It shouldn’t come as a surprise that construction zones are dangerous. In fact, the risk for accidents is so heightened in these areas that the government and most states have passed special laws for people driving through construction zones. But what about when the construction company is responsible for the accident?
In such a case, the construction company, or even the government, may be held responsible for the injuries you suffer. Collecting, however, means proving negligence. Learn everything you need to know about road construction accidents, the damages you can collect, and why it’s important to have an attorney at your side.
Reasons for Road Construction Accidents
Most road construction accidents are caused by irresponsible drivers who aren’t obeying the rules. If you’re in this kind of accident your case will likely proceed just as any other car injury case. However, there are circumstances where the road crew might cause injuries. These include the following situations:
– Â Â Â Â Â Â Â Â Â Improper warning signs and instructions
– Â Â Â Â Â Â Â Â Â Failing to leave enough room for navigation
– Â Â Â Â Â Â Â Â Â Creating dangerous road conditions
– Â Â Â Â Â Â Â Â Â Failing to repair the road
Keeping a Safe Construction Zone
Crews at every construction site are required to maintain a safe construction zone. This means a few things. First, they must leave plenty of room for vehicles to maneuver. If a car has to navigate too tight a turn and has an accident as a result, the construction company is on the hook.
Second, if the company creates dangerous road conditions without patching them—leaving potholes in their wake, for example—or if they fail to completely restore the road after construction, they can be responsible.
Finally, failing to post proper and visible warning signs can create a condition of negligence. If the construction company fails to maintain these responsibilities, they might be held liable for damages. In addition, the federal government and most states have specific requirements that must be followed.
Proving Negligence
In order to collect damages from a road construction accident, you must prove three things. The first is that the construction company had a duty of care towards the people traveling through. This part is already firmly established. The second thing you must demonstrate is that the company breached this duty of care by failing to maintain safe conditions. Finally, you have to show that their violation of this duty was the cause of your injury.
If Your Claim Involves the Government
In some cases, road projects are overseen and run by the federal government. If this is the case, you might have a more difficult time collecting compensation for your injuries. In many situations, the government is exempt from lawsuits. However, if there is gross negligence involved, a case can be filed. However, there are strict and specific rules that have to be followed.
Hiring a Personal Injury Attorney
Regardless of the circumstances of road construction accidents, it’s important to hire the services of a qualified personal injury attorney. Attorneys have seen cases like yours before and know exactly how to gather the necessary evidence as well as how to fight back against the insurance companies that will do whatever they can to avoid paying out.
In order to get the maximum possible settlement, a Colorado injury attorney is your best bet. Call the personal injury lawyers at Heuser & Heuser LLP for a free discussion about your case today.
