Proving Guilt in Construction Zone Truck Accidents in Virginia

Men at work sign at a road construction site.

Every year, truck accidents cause thousands of injuries and numerous deaths on the roads of Virginia. In 2019, there were 2,886 injury crashes and 145 fatal crashes involving large trucks, according to the Virginia Department of Motor Vehicles.

Highway construction zones are among the most common sites of tractor-trailer accidents. Roadwork zones contain narrowed lanes, lane mergers, traffic bottlenecks, vehicles traveling at different speeds, and other hazards—all of which can make a truck crash more likely. If you’ve been involved in a construction zone truck accident in Virginia, the truck accident lawyers at Marks & Harrison can help you identify who may be liable for your injuries.

Our Richmond personal injury attorneys have been helping injured people seek fair compensation for more than 100 years. Our legal team includes 26 attorneys and more than 100 support personnel who all work hard to provide the personalized service and support our clients need.

We have the experience, resources, and tenacity to help you seek the full compensation you need after an accident. Let us help you understand your options after a construction zone crash in Virginia. Call our office or visit our contact page for a free initial consultation.

 

Who Is Liable After a Trucking Accident in a Construction Zone?

Determining who is legally liable for your injuries after a truck accident in a construction zone is more complicated than a collision involving two automobiles. Commercial trucks and truck drivers are subject to more regulations. The ownership and operation of a tractor-trailer may involve several businesses. Therefore, multiple parties may share financial liability for a truck crash in a construction zone, including:

  • The truck driver – If the truck driver was speeding, tailgating, overly fatigued, distracted, or otherwise negligent at the time of the crash, the driver may be liable for your injuries.
  • The trucking company – Trucking companies are responsible for overseeing their drivers, including making sure the drivers have the proper training to handle a large vehicle, are not abusing drugs and alcohol, or are complying with hours of service limits.
  • The truck’s manufacturer – A mechanical defect or failure can lead to a truck accident, especially if the defect causes a steering issue or brake failure.
  • Maintenance personnel – Trucks have complex mechanical and electrical systems and are subject to wear and tear, given their many hours of operation. Proper maintenance is crucial to keep large trucks operating safely. If maintenance is deferred or mechanics neglect their duties, they may be held responsible for a truck accident.
  • Cargo loaders – Cargo must be loaded carefully into a truck to maintain proper balance and prevent rollover accidents. It should be properly secured to make sure it doesn’t spill out onto the roadway. If cargo loaders fail in either of these responsibilities, they could be found liable for a resulting accident.
  • Highway contractors – Construction companies are supposed to design roadwork zones in such a way as to minimize traffic disruptions and the potential danger to anyone driving through the area. Construction zones are supposed to have proper signage to warn drivers about hazardous conditions. Unfortunately, construction companies sometimes cut corners, making it harder for anyone passing through the work zone to avoid a crash.
  • Government entities – In some cases, a government agency may be partially liable, such as when they’re responsible for posting signage or rerouting traffic in a construction zone.

Is Virginia a No-Fault State for Auto Accidents in Construction Zones?

Virginia is an at-fault state for auto accidents. If you’re involved in a construction zone truck accident caused by a truck or someone else, you may file a personal injury lawsuit against whoever is liable for your injuries.

Virginia uses a strict contributory negligence doctrine in personal injury claims. That means you can potentially be barred from recovering compensation if you are found to be partly at fault for your injuries. An experienced Virginia truck accident attorney at Marks & Harrison can help you put together a persuasive case for compensation.

Common Causes of Construction Zone Truck Accidents

Truck accidents have many causes. When it comes to accidents in construction zones, some of the more common causes include:

  • Speeding – Trucks require much more space to stop safely because of their significant size and weight. When truck drivers speed or drive too fast for road conditions, they place themselves and any drivers around them in danger. This danger is compounded in construction zones, where there is a greater chance of sudden stops and bottlenecks.
  • Distracted driving – Distracted driving is a major safety hazard, especially in a construction zone. A truck driver who is distracted isn’t paying attention to the road and other drivers. The driver may not realize traffic has stopped suddenly and an accident is about to happen until it’s too late.
  • Merging accidents – Large trucks have blind spots in front, behind, and on both sides of the vehicle. These are areas where the truck driver has difficulty seeing other vehicles around them. If the truck driver overlooks a vehicle in a blind spot and attempts to change lanes in a construction zone, it can cause an accident.
  • Inadequate warning – If construction companies don’t provide adequate warning about an upcoming construction zone, a truck driver may not be able to slow down in time, causing the big rig to plow into a vehicle in front of them.
  • Driving while fatigued – Truck drivers often work long hours, which can put a lot of strain on their bodies. There are rules in place requiring drivers to get a certain number of hours of rest before getting behind the wheel, but these regulations aren’t always followed. A fatigued driver may have slower recognition of hazards, dulled reflexes, and impaired judgment.

Common Injuries Experienced in Construction Zone Truck Accidents

Truck accidents are much more likely to lead to serious injuries, including:

  • Broken bones
  • Neck and back injuries, including whiplash
  • Spinal cord damage, including paralysis
  • Injuries to the head and face
  • Traumatic brain injuries
  • Crushed or severed limbs

Contact a Virginia Construction Zone Truck Accident Lawyer Today

Construction zone truck accidents are complex. It can be challenging to determine liability and the insurance policies available to provide compensation. The Virginia truck accident lawyers at Marks & Harrison are highly experienced in this area of law. We can conduct a thorough investigation and help you pursue the fair compensation you deserve for your injuries and losses.

We have helped numerous clients recover significant compensation, including some of the largest case recoveries in the Commonwealth of Virginia. Every case has unique factors. But our track record of results shows the effort we put forth on behalf of clients. We would be honored to help you. Call us today or visit our contact page for a free initial consultation.