How to Prove a Truck Driver was Speeding after an Accident
Posted in: Truck Accidents
The aftermath of a construction vehicle accident can be overwhelming. You may be unable to return to work and require months or years of care—surgery, rehabilitation, injections, or in-home assistance. With current and future medical costs on top of reduced income, you need clear answers about recovering compensation for your losses.
At Kisling, Nestico & Redick, we explain your rights, preserve evidence, and pursue every available insurance policy. Our Ohio truck accident lawyers understand the unique risks of heavy equipment operating in or near live traffic and how to build strong claims against multiple responsible parties.
To learn more, contact KNR today at 1-800-HURT-NOW.
Construction vehicles include heavy trucks and machines used to move people, materials, or equipment to, from, or around a jobsite. These vehicles are bulky, have large blind spots, and often operate feet from motorists and pedestrians, which increases the risk of severe injury when something goes wrong.
These machines are extremely heavy with long stopping distances and wide turning radiuses. Once a hazard is detected, there may be little time to avoid impact. If a driver is poorly trained or unqualified, or isn’t paying attention, risks escalate quickly.
KNR’s priority is maximizing your recovery for damages such as:
Ohio’s roads are frequently widened, resurfaced, and rebuilt. With growth across our cities and suburbs, drivers and pedestrians routinely pass active work zones. Narrowed lanes, shifted traffic, or unprotected crossings add risk—especially when construction vehicles enter or exit the site.
These crashes usually trace back to preventable safety failures:
Operator negligence includes distraction, failure to maintain a proper lookout, fatigue, impairment, speeding, and unsafe turns across live traffic.
Employers must ensure operators are properly licensed, trained, and supervised. Hiring or keeping unqualified drivers—or ignoring red flags—can make the company liable for injuries.
Heavy equipment has large blind spots and elevated cabs. Backover incidents occur when spotters aren’t used, backup alarms fail, or cameras/mirrors are missing or ignored.
Poor maintenance, defective parts, and unsafe designs can cause brake failures, steering issues, hydraulic malfunctions, or tire blowouts.
Unbalanced or unsecured cargo can shift or fall, leading to rollovers, jackknifes, or hazardous debris in the roadway.
Ohio applies negligence and comparative fault. Several parties may share responsibility depending on where, how, and why the crash occurred:
If you were an on-site worker, you may have a workers’ comp claim and a third-party claim against a negligent driver, subcontractor, or manufacturer. If you were a motorist or pedestrian, your recovery may come from the at-fault company’s commercial policy, the driver’s liability coverage, excess/umbrella insurance, or your own UM/UIM coverage if a contractor’s vehicle fled the scene.
If you were injured in an accident with a construction vehicle, contact us at KNR right away. We will investigate the accident, determine who is liable, and pursue the maximum compensation possible. We understand the federal and state rules for work zones and commercial vehicles and will advocate for you at every step.
They involve complex work-zone traffic control, multiple contractors, and equipment moving in tight spaces near the public. Liability often turns on whether the plan, signage, spotters, and fleet maintenance met applicable standards, and whether contractors coordinated safely.
Potentially the driver, the hauling company, the prime contractor, or a subcontractor that overloaded the truck. KNR traces contracts and insurance layers to identify all responsible parties and available coverage.
You may have a workers’ compensation claim and a third-party negligence claim against non-employers (e.g., subcontractors or manufacturers). Third-party claims allow recovery for pain and suffering and other losses not covered by workers’ comp.
No. You must prove negligence—duty, breach, causation, and damages. Evidence like missing spotters, non-functioning alarms/cameras, or poor maintenance can establish a breach even without a formal citation.
Generally, two years from the date of injury. Claims involving public entities may require earlier notice, so act quickly to protect your rights.
Medical expenses, lost wages, loss of earning capacity, pain and suffering, disfigurement, and other out-of-pocket costs. In wrongful death cases, eligible family members may recover funeral expenses and other damages.
We secure work-zone plans, maintenance records, operator qualifications, ELD/telematics, GPS breadcrumbs, and witness statements, and retain experts in reconstruction, human factors, and fleet maintenance as needed.
Yes, but the process is more complex. When the vehicle belongs to a government entity—such as the Ohio Department of Transportation or a city public works department—you must file a notice of claim within the statutory period, often within 180 days, due to sovereign immunity laws. KNR can help ensure you meet strict notice and filing deadlines.
Depending on where the accident occurs, investigations may be handled by local police, the Ohio State Highway Patrol, the Occupational Safety and Health Administration (OSHA), or the Ohio Department of Transportation. KNR’s legal team conducts independent investigations to secure black box data, maintenance records, and work-zone safety plans before evidence disappears.
Yes. Ohio requires contractors to maintain commercial general liability and vehicle insurance for work involving heavy equipment or public rights-of-way. Most carry multimillion-dollar policies, which may include additional coverage through subcontractors or project-owner policies. KNR identifies all potential coverage layers to maximize recovery.
Absolutely. Subcontractors often manage individual pieces of work, like hauling debris or paving. If their employee or vehicle caused your injuries, you can bring a negligence or vicarious-liability claim against that subcontractor in addition to the general contractor or other responsible parties.
Yes. Missing or poorly placed warning signs, barriers, or flaggers can shift fault to the construction company or project manager. Ohio’s Manual of Uniform Traffic Control Devices (OMUTCD) sets the safety standards for work-zone signage, and violations can be strong evidence of negligence.
In most cases, the injured worker’s primary remedy is through workers’ compensation. However, if the vehicle was operated by a different employer, subcontractor, or manufacturer, a third-party lawsuit may still be available for additional compensation, including pain and suffering.
Vehicles like dump trucks and cement mixers are subject to both commercial trucking regulations and specific OSHA construction safety rules. These vehicles often have large blind spots, limited braking distance, and unique maintenance requirements. KNR uses driver-qualification files, ELD logs, and hydraulic system inspections to prove fault in such cases.
The value depends on injury severity, medical costs, lost income, long-term disability, pain and suffering, and insurance policy limits. KNR reviews medical documentation, financial losses, and expert reports to determine a fair settlement or trial value specific to your situation.
Many cases are resolved within 6–18 months, depending on the complexity of the case, the extent of injury recovery, and the level of cooperation with insurance. Cases involving multiple contractors or government defendants can take longer. KNR focuses on early evidence preservation and negotiation to achieve the best possible outcome efficiently.
Yes. If a family member was killed in a construction vehicle accident, we help eligible survivors pursue a wrongful death claim under O.R.C. § 2125.02 for funeral expenses, loss of companionship, and future financial support.
Bring the crash report, medical records, photos of the scene and injuries, insurance information, witness contacts, and any correspondence from employers or insurers. KNR reviews every detail during your consultation to outline the best path forward.
To learn more about your rights after an accident involving a construction vehicle and the process of filing a personal injury claim, contact us at 1-800-HURT-NOW to schedule a complimentary consultation.
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