Construction zone wrecks are devastating on their own, but when they involve a semi, construction zone wrecks often become deadly. Due to a semi-truck’s large size, they have the potential to cause a multi vehicle wreck with multiple fatalities. In a moment, an 18-wheeler who runs into the back of a car in a construction zone can cause life changing effects, whether this results in catastrophic injuries or death. Construction zone wrecks involving semis are often caused when traffic ahead of the semi is backed up, and if the semi-truck driver’s attention strays for even just a couple of seconds, the semi-truck driver will not be able to react quickly enough to stop, and the 18-wheeler then barrels into the back of the vehicle in front of them, crushing the car.
Commercial motor vehicles are vastly overrepresented in work zone crashes, with 26.4% of fatal work zone crashes involving at least one large truck, while CMVs consist of only 5.2% of the total registered vehicles in the US, according to the Federal Motor Carrier Safety Administration (FMCSA). In a 55 mph construction zone, a semi-truck’s stopping distance is 49% longer than the stopping distance for a passenger vehicle, which is why if a semi-truck driver is not paying attention to the road, or following too closely in a construction zone, they will rear-end the car in front of them. This is why the most common type of construction zone accidents involving a large truck are rear-end collisions.
What Should I do After a Semi Truck Hits Me in a Construction Zone?
Work Zone Truck Wrecks are Complex
However, semi- truck lawsuits are complex, much more so than an accident that results from two passenger vehicles colliding. There are many parties that can be liable for a construction zone wreck involving a semi. The truck driver might be liable, but the trucking company itself can also be liable for a wreck involving a truck driver’s negligence. Rarely, the contractor for a construction zone may be liable if it was found that the work zone signs were not properly placed, or that the construction zone itself was designed in such a way that it was dangerous. An experienced construction zone attorney can investigate the cause of the wreck and determine who may be liable for any injuries.
The Trucking Company will Act ASAP
Immediately after the semi-truck driver notifies their company of a wreck, the defense team will be dispatched to the scene of the wreck. This team may consist of a claim’s person, an investigator, and even an attorney. Often, the defense attorney will get to the scene of the wreck before the vehicles are towed away. The defense team has a head start. They have the money to hire the best attorneys, investigators, and reconstructionists.
Hire a Qualified Work Zone Truck Accident Attorney ASAP
If you or a loved one has been in a car accident involving a semi-truck in a construction zone, hiring an attorney is probably the last thing on your mind. But while you or a loved one might still be in the hospital and you’re preoccupied with injuries and doctors and physical therapy, or perhaps, you are trying to plan a funeral, the trucking company has already begun doing everything possible to blame the accident on you or your family member. After the wreck, trucking companies are like a machine as they immediately begin their step-by-step plan to prove their driver did nothing wrong. YOU MUST HIRE THE RIGHT PERSONAL INJURY ATTORNEY IMMEDIATELY!
What Should a Trucking Lawyer Know?
It’s Never Been Easier to Hire the Wrong Attorney
This is why you must hire the most qualified semi-truck construction zone accident attorney and you need to hire them quickly to have the best chance to preserve any evidence. Choosing a semi-truck construction accident attorney may seem intimidating. Unfortunately, it has never been easier to hire the wrong attorney: there are billboards everywhere with different attorneys claiming to be the best truck accident attorneys and there are ads all over the internet with attorneys who also claim to be the best truck accident attorneys. So how do you pick the right attorney for your car accident involving a semi in a construction zone? The top three things you should look for in a construction zone accident attorney are knowledge, experience, and resources.
Choose a Knowledgeable Board-Certified Truck Accident Attorney
The best way to verify an attorney’s knowledge about truck accidents and the best way to narrow down from the large selection of attorneys claiming to be truck accident experts is to see if an attorney is board certified by the National Board of Trial Advocacy (NBTA) in truck accident law. The NBTA’s board certification in truck accident law was designed specifically to create an objective set of standards illustrating an attorney’s experience and expertise in the practice of truck accident trial law. Board-certification proves that an attorney has the knowledge, experience, and expertise necessary to handle complex truck accident cases effectively. Only a select few attorneys in the United States hold the prestigious title of board-certified truck accident attorney, with, on the date of publication of this article, only seventy-four (74) attorneys in the United States meeting the stringent criteria set forth by the NBTA. The board certification process has very high standards and attorneys who achieve the board certification in truck accident law have proven that they have:
- minimum of five years of experience specifically in truck accident law
- comprehensive examination that evaluates their knowledge of important regulations and concepts in trucking law
- submission of judicial and peer references to attest to their accomplishments in truck accident law
- attendance of continuing legal education courses in truck accident law including writing articles and books, participation in truck accident law organizations, and speaking at truck accident law conferences, etc.
- proof of good standing and adherence to high ethical standards through enrollment in ethics courses, and seminars, participation in ethics-based organizations, etc.
At the time of publication of this article, not all states allow attorneys to hold out as board-certified in truck accident law. However, meeting the criteria to be board-certified is something that helps differentiate lawyers. You can always ask the attorney you are interviewing whether they are board-certified or not.
Why is Choosing a Board-Certified Truck Accident Attorney Important?
