Liability in Washington Construction Vehicle Accidents Cases

Posted on Friday, November 1st, 2024 at 9:00 am    

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Construction vehicles are large and heavy and can cause catastrophic damage when they collide with people or cars. Construction vehicle accidents in Washington State also raise complex liability questions. Is the construction worker who was driving the vehicle the liable party? What if the vehicle had a manufacturing or design defect? Do construction companies have any responsibility for construction vehicle accidents? These are crucial questions, and you’ll find the answers below.

Who’s Liable for Construction Vehicle Accidents in Washington State?

Washington does not use a no-fault auto insurance system for vehicle accidents. Instead, fault for a vehicle crash is usually based on negligence. A person or other entity acts negligently when they fail to take reasonable precautions to prevent an accident. For example, a drunk driver who hits another car is negligent because they failed to follow traffic laws.

Many kinds of negligence can cause a construction vehicle accident. Some of the liable parties in these accidents may include:

  • Construction Companies—Construction companies are often responsible for ensuring worksite safety. They may be liable for accidents if they fail to properly train workers to operate large vehicles, overlook safety protocols, or neglect regular vehicle maintenance.
  • Vehicle Operators—Construction vehicles must drive cautiously and adhere to safety guidelines. Distracted driving, operating the vehicle while fatigued, or failing to check blind spots are some examples of operator negligence that may cause a collision. Speeding or not signaling when moving through the site are other unsafe practices that could make operators liable.
  • Equipment Manufacturers – Sometimes, faulty construction vehicle parts or equipment defects lead to accidents. For example, defective brakes or steering components can create dangerous situations on a construction site. Manufacturers may be liable for accidents if they distribute poorly designed parts or fail to warn users about potential risks.
  • Contractors and Subcontractors – Contractors and subcontractors managing a site must follow all required safety regulations. They may be liable if they ignore inspections, skip safety training, or fail to enforce safe working conditions.
  • Property Owners—Property owners may also be responsible if they fail to address known hazards on the site that affect construction vehicle operations. Neglecting to remove debris or not securing uneven terrain could lead to accidents, making them liable in certain cases.

Challenges in Proving Liability for Construction Vehicle Accidents

Proving liability in construction vehicle accidents often presents special challenges. One major hurdle is gathering clear evidence to show fault. Construction sites are complex environments with many vehicles and moving parts, making pinpointing an accident’s exact cause difficult.

Witness statements are crucial but can sometimes conflict, as different people may recall events differently. Additionally, construction companies may deny responsibility or try to shift blame onto other parties, such as subcontractors or the vehicle operator.

Technical issues can also arise in these cases. Proving that a construction vehicle malfunctioned due to manufacturing defects requires expert analysis and detailed documentation. Accessing maintenance records or safety inspections may also be challenging if the construction company or vehicle manufacturer withholds this information.

Lastly, construction accident cases can involve multiple liable parties, each trying to reduce their share of responsibility. Establishing fault is a lengthy, complicated task that often requires professional legal assistance.

Potential Compensation for Construction Vehicle Accidents in Washington State

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Passers-by injured in Washington construction vehicle accidents can seek compensation for many losses they’ve experienced, including:

  • Lost income
  • Reduced future earnings
  • Current medical expenses
  • Future medical needs
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life
  • Damaged personal property (if applicable)

The situation is trickier for construction workers injured in on-the-job vehicle accidents. Injured workers typically can’t sue their employers, but they can file a workers’ compensation claim. If a third party contributed to an injured worker’s injuries in a construction vehicle accident, the worker has other options. They can file personal injury and workers’ compensation claims, giving them more avenues to pursue the money they need.

How We Can Help If You Sustained Injuries in a Construction Vehicle Accident

If you’ve been injured in a construction vehicle accident, a Lakewood construction accident lawyer at The Law Offices of Briggs & Briggs is here to help you every step of the way. We can thoroughly investigate the incident, gather evidence, and identify all responsible parties to build a compelling case. Our team will handle communication with insurance companies and negotiate on your behalf to seek maximum compensation, letting you focus on healing. We understand the physical and financial strain severe injuries bring, and we’ll work tirelessly to recover the money you need for medical bills, lost wages, and other expenses.

Let us take on your legal burden while you focus on your recovery. Call (253) 588-6696 now or complete our contact form for a free consultation.

Related Posts:

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Legal Timelines for Suing after an Accident in Washington State

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When You Need to Reopen a Car Accident Claim in Washington

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