What If an 18-Wheeler Hit Me in a Construction Zone?

If an 18-wheeler hit you in a Louisiana construction zone and you were not at fault, the fact that the collision occurred in a work zone does not automatically excuse the truck driver. Commercial drivers must operate according to the conditions they encounter.

A serious investigation should determine whether the truck driver was traveling too fast, following too closely, distracted, fatigued, or otherwise operating unsafely. Investigators may also need to examine the condition of the tractor-trailer, the trucking company’s conduct, electronic evidence, and the construction-zone configuration itself.

Why Are Construction Zones Dangerous for 18-Wheelers?

Large commercial trucks need space to maneuver and stop.

Construction zones can reduce that space.

Drivers may encounter:

• sudden lane closures;
• reduced speed limits;
• narrow lanes;
• concrete barriers;
• uneven pavement;
• temporary traffic signals;
• workers directing traffic;
• stopped traffic;
• construction equipment;
• detours; and
• changing traffic patterns.

These conditions require attention.

A truck driver who is distracted or following too closely may not recognize slowing traffic until there is insufficient room to stop.

What If Traffic Suddenly Stopped?

Traffic backups are common around construction projects.

The fact that traffic slowed does not necessarily mean the vehicles ahead caused the accident.

Investigators should ask:

• How long had traffic been slowing?
• Were warning signs posted?
• Could the driver see the backup?
• How fast was the truck traveling?
• How closely was the truck following?
• When did the driver begin braking?
• Was the driver distracted?
• Was the driver fatigued?

Dashcam footage may be particularly valuable because it could show what was visible from the truck before impact.

What If the Truck Was Going Too Fast?

The posted speed limit is only one consideration.

A driver may need to travel slower when traffic, weather, visibility, lane width, or construction conditions make the posted maximum unsafe.

Potential evidence relating to the truck’s movement can come from various sources depending on the vehicle, including:

• electronic vehicle systems;
• GPS;
• telematics;
• dashcam footage;
• witnesses;
• roadway evidence; and
• accident reconstruction.

Investigators should identify the actual systems installed on the truck rather than assuming every tractor records the same information.

Could Distracted Driving Be Responsible?

Construction zones require increased attention.

A driver looking at a cellphone, GPS unit, dispatch message, or another device can miss signs warning of an upcoming lane closure or traffic backup.

Potential evidence may include:

• cellphone information;
• dispatch communications;
• dashcam footage;
• driver-facing camera footage;
• GPS records; and
• witness testimony.

The timing of communications may become important.

Could Fatigue Be Involved?

Yes.

Fatigue can reduce attention and reaction time.

Covered commercial drivers are subject to federal hours-of-service requirements. ELD information may help document recorded driving and duty periods.

An investigation may compare those records with GPS information, fuel receipts, delivery records, toll information, and dispatch communications.

This can provide a fuller picture of the driver’s activities before the wreck.

What If the Truck Could Not Stop?

Then the braking system and following distance may require investigation.

A truck’s ability to stop can be affected by:

• speed;
• vehicle weight;
• cargo;
• brakes;
• tires;
• roadway surface;
• weather; and
• driver reaction time.

If the driver claims the brakes did not work correctly, preserving the tractor and trailer for inspection may be important.

Maintenance and inspection records can also become significant.

Could the Construction Company Be Responsible?

Possibly, depending on the facts.

Some accidents may involve allegations concerning signs, lane configuration, barriers, traffic control, equipment placement, or other construction-zone conditions.

That does not automatically make a contractor responsible.

The investigation must determine whether the work-zone configuration actually contributed to the collision and which entity was responsible for the condition.

This can make construction-zone truck accidents more complicated than ordinary rear-end collisions.

Could Multiple Companies Be Involved?

Yes.

A serious construction-zone 18-wheeler case could potentially involve:

• the truck driver;
• motor carrier;
• driver’s employer;
• tractor owner;
• trailer owner;
• maintenance provider;
• construction contractor;
• subcontractor; or
• another responsible entity.

The evidence determines which parties should actually be included.

What Evidence Should Be Preserved?

Useful evidence may include:

• photographs of construction signs;
• photographs of lane markings;
• photographs of barriers;
• scene video;
• police records;
• witness statements;
• construction-zone surveillance;
• truck dashcam footage;
• GPS data;
• electronic truck information;
• ELD records;
• dispatch communications;
• inspection records;
• maintenance records; and
• construction traffic-control plans where relevant.

Construction zones can change quickly.

A lane configuration that existed on the day of your accident might be completely different weeks later.

Photographing the scene can therefore be especially valuable.

What If Several Vehicles Were Hit?

Truck accidents in construction backups can cause chain-reaction collisions.

An 18-wheeler may strike one vehicle and push it into several others.

Determining the sequence of impacts can require:

• vehicle damage analysis;
• witness testimony;
• video;
• physical evidence;
• electronic information; and
• accident reconstruction.

Being pushed into another vehicle does not necessarily mean that the pushed vehicle caused the secondary collision.

What Injuries Can Occur?

Construction-zone crashes involving tractor-trailers can cause:

• traumatic brain injuries;
• spinal injuries;
• fractures;
• neck and back injuries;
• internal injuries;
• nerve damage;
• crush injuries;
• amputations;
• permanent disability; and
• death.

Some victims may require surgery or lengthy rehabilitation.

What If I Cannot Work?

Keep records of missed work and employment restrictions.

Serious injuries can affect:

• current wages;
• overtime;
• benefits;
• promotions;
• career advancement; and
• future earning ability.

When an injury permanently prevents someone from returning to the same occupation, future economic losses may require detailed analysis.

What Commercial Insurance May Apply?

Commercial trucking operations may carry primary liability coverage and potentially other applicable coverage depending on the operation and circumstances.

Additional responsible businesses may have separate insurance.

Coverage should be investigated rather than assumed from the insurance information exchanged at the scene.

What Should I Do After the Wreck?

Seek appropriate medical care.

If possible, preserve photographs of:

• the truck;
• trailer;
• company markings;
• USDOT number;
• construction signs;
• lane configuration;
• barriers;
• vehicle damage; and
• surrounding cameras.

Keep witness information and all medical and employment documentation.

Jacqueline Scott & Associates Can Investigate the Entire Construction-Zone Wreck

If an 18-wheeler hit you in a Louisiana construction zone, the investigation should determine why the truck failed to respond safely.

Was the driver speeding?

Following too closely?

Distracted?

Fatigued?

Were the brakes properly maintained?

Did the construction configuration contribute?

Which companies were involved?

Jacqueline Scott & Associates can investigate the driver, trucking company, electronic evidence, equipment, work-zone circumstances, and potentially applicable insurance.

Call (318) 746-5997.

Make ’Em Pay.

Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article is general educational information and is not legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.