When truck crashes occur in cramped, busy road construction zones, they can be even more devastating, sometimes injuring numerous motorists and construction workers.
Many factors could lead to a construction zone truck accident in South Carolina, so proving fault for these accidents is a complex legal endeavor. However, an experienced truck accident attorney can help protect your rights if you were hurt in a road work zone due to someone else’s negligence.
For decades, the personal injury attorneys of McKinney, Tucker & Lemel LLC have dedicated their careers to advocating for the interests of injured people throughout South Carolina. When you turn to us for help after a construction zone truck accident, you can feel confident that your needs and concerns will be our top priority. We strive to provide responsive, compassionate representation and client service. We’ll always keep you informed at every stage of your case and treat you with the courtesy and kindness you deserve.
Reach out to McKinney, Tucker & Lemel LLC now for a confidential case evaluation. Don’t hesitate to speak with one of our experienced truck accident attorneys about your legal rights and options for pursuing accountability and compensation for the losses you’ve suffered.
Who Could Be at Fault for a Truck Wreck in a Work Zone?
Examples of parties who may be fully or partially responsible for causing the crash include:
- The truck driver, who may have engaged in unsafe behavior like speeding, fatigued driving, or distracted driving.
- The trucking company, which might also be held liable for an employed truck driver’s error, as well as for the company’s behavior, such as hiring an unsafe truck driver or encouraging its truck drivers to engage in dangerous activities, like disregarding hours of service limits.
- The construction company, which may be liable if an unreasonably dangerous condition at the work site contributed to the crash.
- Truck and truck part manufacturers, which may have a fault for a truck wreck due to defects in the truck.
- The truck maintenance company, if separate from the trucking company, may have fault for a crash attributable to inadequate or improperly performed maintenance.
- The freight company, which might have a fault for an accident caused by an unsafe or improperly secured cargo load in the truck or trailer.
While one or more trucking parties usually share fault for a truck accident, in a construction zone truck crash, responsibility may instead rest with the city, state, or another entity that maintains the roadway or managed the construction site where the accident occurred. For example, a government agency or a construction company may be liable if unsafe design and safety measures were used around a construction site that caused the truck driver to crash their vehicle.
What Factors Affect Determining Fault for a Construction Zone Truck Crash?
Factors that affect the determination of fault for a construction zone truck crash include:
- Whether errors by the truck driver or trucking companies caused or contributed to the accident
- What impact the use (or lack of) safety or warning equipment by the construction company had on causing the crash
- The effect of the condition and design of the roadway on causing the accident
- Whether other motorists or parties contributed to causing the crash
What Types of Evidence Is Used in Work Zone Truck Accident Cases?
Examples of the kinds of evidence that may be used to determine fault for a construction zone truck accident include:
- Surveillance or traffic camera footage of the crash
- Logs from the truck’s electronic data recorder, or “black box,” can provide information about the truck’s operation in the moments leading up to the crash
- The truck driver’s logs, which record how long the driver spends on duty and behind the wheel
- Toxicology screening results if one is performed on the truck driver following the crash
- The truck driver’s employment and driving records
- Truck inspection and maintenance records
- The load manifest, which details what cargo was loaded on the truck
- Post-accident vehicle inspection and repair reports, which might reveal a defect in the truck
- Eyewitness statements
- Police accident reports
Who Determines Fault in a South Carolina Construction Zone Truck Accident?
Local law enforcement or state police will investigate most construction zone truck accidents. The investigating officer will prepare an accident report, often noting the party or parties the officer believes caused the accident. Although the officer’s determination of fault in a police accident report is not legally binding, the report can provide vital information for a truck accident claim.
Next, the insurance companies that receive claims for compensation for the accident will make a determination of fault. That includes the insurers for the trucking company and potentially the insurers for other individuals injured in the accident. The insurance companies will need to decide on fault for the accident to determine whether they are obligated to pay compensation for the claims presented to them.
Of course, the insurance companies’ determination of fault does not represent the final word. Truck accident victims have the option of taking their claims to court and to trial, where a jury or a judge sitting as a factfinder will make the final, legally binding determination of who caused the accident.
What Is the Statute of Limitations for Truck Accident Claims in South Carolina?
In South Carolina, the Statute of Limitations requires you to file a lawsuit within three years of the construction zone truck accident that injured you. This limit might be extended in limited circumstances.
If you wait until after the statute of limitations deadline has passed on your claim, you face the risk of your case being permanently dismissed by the court as untimely and losing the right to recover compensation from the parties at fault for the crash.
Get Legal Help Proving Fault for a Construction Zone Truck Accident
If you were injured in a truck accident that occurred in a highway construction zone, contact McKinney, Tucker & Lemel LLC today for a confidential consultation. Learn more about how our firm can help you build the strongest case possible to prove liability and help you seek the fair compensation you need and deserve.
