Lost Evidence in Work Zones

Any time a vehicle collision occurs, the top priority is to gather evidence. Every piece of evidence helps tell a story of how and why the accident happened, who was at fault, what injuries were sustained, and how badly damaged the vehicles are. Lost evidence can create holes in the story of a wreck.

When an accident happens in a work zone, gathering evidence becomes even more important. But it must be collected quickly.

Collisions in Work Zones

In the United States, there is one work zone fatality for every 4 billion vehicle-miles of travel and for every $112 million worth of expenditures on roadway construction. Additionally, there were 246 fatal work zone crashes involving commercial motor vehicles—such as semi tractor-trailers, flat beds, or other work trucks—in 2022.

There are many aspects of work zones that can contribute to collisions, particularly rear-end ones. Most construction areas include changes in speed limits, reduced number of lanes, and traffic pattern shifts that can all lead to collisions if drivers are not careful. These accidents occur most often in areas where traffic is entering or leaving a construction zone because of drivers merging or reducing their speeds.

Work Zones Change Quickly and Often

Crashes in these areas can become complicated very quickly because of the nature of work zones. Construction areas experience daily alterations as road projects progress. This means that evidence left behind from a wreck may disappear if not collected in a timely manner.

“It is even more important to move quickly when that wreck happens in a construction zone. And the reason is that construction zones change. The road changes, signage changes, the lanes may change, the flow of traffic may change. All those things can happen overnight, and so you need to move quickly,” David Craig—co-founder and managing partner of Craig, Kelley & Faultless and truck accident attorney board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association—said in his recent video about semi-truck accidents in work zones.

Some pieces of evidence that may prove useful include pictures of the accident, video footage of the wreck from nearby traffic or security cameras, and witness statements. But in some instances, a more thorough investigation of an accident site is needed.

An experienced truck accident attorney will typically hire a reconstructionist to go over the scene of a wreck and collect the necessary evidence. They will use data-based reconstruction of a crash to lend insight and provide vital information that may not be included in or consistent across testimonial accounts.

Reconstruction typically involves a detailed inspection of the accident site, as well as other elements like vehicles, broken objects, or clothing. They may also inspect an exemplar item, which is an undamaged vehicle, vessel, or component that is identical to the make, model, and equipment associated with the item that was involved in the crash. Then, they will use state-of-the-art technology to capture relevant data from the exemplar, scene, or other elements of a wreck. Some of the tools they may use include:

• Digital video or photography
• Drones
• 3D Laser Scanning
• Light metering
• Headlight mapping.

Beyond those procedures, reconstructionists will also collect data from Event Data Recorders (EDRs or “black boxes”), which includes many types of data including the speed someone was driving, whether they tried to brake, and more.

While a reconstructionist can help create a better picture of what happened in an accident, it still may not make up for the evidence lost in work zones. Signage indicating the speed limit and lane changes, the exact layout of the lanes, and road conditions at the time of the crash may change as quickly as the next day. And if there are no photos or footage of the work zone’s setup when the wreck occurred, it can be more difficult to reconstruct.

Act Quickly

Work zones change every day, and because of that it’s important to act quickly. With any semi-truck or other commercial motor vehicle accident, time is of the essence. Evidence must be preserved immediately.

When a truck accident happens, one of the first things you should do is call a board-certified truck accident attorney who has experience with work zone cases. While police will file an accident report and do their own inspection, they may not catch every detail. Their priority is cleaning up the wreck and allowing traffic to resume.

An attorney will send investigators and reconstructionists to the scene of the wreck as soon as possible to ensure a thorough investigation.

“All that is done immediately within 24 hours after we’re hired. And the reason it’s done so quickly? That evidence may be gone within 48 hours,” David Craig said.

Injured in a Work Zone? Craig, Kelley & Faultless Can Help

Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims of commercial vehicle wrecks through every aspect of their case.

Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.

Reach out for a free case consultation today at (800) 746-0226 or online.

 

David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.