Choose an Attorney with Experience in Construction Zone Wrecks Involving Semi-trucks
Along with ensuring that an attorney is knowledgeable in the complex realm of truck accident law, you should also ensure that they truly have substantial experience with truck accident law. Feel free to interview the truck accident attorney you are thinking about hiring before you sign the paperwork. An attorney who isn’t okay with being interviewed about their experience in the truck accident field could be trying to hide their lack of experience in truck accident law. When you interview your potential truck accident attorney ask them about their trial experience in truck accident law. Experienced truck accident attorneys should always be prepared to go to trial. Clients should be assured that their attorney is prepared to advocate fiercely on their behalf. Along with trial experience, ask the attorney about their process once they are hired. Does the attorney seem confident of the steps to take in a truck accident in a construction zone case? Experienced attorneys should know their process like the back of their hand. Will they immediately send out preservation of evidence letters? Do they have a team in place to go to the scene of the wreck to collect evidence?
Choose An Attorney with Resources to Take on the Trucking Company
Perhaps the most important part when you are hiring an attorney for a truck wreck in a construction zone is ensuring that the attorney will have plenty of resources to take on the massive resources of a trucking company. Personal injury cases typically operate on a contingency fee basis, meaning the attorney only receives compensation if they successfully recover damages for the client. As a result, attorneys must have the financial resources to cover these expenses upfront. Not every law firm is equipped to handle a truck accident case in a construction zone, which may be expensive. An attorney who is quickly running out of money to litigate a case, might try settle the case sooner and for less value than the case is ultimately worth because they don’t have the money to continue to pursue the case.
How do Contingency Fee Agreements Work in a Truck Wreck Case?
Attorneys with Resources Can Hire the Right Experts
In addition to financial resources, a truck accident attorney should also have a network of skilled experts. Construction zone wrecks that involve a semi-truck may require multiple experts, including:
- Accident Reconstructionists can be key witnesses as they present who caused the accident and how it occurred.
- Cell Phone Forensic Experts download data from a truck driver’s cell phone and use the data to determine if the driver was using his cell phone at the time of the wreck.
- Medical Doctors may testify regarding how an injury occurred, the severity of the injury, and possible treatments that treatments for the injuries.
- Industry Standard Experts are experts familiar with federal and state regulations and trucking industry standards.
- Construction Zone Safety Experts are people with knowledge and expertise in the design and/or maintenance of work zones.
- Economic experts can be called to testify regarding future medical expenses you might have, along with future wage losses that result from not being able to work due to injuries.
Choose an Attorney with a Dedicated Crash Team
Truck accident attorneys should have the resources to send a dedicated crash team out to the scene of the crash as soon as possible. The longer the delay in sending out the crash team to the scene of the accident, the less evidence will be available. Just as the defense team immediately arrives to the scene of the crash, a truck accident attorney should have a team that heads to the crash site, quickly. A truck accident attorney should have the resources to immediately engage a private investigator who can gather witness testimony and look for any nearby cameras that could have recorded the crash. It is important to get this footage as soon as possible, because cameras often overwrite footage within 10 days, and once this footage is overwritten it cannot be retrieved. The police report should also immediately be pulled to find where the vehicles were towed, so that the attorney can send out preservation of evidence letters to ensure that any crucial information from the vehicles about the crash is preserved until the attorney can inspect the vehicles.
After a Wreck, a Mechanic and Reconstructionist Should Inspect the Vehicles
A qualified truck accident attorney will ensure that the vehicles are quickly inspected. They should engage an accident reconstructionist to inspect the vehicles. One of the most crucial pieces of evidence in a semi-truck crash is the semi’s Electronic Control Module (ECM). The accident reconstructionist can download data from the ECM, which can reveal information like whether the semi braked before the crash, how fast they were going before the crash, and other information that can help your case. There also might be footage in the semi-truck like dash cam footage which can reveal if the truck driver was following too closely or driving aggressively before the wreck. In cab dash cam footage, is gaining popularity as well. In cab dash cam footage is a camera that is pointed at the truck driver. In cab dash cam footage can reveal if the semi-truck driver was distracted immediately before the wreck or if the driver was falling asleep before the wreck. This evidence from the semi-truck can make or break a case, but if the truck accident attorney does not inspect the vehicles or does not hire an accident reconstructionist to download the semi-truck’s information then this footage could also be overwritten and gone forever.
When a semi-truck is involved in an accident in a construction zone, a qualified construction zone truck accident attorney can help. It may seem intimidating to hire an attorney, but it is important to hire a personal injury attorney who has extensive experience with construction zone accidents and truck wrecks as soon as possible. If you decide months after an accident that you are ready to hire an attorney, it will be much more difficult to track down evidence, and some key evidence may be completely gone. The trucking company immediately begins building their case to protect their driver.
Discuss Your Case with our Qualified Work Zone Truck Wreck Attorneys Today
Our dedicated and experienced construction zone truck accident attorneys at Craig, Kelley, & Faultless will help investigate your crash and find out who should be held responsible. Using reconstructionists, private investigators, cell phone data experts and other knowledgeable experts we will gather information and if necessary, file suit to recover just compensation for victims of work zone truck wrecks.
We pursue claims for injured parties of construction zone truck accidents on a contingency fee basis, which means we don’t get paid until after we win your case. We advance the expenses and never ask our client for any money until and when we make a recovery for them. Contact Craig, Kelley, & Faultless LLC by phone at (800)-746-0226 or online for a free consultation about your accident.
About the Author
David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner, as well as one of the founding partners of the law firm of Craig, Kelley & Faultless LLC. He is also recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help victims and their families as they navigate through a terrible situation and answers the host of questions that come after a tragic wreck. He is also the host of the podcast, After the Crash where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol on roads regarding speed, weather conditions, maintenance upkeep, etc.
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