Austin Construction Zone Truck Accident Attorneys
Construction zones are dangerous for all motorists. When there’s a truck driver present, the risk of injury increases significantly, and the danger is very real. According to the U.S. Federal Highway Administration, nearly 30% of all work zone crashes involve large trucks.
When you drive through a construction zone, it’s crucial that you pay attention to your surroundings and watch out for potential hazards. Navigating a large commercial truck is difficult, and if the driver doesn’t proceed with caution, the result could be fatal.
Many truckers must adhere to strict schedules, and that pressure could cause them to drive recklessly. When someone gets injured in a construction zone truck accident, the driver or trucking company may be held liable for injuries and losses.
The Austin construction zone accident attorneys at Gibson Hill Personal Injury can help you pursue the compensation you’re owed for your accident. Contact our law firm today at (737) 249-6300. We’re ready to build your case.
Determining Liability After a Construction Zone Accident
In construction zone truck accidents, figuring out who to pursue compensation from is complicated because there are many factors involved. Depending on the cause of the accident, you could file a claim against the trucker, trucking company, or construction company.
Truck Driver: If you can establish negligence on the part of the driver, you can file an insurance claim with their auto insurance company or sue the trucker directly. All vehicle owners must carry liability insurance under Texas law. The coverage listed on the policy pays victims for their losses resulting from a crash.
Trucking Company: The company employing the trucker could be liable if they negligently hired them. Many trucking companies will hire individuals with little to no experience or who lack the proper qualifications. Additionally, they might not provide sufficient training or fail to perform thorough background checks. The company is responsible for ensuring its drivers know the laws, drive safely, and keep others out of harm’s way.
Construction Company: In some instances, the construction company is responsible for a collision. Improper warning signs, traffic cones, and hazards outside the construction zone could all lead to accidents that cause injury.
If you decide to use negligence as the basis for your case, you must demonstrate that the following factors existed at the time of the truck accident in the construction zone:
- The defendant owed you a duty of care to reasonably prevent bodily harm;
- The defendant breached that duty;
- The breach of duty led to a collision; and
- The breach caused injuries that required medical treatment.
Proving negligence is crucial in any truck accident. If you’re unable to show someone else was responsible for your injury and resulting losses, your case could get dismissed.
How Much Compensation Can I Receive?
The maximum compensation available depends on specific information related to the construction zone truck accident. To determine the value of your case, you need to review the following facts:
- The severity of your injuries
- Amount of time it took to recover from injuries
- If future treatment is necessary
- Duration of time before returning to work
- Liability coverage on the trucker’s or company’s policy
- The extent of your medical expenses
- The total amount of additional costs
- How the injury affected your daily routine and overall lifestyle
- Availability of evidence proving negligence
Victims of construction zone accidents ultimately want to recover compensation to pay for their expenses. Some need just a couple of months of physical therapy, while others end up with a permanent disability. The damages you can claim in your case include:
- Medical expenses
- Future treatment needed
- Loss of income and future wages
- Physical impairment or disfigurement
- Mental distress
- Pain and suffering
- Loss of companionship or consortium
The Benefits of Hiring a Lawyer
Before accepting a settlement offer from an insurance company, always seek the advice of an experienced truck accident attorney. The claims process in construction zone truck accidents is challenging and complicated, and there are many traps you could fall into that the insurance carriers set.
Gibson Hill Personal Injury will take care of everything for you, from filing the claim to negotiating a settlement with the adjuster. We understand the deadlines and documentation required by insurance companies. They always try to pay out as little as possible and usually offer unrepresented parties the lowest compensation possible to quickly close out the file and move onto the next one.
If you have a lawyer to help you, you can avoid all the pitfalls of pursuing compensation alone. You should never sign anything before speaking with your lawyer first. If an insurance adjuster sends you a form to fill out, make sure you understand what it is. Many times, the insurance company will try to trick you into signing away your rights to the maximum policy limits available or gain access to irrelevant information about your life in an attempt to deny your claim.
What to Do If Your Claim Is Denied
When liability is evident in a truck accident case involving a construction zone, the insurance company will likely settle. However, there are times when your claim could get denied. While some reasons are valid, others leave room for an appeal.
The most common and justified reasons for denying a claim include:
- You could have avoided the accident
- You didn’t seek treatment until weeks or months after the crash
- Medical records don’t indicate an injury or that the injury occurred because of another incident
- Your injury existed before the collision because of a medical condition
- An exclusion in the policy doesn’t cover the specific accident or injury you sustained
- The trucker’s auto insurance policy lapsed before the vehicle crash occurred
- You failed to notify the insurance carrier promptly as required in the policy
If you believe the adjuster’s reasoning for denying your claim isn’t valid, you have a right to appeal the denial. Your attorney can help you file the appeal and gather evidence that supports your claim that the truck driver or trucking company is liable for your injuries.
Contact Gibson Hill Personal Injury to Schedule Your Free Consultation
We offer our prospective clients an initial consultation at no risk or obligation. We believe in the importance of providing reliable legal advice to victims in need of guidance and support. When you meet with us, we’ll discuss your case and let you know the options available.
Were you injured in a construction zone truck accident? Call our Austin truck accident attorneys at (737) 249-6300. We’ll fight for the compensation you rightfully deserve.