Construction Truck & Equipment Accident Attorney
Construction Truck and Equipment Accident Lawyer Fighting Negligent Truck Drivers Driving Construction Trucks and Equipment to Get Financial Compensation for Injury Victims.
Our Construction truck and equipment accident lawyer fights negligent truck drivers driving construction trucks and equipment who cause car accidents and motor vehicle accidents. We help truck accident victims get financial compensation when injured in a construction truck or equipment roadway accident.
Our law firm has helped car-truck accident victims win hundreds of millions of dollars of settlement since 1983. We have spectacular results on car-truck accidents and construction trucks or equipment like cranes, forklifts, scissor lifts, bulldozers, and other forms of drivable powered construction equipment.
The NSC Safety Facts reported that in 2021, 5,700 large trucks were involved in fatal crashes. The rate of truck involvement causing nationwide fatalities rose 17 percent in just one year from 2020 to 2021 and is up 47 percent in the ten year period from 2011 to 2021.
Kansas had 3,316 traffic accidents involving large trucks and buses in 2021 according to the KDOT Kansas Traffic Crash Facts. Truck accidents happened every 2.64 hours all year long. 694 people were injured and 72 were killed from large and heavy trucks.
OSHA reported that at least 4,764 workers died in 2020 with workers in transportation and material moving and construction accounted for 47.4 percent of all workplace fatalities.
The Center for Construction Research and Training reported that pedestrian fatalities who were struck by transportation vehicles and powered equipment rose by 7.6 percent from 2011 through 2019. A struck-by accident is where a pedestrian is struck by a transport vehicle or powered equipment being driven by a construction worker. The injuries are much higher in number than deaths.
Powered equipment includes dump trucks, concrete trucks, forklifts, cranes, skid steers, bulldozers, excavators, graders, cranes, and other construction equipment that is power operated. When drivers/operators receive improper training and injure pedestrians or motorists due to negligent actions, we will bring legal claims for injuries against the driver and their construction company for negligent hiring, training, and supervision.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys®. Our primary offices in Wichita and Western Kansas in Garden City are only a short drive. Our office location in Wichita is 10111 E. 21st Street North, Suite 202, Wichita, Kansas 67206. In Western Kansas, our office is located at 3102 E. Kansas Avenue, #100, Garden City, KS 67846.
Our experienced Construction truck and equipment accident attorneys apply the
FMCSR to construction truck crashes. We also apply the CSA BASICs to these accidents, which helps prove the motor carrier has unsafe violations of federal regulations and a pattern of reckless conduct due to noncompliance with federal laws and regulations.
When the injury or death comes from a powered industrial truck, we also apply federal regulations under OSHA on training for drivers of these construction industry trucks.
Our construction and equipment accident lawyers help you receive financial compensation for pain and suffering, mental anguish, loss of enjoyment of life, scarring and disfigurement, medical bills, wage loss and all other financial losses from your truck accident. We bring claims for all of your economic and noneconomic damages.
Our construction and equipment personal injury attorneys will take care of every step of your case. We handle all of the following.
- Do accident scene investigation.
We perform immediate scene investigations to save critical evidence to prove the other driver was at fault. - File insurance claims with your insurance and the other party’s insurance company.
We file claims for your Personal Injury Protection (PIP) Benefits with your insurance company to start your wage loss and get payment for your medical bills. We file claims against the truck driver and their employer for your property damage and injuries. - Help find the best doctors.
When people are involved in a construction truck or equipment accident some may have workers compensation and they give you the worst doctors possible. Or you may not have health insurance and cannot find a good doctor. Our network of doctors and medical providers have some of the best doctors you can find. - Take statements of witnesses and drivers.
Our investigative team take immediate statements of witnesses and drivers to preserve their testimony to prove the truck driver or powered equipment operator was negligent, untrained and at fault. - Negotiate your case settlement.
One we know you are medically stable we write settlement offers and present all evidence to the insurance company for the cattle truck driver and trucking company to attempt to settle your case without a lawsuit. - File suit on your behalf when the settlement is unfair.
When the insurance company makes a lowball offer, we file a lawsuit on your behalf right away. - Help negotiate medical bills down.
Once your case is settled, we help negotiate down outstanding medical expenses.
Write us on out contact page or call us night or day for a free consultation at 316-330-9200. You can talk to a truck and equipment accident attorney 24 hours a day. Our lawyers answer the phone at night and on weekends and holidays.
