A construction zone is exceptionally dangerous, for both construction workers and for people who are at the roadside. Depending on the situation, government agencies or the construction company are responsible for these accidents.
If you or a loved one were injured in a car accident at a construction site in New York, you should consult with a personal injury attorney.
Here are the most common mistakes that lead to car accidents in a construction site zone.
Proper signage is the best way to keep motorists safe when they pass through roadside construction zones. Federal and state regulations require certain levels of signage that construction sites must use. The law determines where the signs are placed and how many signs are necessary to keep the public safe. If there is a failure to oblige by these laws, chances are accidents will happen (often with severe injuries or even deaths). In such a case the construction company or agency will be at fault.
Certain construction projects may require drivers to change routes around or through the construction. There are regulations in place to make sure drivers make these turns at a safe speed and angle. Accidents can easily occur if drivers have to make sudden or sharp turns.
Unsafe Pavement and Road Conditions
Uneven pavement is a side effect of road construction and if the construction company or agency fails to mark the uneven pavement as a potential hazard, many accidents will happen. States can have their own regulations, but any elevation over a certain height must be suitably marked so that drivers know to continue with caution and adjust their speed.
Even if the construction work is done, the road conditions can be the reason for accidents. Road hazards occur in such places, and if that happens, the state will be liable for the bad road state (the state is the road “owner)
Construction Zone Personal Injuries
Although construction workers are eligible and in most cases to get workers’ compensation settlements, drivers can also end up with personal injuries (and damages).
If you were experiencing something like this, you can file a lawsuit but you’ll also have to prove the following:
The construction site should be a safe zone – This responsibility belongs to the construction company. All construction companies must follow federal and state regulations, and if they fail to do that, they will be considered negligent. If the conditions surrounding the construction zone are bad, the company should take precautions to make the area safe for drivers.
Breach of duty – If the construction company fails to uphold the duty to keep the construction zone safe for workers and drivers, they risk to be considered negligent. The construction company should warn drivers (a quarter of a mile before the construction zone) about the construction ahead. This is a legal obligation, and the company fails to do so, then it will be considered a breach of the duty of care and negligence. In this case, a breach would hold the company liable.
Breach leading to harm – If you want your personal injury case to be successful, you as a plaintiff, must be able to show evidence that the negligence of the construction company led to your injury or damages. The most common damages in construction zone car accidents include medical expenses, lost wages, property damage, loss of quality of life, but also emotional pain and suffering.
If you have recently been injured in a car accident at a construction site, you should immediately get medical help and report the accident to the police and to your insurance company. Even if there was only minor damage to your vehicle, don’t avoid reporting it. What now seems like a minor thing, may require a long reparation which will affect your budget. Make sure you get a medical exam as well; even if you don’t feel any pain, a complete medical examination may show internal bleeding or organ injuries. Having a medical report will ease your case in the future, so the insurance company will have to offer a suitable settlement.
The next thing you should do is contact a personal injury attorney. Things can get complex in such accidents. You’ll have to prove how the accident happened, whether the construction company had any signs around the site, potential road hazards, and so on. Allow a skilled and experienced personal injury lawyer from Cellino Law to take care of your case.