Construction trucks are crucial for city-related work in Roswell, but these trucks are also dangerous. When someone misuses a construction truck or isn’t careful on a construction site, it can cause a serious accident. If you or a loved one were injured, you might be entitled to financial recovery.
Construction truck cases are complicated. You can seek compensation for your damages, but the responsible party or their insurance company will make it difficult. Insurance companies often offer lowball settlements that hardly cover anything.
A Roswell construction truck accident lawyer can help. At John Foy & Associates, we know what it takes to build strong cases. We’re also not afraid to fight hard for your rights. To learn more during a free consultation, call (404) 400-4000 or contact us online.
Types of Construction Trucks
Construction sites use several types of trucks. An accident might involve the following vehicles:
- Cherry pickers
- Dump trucks
These are just a few of many examples. No matter the type of truck, if you were injured in a construction truck accident, you have rights. You can file an insurance claim or lawsuit for what you deserve.
Negligence in Construction Truck Accidents
Construction trucks are larger and more complex than the average car. Anyone who operates a construction truck should have proper training and experience. Even still, one mistake can lead to a serious or deadly crash.
If someone causes a construction truck accident, they are liable for the damages. To have a case, you’ll need to prove negligence. In legal terms, negligence is another word for carelessness.
Your claim should prove that:
- There was a duty of care.
- Someone breached their duty of care.
- The breached duty led to the construction truck accident.
- You suffered injuries and damages from the accident.
Everyone in Roswell has a duty of care to others. For example, drivers should act in a way that doesn’t cause harm. If a construction worker is careless while operating a truck, that’s a form of negligence.
There are many reasons a construction truck accident can happen. Common causes include:
- Driver negligence
- Mechanical failures
- Truck defects
- Worker inexperience
- Another driver
Large construction trucks often have poor visibility. They’re also harder to maneuver than other vehicles. If a worker isn’t careful, they can easily cause an accident. Another driver on the road might also be at fault if they were not careful in a construction zone.
If a construction worker causes the accident, their employer is probably liable. That could be the construction company or a contractor who hires workers. Once you know who is legally liable, you can file a claim to seek compensation.
Driver vs. Company Liability
If the construction truck driver caused the accident, their employer is probably at fault. According to the Official Code of Georgia (OCGA) §51-2-2, also known as respondeat superior, an employer can be at fault for its employee’s actions. A company might also be liable if:
- The driver received poor training
- The company did not comply with safety regulations
- The company overworked or set unrealistic expectations for the driver
- The truck’s contents went about the legal limits
Sometimes, construction companies will hire independent contractors. If the driver was a contractor, they don’t have the same protections as an employee. That means the driver could be personally liable for your damages.
In either case, an insurance company is probably responsible for paying your costs. You will need to determine who is liable first. From there, you can know where to file a claim for compensation.
What to Do After a Construction Truck Accident
Construction truck accidents are often severe. If you were hurt, you might have really serious injuries. Some victims are even left unconscious or suffer fatal injuries.
Until you get medical treatment, you might be unable to do much at the scene. However, here are some steps you can take if you’re able. You might also get a loved one to perform these actions for you:
- Call 9-1-1 to report the accident to the police.
- Call for emergency medical attention if you need it.
- Take pictures of your injuries and the accident scene.
- Get the names and contact information of eyewitnesses.
If you don’t feel much pain, you should still get medical attention. Shock and adrenaline can reduce pain temporarily. Once your body balances out, you might notice a lot of pain and injuries.
After the accident, keep track of your damages. Save any evidence of your costs or potential expenses. Also, avoid talking about the accident with anyone except the police, your doctor, and your lawyer. That includes not posting about what happened on social media.
Be Wary of the Insurance Company
After the accident, the construction company will contact its insurance company. The insurer might send investigators to the scene, and an adjuster might contact you. Although these people might seem nice, they are not on your side.
Insurance companies know what they’re doing. Their job is to look for ways to pay as little as possible when they receive a claim. If you plan to file a claim or lawsuit for your accident, be careful about anything you say to the insurance company.
It’s best to contact a Roswell construction truck accident lawyer for help. Your lawyer can talk to the insurance company for you. They can also negotiate if the insurance company tries to offer a lowball settlement. To get help as soon as possible, contact John Foy & Associates. Call (404) 400-4000 or contact us online for a free consultation.
Talk to a Roswell Construction Truck Accident Lawyer Today
Construction accidents can leave victims with serious injuries and costly damages. If you or a loved one were victims, it’s important to know your legal rights. You may deserve full compensation for everything you’ve lost from the accident.
At John Foy & Associates, we’ve been helping accident victims for over 20 years. We have a reputation as the “Strong Arm” because we’re not afraid to handle the insurance companies. We’ll fight tirelessly for your compensation rights.
Our lawyers do not collect a fee unless we win you money. You can get started today without any upfront costs. Call us at (404) 400-4000 or contact us online for a free consultation.