What are Powered Industrial Trucks and What Are There Dangers?
Powered industrial trucks are defined by OSHA to be forklifts, lift trucks and other lifting powered vehicles that help move materials. They are used to raise and lower objects likes pallets and boxes. Typically, the operator either sits on the device or walks pushing a motorized lift truck.
What are the dangers associated with powered industrial trucks and lift trucks?
- Powered industrial trucks are dangerous to pedestrians because when overloaded or lifted too high their center of balance is too high and they can tip over and crush nearby pedestrians.
- On construction sites, roadway work zones and retail businesses, pedestrians are often run over by a negligent lift truck operator because when loaded they obstruct the view of the driver/operator and can run into vehicles and pedestrians nearby.
- Lift truck operators can run into dock workers and vehicles in construction yards. On road construction projects where there are adjacent lanes of travel with motor vehicles these lift trucks can negligently wander into or back up into the path of a motor vehicle where they cause horrific crashes.
- Lift trucks and forklifts that are working roadways under construction often will drive into the opposite lane of travel where cars and other motor vehicles are driving causing severe accidents and injuries to the occupants in the other motor vehicle.
What Training is Required for Drivers and Operators of Powered Industrial Trucks?
Because the danger to pedestrians and co-workers is so high, OSHA Regulation 1910.178(l)(2)(iii) requires a sophisticated level of training for the drivers and operators of powered lift trucks. The required training is higher thana the FMCSR request for commercial motor vehicle (CMV) drivers.
This regulation requires that a knowledgeable person train the driver or operator with formal instruction on safety including lectures, discussions, interactive computer learning, video tape, written material and practical training. This includes demonstration that the trainer performs and then the trainee has practical hands on training on driving and operating these dangerous vehicles.
The driver/operators are not allowed to work and operate the powered lift trucks until they have been comprehensively evaluated with testing to prove they understand the safety training methods taught. The driver must be retrained. The driver cannot operate the powered industrial trucks until the trainer has certified that the training and evaluation were actually conducted and completed.
In real life accidents, personal injury lawyers investigate if OSHA or FMCSR safety and training regulations were followed. In most accident cases, the driver was either not trained per the regulation or was poorly trained. This makes the company hiring the driver/operator negligent and reckless, which helps increase your financial compensation for your injuries and losses.
What are the Top 7 Most Dangerous Construction Trucks and Equipment?
Construction trucks and equipment require trained drivers and operators because of their great danger to cars, pickups, motorcycles, and pedestrians. Untrained drivers and operators frequently cause accidents, with a significant number of them ending in fatalities or permanent disability to the people in the smaller motor vehicles or crushing a bystander pedestrian.
What are the top 7 most dangerous construction trucks and equipment?
1. Dump trucks.
The NHTSA Traffic Safety Facts on single-unit straight trucks in traffic crashes 2011 study found that 1,064 people were killed and 38,000 people were injured from this type of truck which include dump trucks. The injured and killed innocent victims were occupants of passenger vehicles, bicyclists, and pedestrians. This means that motorists near dump trucks need to be extremely cautious.
The DOT Large Truck and Bus Crash Facts 2019 reported that 402 fatalities occurred from dump trucks that year and 6,067 people were injured. The Large Truck and Bus Crash Facts 2021 reported a slightly lower level of 5,904 fatalities in 2021. Dump trucks are a type of single-unit straight trucks causing injuries and deaths.
Dump trucks pose significant danger to pedestrians when the dump trucks elevate to dump the load. When dumping on roads and highways the materials can fall onto adjacent lanes of travel where motorists can be fatally injured from hitting falling debris.
2. Concrete trucks and cement mixers.
The DOT defines singe-unit trucks to include cementer mixers. CrashStats from the NHTSA on single-unit trucks reported that single-unit trucks injured 38,000 people and killed 1,064 in motor vehicle accidents in 2011. 77 percent of the people injured were in other motor vehicles and not in the truck. 86 percent of the accidents were with another motor vehicle.
Concrete mixers are extremely heavy, weighing up to 66,000 lbs. when loaded with cement. Concrete truck accidents are close to a city because the cement only lasts for about 90 minutes before hardening. The concrete trucks have a high center of gravity which cause a significant number of rollover accidents. Smaller motor vehicles colliding with concrete trucks become severely injured.
