When Trucking Companies And Contractors Share Liability In Highway Construction Accidents
Work or construction zones are known to be some of the riskiest places on the highway for both drivers and those working at the site. When there are traffic accidents involving large commercial trucks in work zones, the results can be catastrophic. The recent litigation following fatal accidents on highway construction sites reveals issues of liability since there are several different actors that can play a role in a highway construction site accident. It’s crucial to identify who is responsible for what in traffic accident cases that happen in construction zones in Georgia and Florida.
Recent case involves fatal truck accident
Recently, a family brought a wrongful death claim against a truck driver after a fatal accident occurred when an 18-wheeler crashed into their loved one while passing through a construction zone on the highway. In addition to the truck driver, the family has also filed suit against the trucking company and the construction firm operating in the construction zone because they believe that their negligence contributed liability to the accident.
This is an example of how wrongful death claims have been evolving in recent years. Instead of focusing on the negligence of the driver, lawyers are increasingly turning their attention to other possible negligent parties involved in the incident.
Legal issues
Truck accident crashes at construction sites usually have several levels of liability:
- Driver’s fault – Drivers can be held liable for such things as speeding, being distracted while driving, or disobeying speed limits and warnings in construction areas.
- Company’s liability – Trucking companies can be held liable because of any negligence from their part when it comes to employing qualified drivers, as well as failure to follow safety guidelines. Furthermore, trucking companies can be considered guilty in case they force drivers to comply with unrealistic deadlines.
- Responsibility of Construction Contractor – Contractors are supposed to provide reasonable safety conditions when conducting their activities in certain zones. They need to provide clear signs and markers, and all signals should be working properly.
It’s worth noting that both Georgia and Florida laws regarding personal injury allow victims to sue more than one person or organization. Comparative fault principles will determine the liability of each defendant.
Understanding the litigation process
Cases where multiple parties are liable can pose a challenge. The defendants tend to point their fingers at each other, thus requiring extensive investigations. Personal injury lawyers can present evidence like:
- Records from the truck driver
- GPS location tracking information
- Information from the black box (EDR)
- Surveillance or dash cam videos
- Plans and safety measures in the construction site
- Statements from witnesses and accident reconstruction experts
During a trial, the court will determine if the involved parties fulfilled their duty of care. Even if the truck driver was speeding, the contractor can be held liable for failing to put up warning signs in the construction zone.
It is essential to identify all responsible parties to ensure you recover maximum compensation, particularly when dealing with serious injuries and wrongful deaths. A skilled Jacksonville personal injury lawyer can conduct an investigation of the accident and develop a case that considers all levels of negligence.
Talk to a Jacksonville, FL, Personal Injury Lawyer Today
Gillette Law represents the interests of Jacksonville residents who have been injured in traffic accidents. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
beaumontenterprise.com/news/article/family-sues-deputy-constable-heather-avery-killed-22230874.php
