Linemen and Road Crews Hit Near Work Trucks in Texas: What Injured Workers Should Know

Across South Texas, utility linemen, highway crews, and contractors spend their days working on the edge of live traffic. A lineman stepping out of a bucket truck, a crew member setting cones behind a work truck, or a driver sitting in a truck-mounted attenuator (sometimes called a “Scorpion” truck) at the back of a work zone can be hit by a driver who is speeding, distracted, or simply not paying attention. These crashes can cause catastrophic injuries. Here is what injured workers and their families should know.

How do these crashes happen?

Common situations include:

• Rear-end crashes into protective trucks. Truck-mounted attenuators are designed to absorb a hit at the back of a work zone, but the driver inside can still be seriously hurt.
• Workers struck on foot while setting up or taking down cones, signs, and barricades.
• Linemen hit beside a bucket truck or digger derrick parked on the shoulder or in a lane.
• Drivers who fail to move over or slow down for utility and highway vehicles with their lights flashing.
• Commercial trucks and 18-wheelers drifting onto the shoulder or into a closed lane.

Injuries often include traumatic brain injuries, spinal injuries, crushed or broken legs and pelvises, amputations, and death.

What does Texas law require drivers to do around work trucks?

Texas’s Move Over / Slow Down law specifically covers these vehicles. It applies to a Texas Department of Transportation vehicle or a highway maintenance or construction vehicle operated under a state contract that is using approved visual signals, and to a service vehicle used by or for a utility that is using approved visual signals (Tex. Transp. Code § 545.157(a)(3)–(4)).

When approaching one of these vehicles, a driver must, unless directed otherwise by a police officer:

• Move over out of the lane closest to the vehicle on a highway with two or more lanes going the same direction, or
• Slow down to at least 20 miles per hour below the posted speed limit, or to 5 miles per hour when the posted limit is under 25 (§ 545.157(b)).

Violating this law is a criminal offense with fines starting at $500 (§ 545.157(c)). Fines for traffic offenses in a construction or maintenance work zone are doubled when workers are present (Tex. Transp. Code § 542.404). In a civil injury claim, a driver’s failure to move over or slow down can be important evidence of negligence.

Can I make a claim if I’m already getting workers’ comp?

Often, yes. If your employer carries workers’ compensation, you can receive comp benefits, and comp is generally your only remedy against your own employer (Tex. Lab. Code § 408.001(a)). But Texas law expressly allows an injured worker to pursue workers’ comp benefits and a damages claim against a third party whose negligence caused the injury (Tex. Lab. Code § 417.001(a)).

In these crashes, the third party is usually the driver who hit you, and often that driver’s employer if they were driving for work. A third-party claim can include damages that workers’ comp does not pay, such as pain and suffering and the full amount of lost earning capacity.

Keep in mind that the workers’ comp carrier generally has a right to be repaid from a third-party recovery for the benefits it paid (§ 417.001(b)). How that repayment is handled can significantly affect what the worker actually receives, so it should be addressed early. Oil field workers face similar issues; see oil field injuries in South Texas.

If your employer is a non-subscriber, you may have a claim against the employer as well. Our article on construction site injuries, workers’ comp, and non-subscribers explains how that works.

What if the driver who hit me had little or no insurance?

Uninsured and underinsured motorist (UM/UIM) coverage may help. Your employer’s commercial auto policy may include UM/UIM coverage for people occupying the company vehicle, and your own personal auto policy may also apply in some situations. Texas auto policies must include UM/UIM coverage unless it was rejected in writing (Tex. Ins. Code § 1952.101). Whether a worker standing outside the truck is covered depends on the policy language, so the policies should be reviewed carefully.

What should I do after being hit in a work zone?

• Get medical care right away and make sure the injury is reported as work-related.
• Report the injury to your employer in writing. For workers’ comp, notice is generally due within 30 days (Tex. Lab. Code § 409.001).
• Get the crash report and the other driver’s name, insurer, and employer if they were in a work vehicle.
• Ask that video be preserved. Many utility and contractor fleets have dashcams or telematics, and nearby businesses may have cameras.
• Write down the warning lights, signs, cones, and lane closures that were in place.
• Be careful with statements to the other driver’s insurer and with anything you are asked to sign.

Frequently Asked Questions

I was driving the attenuator truck when I was rear-ended. Do I have a claim?

Possibly. The attenuator truck is there to protect the crew, but the driver who hit it may still be responsible for your injuries. You may have both a workers’ comp claim and a third-party claim against that driver.

What if a commercial truck hit me?

Crashes involving 18-wheelers raise additional issues, including federal safety rules and the trucking company’s responsibility. See our Eighteen-Wheeler Crash page and our guide on what to do when you need a truck accident lawyer.

How long do I have to file a lawsuit?

The general deadline for a personal injury lawsuit in Texas is two years from the date of the injury (Tex. Civ. Prac. & Rem. Code § 16.003). Wrongful death claims generally must be filed within two years of the death. Claims involving a government vehicle may require written notice within six months or less (§ 101.101). Workers’ comp claims have their own deadlines.

Related reading

• Construction Site Injuries in Texas: Workers’ Comp, Non-Subscribers, and Third-Party Claims
• Oil Field Injuries in South Texas: Who May Be Responsible?
• Truck Drivers Hit by Another 18-Wheeler in Texas

Learn more on our Construction Accident and Eighteen-Wheeler Crash pages.

Talk With Caquias Law Group, PLLC

If you were hurt while working near a utility truck, work truck, or work zone, Caquias Law Group, PLLC can review what happened in a free consultation and explain your options. With offices in San Antonio and Harlingen, we represent injured workers across South Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.