3. Forklifts and powered industrial trucks.
Forklifts and powered industrial trucks come in all dimensions and sizes depending upon the weight and size of the material being transported. When used on roadways and highways under construction they pose a huge danger to motor vehicles driving through work zones as well as to pedestrians in the area.
4. Cranes.
The Center for Construction Research and Training (CPWR) reported that between 1992-2006, 632 crane related fatalities happened from 610 crane accidents. This found an average of 42 deaths per year from crane accidents. The crane boom striking motorists and pedestrians made up 1/3 of these accidents. Bystander pedestrian deaths were the most frequent.
Cranes have significant safety issues. Cranes perform critical lifts requiring highly trained operators. Cranes can topple over when not rigged properly and can crush cars and pedestrians adjacent to them. Cars and pedestrians can be struck by the lifted concrete, machinery, or other objects. Unsecure loads impacting a vehicle or pedestrian will result in severe injury or death.
Cranes are often used to move concrete road barriers dividing highway traffic. They are also used in regular construction in cities near streets. Untrained crane operators pose a danger to motorists. The cranes can swing out into the traveled roadway with concrete materials where they strike cars and motor vehicles. They always become catastrophic injury accidents.
5. Backhoes and excavators.
The CPWR Struck-by and Caught-in Hazards publication reported that backhoes are the most common equipment causing injuries and fatalities. Bystanders and pedestrians being struck-by a backhoe were the highest category of deaths. The reason the fatalities happen is mainly because of improper or missing non-OSHA compliant safety training and poorly maintained backhoes.
Backhoes and excavators routinely cause death and injuries to pedestrians. “Heavy equipment and truck-related deaths on excavation work sites” reported that backhoes and excavators registered by The Bureau of Labor Statistics and CFOI data found over 481 deaths between 1992 to 2002. Vehicles caused at least 253 deaths. This included over 90 highway deaths and 134 deaths on excavation sites.
6. Skid steers.
A publication entitled, “Injuries and Fatalities Related to Skid Steers: 2015-2020” reported that OSHA records found 227 injuries and 87 fatalities from skid steers accidents between 2015-2020. This was from construction, waste management and agriculture industries. In most injuries, a pedestrian was injured when the skid steer driver negligently ran into the pedestrian.
Skid steers frequently cause accidents on roadways and in parking lots and streets adjacent to construction zones. This is to passengers cars and pedestrians near the work area. Skid steers need proper training or the operators will strike cars and people. Normally, this is due to vision obstructions. Be cautious when close to a skid steer operator.
7. Road Graders.
The Bureau of Labor Statistics analysis of fatal injuries at road construction sides between 2003-2010 reported that more than 7,000 deaths were reported at road construction sites. 443 of these deaths were from a pedestrian being struck-by mobile powered equipment like road graders, bulldozers, road pavers, dump trucks and other construction equipment.
A study entitled, “Visibility-related fatalities related to construction equipment” reported that five percent of all construction fatalities between 1990 to 2007 are visibility related. Graders and similar road construction equipment prevent the driver from seeing the motor vehicle or pedestrian. 45 percent of the fatal accidents are from blind spots. 87 percent of these accidents are from struck-by accidents.
When driving adjacent to roadways under construction always be cautious to slow down to avoid an accident with construction equipment like road graders. Road graders weigh from 33,000 lbs. to almost 50,000 lbs. The road grader weighs much more than a passenger car that weighs 4,000 lbs. The occupants in the passenger vehicle will be the losers in an accident.
What are the Top 15 Causes of Construction Truck or Equipment Accidents?
- Improper or nonexistent safety training of CMV drivers.
When the truck is a commercial motor vehicle (CMV) the OP-1 oath requires the motor carrier to certify under oath that a safety plan exists following the FMCSR. Many trucking companies never follow the safety regulations and the driver is not qualified to properly drive from negligent training which causes accidents. - Improper or nonexistent safety training of equipment drivers.
OSHA requires specific training on most construction equipment that is performed by knowledgeable training professionals with classroom training and evaluation followed by a certification from the instructor that the driver/operator is trained and safe. Unfortunately, many construction companies do not follow the rules leading to untrained driver/operators causing accidents. - Inattentive and distracted driving.
