long medical complications, pain and suffering, or even death.
Always visit a medical professional if you experienced a construction truck accident. If you failed to do so immediately after your construction truck accident, you should do so as soon as possible. If your symptoms become more severe or you develop new symptoms, you should return to your healthcare provider to protect your health.
Statute of Limitations
You must file the claim or lawsuit within the given deadline or the statute of limitation to ensure you have a valid case. You have four years from the crash date to file an injury claim in Clearwater. If the accident was fatal, you could only claim within two years from the date of death. If you fail to keep these deadlines, you’ll not be able to recover any compensation from the liable party.
How a Clearwater Construction Truck Accident Lawyer Can Help Your Case
If you or a loved one suffered injuries or losses in a construction truck accident in Florida, you have a limited amount of time to file a claim to receive compensation for your economic and non-economic losses. We welcome you to call us about your potential construction truck accident claim as soon as possible. You may have the ability to receive compensation from the negligent party that caused your injuries in a construction truck accident.
In many cases, you may have the legal right to file a claim against more than one entity. Learn more about your legal options and legal rights from a construction truck accident lawyer at the Law Offices of Anidjar & Levine.
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