When you pass through a construction zone, you do not think about the trucks or workers. You acknowledge they are there but do not realize there is an inherent risk. Construction trucks move around construction zones and on the street when transporting materials. The likelihood of an accident is high, and injuries are catastrophic.
The construction workers operating the truck are responsible for following safety regulations and keeping others safe. The West Memphis construction truck accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, is here to help accident victims recover compensation for their injuries and losses.
Causes of West Memphis Construction Truck Accidents
Construction truck accidents are not different from commercial truck accidents, aside from where they happen. In both cases, the driver must have special training and take extra care to keep everyone safe. Using a construction truck also requires authorization from a manager or foreman.
The causes of construction truck accidents are:
- Unauthorized use of the truck
- Defective parts
- Reckless driving
- Truck malfunction
- Disregard for safety regulations
- Inadequate training
- Not following road rules
Drivers owe each other a duty of care on the road, including in construction zones. While they should compensate you for your losses, the insurance company will work to avoid payment. You need a construction truck accident lawyer in West Memphis, AR, to negotiate your claim.
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Injuries After a Construction Truck Accident
Truck accidents result in catastrophic injuries, and you must get the medical attention necessary to treat these injuries. A catastrophic injury results in lifelong pain and suffering. Many of these injuries require months and years of treatment, and you cannot work or accomplish mundane tasks.
Truck accident injuries include:
- Broken bones
- Compound fractures
- Organ failure
- Internal bleeding
- Third-degree burns
- Loss of limb
- Spinal cord trauma
- Traumatic brain injury
- Post-traumatic stress disorder
You can suffer many injuries after a truck accident, and before you can obtain compensation, you must reach maximum medical improvement. The threshold for MMI will vary by the condition because injuries affect people in different ways.
You will need doctors, specialists, diagnostic imaging, and more. Be sure to file a claim before you reach MMI since you can begin one within days of your accident with the help of construction truck accident attorneys in West Memphis.
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Determining Liability in a Construction Truck Accident
When there is an injury, everyone runs to point the finger, but you should not. Refrain from guessing who is at fault or apologizing for the accident. Remember, anything you say will be used against you by the insurance company and opposing counsel.
The construction truck operator is the first negligent party in your claim, but there are others like:
- Construction Company
- Constitution site property owner
- Safety inspectors
- Parts manufacturers
- Truck owner
- Government agencies
- Construction site foreman
- Maintenance technicians
Other parties can also bear responsibility for your injuries. Working with a West Memphis construction truck accident attorney is vital to determine who must compensate you for your injuries and losses.
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Legal Avenues for Compensation
As a construction truck accident victim, you are confused and scared. These are normal emotions, but they should not impact your decision to pursue compensation. There are several legal issues to consider depending on who you are and how the accident occurred.
You can file a workers’ compensation claim if you are a construction worker injured in a truck accident. However, you need legal counsel to ensure you get maximum compensation for your injuries and can return to work without retaliation.
If you are not a construction worker, you can file an insurance claim with the construction company or another liable party. Our West Memphis construction truck lawyers will collect evidence, review insurance policies, and negotiate with the insurer during the process.
Upon collecting all evidence, we will send the insurance company a demand letter requesting an amount we believe covers your expenses. They will send a counteroffer, and negotiations will commence until we reach some middle ground. Remember, while attorneys can investigate your claim, we can only get you total compensation once you reach MMI.
Alternative Conflict Resolution
We can go into litigation if we cannot resolve your case in negotiations. The litigation process involves various discovery efforts and can take some time. We will need to depose witnesses, gather additional evidence, continue negotiations, and more.
There are alternative conflict resolution actions during litigation that can result in a fair settlement. If all else fails and the insurance company is unwilling to give you what you deserve, we will set a trial date and represent your best interests.
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Money for You
Construction Truck Accident Compensation
You will incur hefty bills and are left with permanent physical and emotional scars that prevent you from living a full life. You need a compensation award that covers all of your expenses and takes you into consideration. You cannot have a settlement that only accounts for some of your losses and forces you to live in poverty and debt.
Compensation is not meant to make you a millionaire or give you extra spending money. The point of this payment is to make you whole again. While you are not physically whole, you have the finances to make you financially whole. Some damages you can recover are:
- Past and future medical expenses
- Lost income
- Out-of-pocket expenses
- Pain and suffering
- Reduced earning capacity
- Property damage
- Loss of enjoyment of life
- Chronic pain
You can recover other economic and non-economic damages after a construction truck accident. You can also recover punitive damages in specific cases. When you speak to a West Memphis construction truck accident lawyer, we will quantify your damages and fight to ensure you get the money you deserve. Talk to a construction truck accident attorney in West Memphis, AR, today.
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Lawyers to Work for You
The Office of Gatti, Keltner, Bienvenu & Montessori, PLC, Can Help
After a construction truck accident, you must contact GKBM to discuss your legal options and ensure protection against the insurance company and others. We offer free initial consultations for your convenience. Use our online form to speak to us.
A West Memphis construction truck accident lawyer will fight for your right to compensation.