The Federal Motor Carrier Safety Administration (FMCSA) reported that 71 percent of all large truck crashes are a result of the truck driver performing a task unrelated to driving. The CMV Driving Tips reported that 80 percent of truck driver accidents happen from driver inattention in the 3 seconds prior to impact. - Obstructed view.
Most construction equipment operators are lifting pallets, concrete pieces, and road construction materials. When a load is in front of the driver it obstructs their view of bystander pedestrians. When working on roadways it obstructs their view of cars and vehicles traveling in an adjacent lane and crashes happen. - Negligent backing.
Most people have heard that familiar beeping sound when construction trucks and equipment are backing up and emitting a warning. This is required because of how often drivers and operators have accidents from failing to look backwards or cannot see due to blind spots. Many people are injured from backing. Observers co-employees should direct backing to avoid accidents. - Inadequate Driver/operator supervision.
A majority of accidents happen from construction trucks and equipment because there is no real supervision happening. Supervision must monitor training, qualification to drive and operate safely, and do intermittent retraining to prevent accidents. - Sudden turns and lane changes.
Large trucks like dump trucks and concrete trucks traveling on streets can fail to give warning of intention to turn. Construction equipment can be turned abruptly hitting vehicles and pedestrians. When no warning is given to bystanders and pedestrians an inevitable accident and injury occurs. Obstructed view and blind spots cause a majority of crashes. - Equipment Failure.
The FMCSA and OSHA are two government agencies. FMCSA is over the CMV trucks and OSHA is over the construction equipment. Both have a number of studies finding that accidents happen frequently from bad brakes, bad safety equipment and other defects that could be prevented by routine inspection and repair. Unfortunately, many companies do not do either properly. - Sudden stops without warning.
Construction trucks like dump trucks, concrete trucks and waste management trucks make sudden stops when the driver is lost or a mapping system commands them to take a different direction. These sudden stops can cause the vehicle behind them to crash into them. Maintain safe space away from construction trucks to prevent injuries. - Rollovers and tip-overs.
Concrete trucks have high centers of gravity and easily rollover when driver error occurs. The construction equipment can be operating near drop off ledges adjacent to moving lanes of traffic where they can roll or tip-over landing in the lane of travel where a motor vehicle will have a catastrophic injury accident. - Speeding.
The FMCSA study called LTCCS learned that 23 percent of truck accidents are from the truck driver driving too fast for the existing conditions. - Inadequate evasive action.
The FMCSA found that 14 percent of all truck accidents are caused by the truck driver failing to take evasive maneuvers to avoid an oncoming accident. - Inadequate driver discipline policies.
The construction industry must discipline drivers and operators by use of disciplinary policies to ensure that safety rules are followed. Even though the industry standard is to use the rule of 3 with warning, suspension, and termination, many construction companies have no such policy. Both disciplinary - Overloaded construction trucks.
Construction trucks like dump trucks and concrete mixing trucks carry a tremendous load of weight. They carry extremely heavy loads of concrete and construction materials. Because they are heavy, they are difficult to stop quickly. Both drivers and construction companies have a duty to ensure that truck drivers have sufficient training to drive safely and avoid accidents. - Reckless driving.
The FMCSA Motor Vehicle Violations page identifies why reckless driving increases accidents. Failing to signal increases crash probability by 96%. Improper passing increases crash probability by 88%. Failing to obey traffic signs increases crash probability by 68%. Erratic lane change increases crash probability by 80%. Reckless and careless driving increases crash probability by 64%.
Why are Accident Cases with Construction Trucks Difficult?
Accident cases with construction trucks are difficult because of the complex nature of the FMCSR. Many lawyers do not understand the federal regulations applying to construction truck drivers. They may not understand OSHA regulations applying to equipment. They are difficult because obtaining all the critical evidence to prove regulatory violations takes a tremendous amount of work. We understand the regulations.
The 5 top reasons that construction truck accident cases are difficult are:
- Company Safety Profile is not online.
Trucking companies are investigated by the FMCSA for compliance with federal regulations to prevent accidents. Unfortunately, their monthly safety profile is not available publicly online. This requires the construction truck lawyer to make a FOIA request to the DOT and FMCSA to request the information. It takes substantial work to obtain it. - Trucking companies and defense lawyers conceal evidence.
In a normal case the construction truck attorneys investigate to obtain the accident history, DOT enforcement actions against the motor carrier and hiring, training and supervision policies to help prove negligence. Trucking companies and defense lawyers routinely conceal relevant evidence which makes the task of finding critical evidence to win difficult. - Requires multiple safety depositions.
Construction truck cases are difficult because they require sophisticated depositions of drivers, training and hiring managers, safety directors, dispatch managers, citations records managers and operations managers to prove negligence. Only an experienced construction truck accident lawyer will be able to competently question the management of the trucking company. Our lawyers skillfully question managers. - Accident scene critical evidence disappears rapidly.
Scene evidence is likely the most critical evidence of the case and helps prove the construction truck driver was at fault. Scene evidence can be lost within 24 hours due to road traffic, weather and other alterations that occur to skid marks, points of impact and evidence that can be dissipate with time. - Safety experts require substantial evidence to give fault opinions.
In severe accident cases, construction truck accident attorneys will hire a safety expert with experience in driving trucks and safety management over truck drivers. They require a long list of evidence to review before they can give an adequate opinion on the lack of safety for the trucking company.
How long is the Statute of Limitations for an Accident with Construction Trucks or Equipment?
A construction truck or equipment accident case has a two-year statute of limitations under Kansas statute 60-513. Minors have a longer period of time. Some states have longer periods of time like 3, 4 and 5 years. You should never wait to hire a lawyer and should do so in the first 24 hours to protect your legal rights.
What are the 5 Worst Types of Injuries Caused by Construction Trucks and Equipment Accidents?
Construction trucks and equipment accidents are unusually heavy and cause severe accidents resulting in catastrophic injury and death. The weight disproportion between these heavy trucks and machines far outweighs smaller passenger vehicles, pickups, and motorcycles so the other vehicles are the likely injury victims.
The 5 worst types of injuries caused by construction trucks and equipment accidents are:
- Broken bones and severely fractured bones.
The substantial weight difference almost always results in severe bone breaks and fractures. Likewise, rollover accidents from concrete trucks and dump trucks that slide into the adjacent motor vehicles will result in severe fractures to the spine, shoulders, hips, legs, hips, and pelvis. - Head injuries and traumatic brain injuries.
Head injuries including concussions, skull fractures, brain hemorrhage and traumatic brain injuries (TBI) are a frequent result of accidents with construction trucks and equipment. The deceleration and acceleration forces caused in the collision will shake the brain back and forth and can cause permanent damages to the nerve axons in the brain. - Spinal Cord Injuries.
Construction trucks and equipment accidents cause severe spinal cord injuries (SCI) resulting from head-on crashes, side impacts and rollovers. It can result in extreme fractures like retropulsion burst fractures, spinal cord swelling and central cord compression injuries. These severe injuries usually leave the injured person with some form of paralysis, like paraplegia, tetraplegia, or quadriplegia. - Internal organ injuries.
Because construction trucks and heavy equipment weigh so much, a collision with a car, pickup, motorcycle, or pedestrian will normally lead to massive forceful crush injuries and internal organ damage. Kidneys, spleens, gall bladders and lungs are common internal organs that become severely damaged. Long term hospitalization and surgery is normal. - Wrongful Death.
Roadway accidents with construction trucks or heavy equipment do not normally end up good for the smaller vehicle or pedestrian. An accident can quickly lead to wrongful death to the vehicle occupants. When this happens, we look for evidence of conscious pain and suffering prior to deaths so a survival action can be added to seek punitive damages.
Frequently Asked Questions
Who is liable for my injuries from a construction truck accident?
When you are in a construction truck accident, the driver and their employer will be liable for your injuries. In some cases, there may be liability claims against other companies like maintenance companies on the vehicle, product liability claims for defective tires and brakes and claims against negligent dispatchers.
Is workers’ compensation my only option from a construction accident?
Workers’ compensation is not your only option after a construction accident. In severe accidents where multiple construction companies are at the construction site and you are injured by the negligence of a worker of another company you may be able to bring a third party personal injury claim against the worker who injured you and their company.
How often are Hispanic workers killed in construction accidents?
The CDC published OSHA statistics reporting that the number of fatal injuries to Hispanic construction workers increased 90 percent from 2011 to 2019.
Locations We Serve
With physical offices in Kansas and Texas, the Truck Accident Lawyers Group is ready to represent injured people who have had a motor vehicle and truck accident anywhere in the United States. Make sure you hire an experienced truck accident lawyer who understands the safety rules under the FMCSR.
