Who Is Liable For A Car Accident In A Construction Zone?
After an accident where road crews are present, the question becomes who is liable for a car accident in a construction zone? Like most motor vehicle accidents, determining liability revolves around understanding the events that led up to the accident and establishing the parties who may have been negligent.
In construction zones, liability can be more complex when you consider that liable third parties can include construction companies, contractors, subcontractors, and government entities such as The City of New York. If you’ve been injured in a construction zone car accident, an attorney can help you determine who was responsible: a driver, construction crew, a municipality, or another party.
Establishing Liable Parties After a Construction Zone Accident
Generally speaking, motorists in construction zones are required to adhere to the same state and federal traffic laws as all other motorists. Motorists who breach their duty of care and cause injury or death may be held responsible for providing victims with fair compensation for their losses.
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Causes of Construction Zone Accidents You Can Include in Your Claim
A driver may be liable for an accident in a construction zone if they do not take proper safety precautions when moving through the area.
Several forms of driver negligence could make a driver liable for your accident, including:
- Distracted driving
- Failing to adhere to warning signs
- Reckless merging
- Driving while under the influence
When Can the Construction Company Itself Be Found Liable?
Construction zones are dangerous for motorists, construction workers, and other pedestrians alike, according to the Centers for Disease Control and Prevention (CDC). As a result of the inherent dangers associated with construction zones, construction companies are legally responsible for taking every precaution possible to ensure the safety of their workers, pedestrians, and other motorists.
When construction companies or other parties are found to be negligent in construction zones and that negligence leads to serious injuries, these entities could be found responsible for your injuries. Forms of construction company negligence may include:
- Poorly designed routes or maintenance that force drivers to make sudden or dangerous maneuvers
- Improperly displayed or designed warnings signs
- Failure to indicate which lanes are safe for driving
- Improper lighting
- Construction equipment that prevents other vehicles from passing
- Missing flag persons or erroneous signals by those flag persons
- Failure to safely cover trenches or road excavations
If a municipality or government entity was responsible for ensuring the safety of a construction zone, they also could be deemed liable for the accident.
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We Can Help You Figure Out All the Damages You’re Entitled to and Then File for Them
Navigating a construction zone accident can be incredibly complicated. But that’s where our professional legal team comes in.
If we take your case, we will determine who was responsible for your accident and seek fair compensation from the appropriate party on your behalf. We will ensure that your claim gets filed before any deadlines expire. Your construction accident lawyer will fight for you to recover maximum compensation for every injury you incurred since the accident, including future losses.
Types of Damages You May Be Able to Seek
- Pain and suffering: This area of compensation includes money for your physical injuries, including mental anguish, diminished quality of life, depression, anxiety, and more
- Medical bills: If you were required to pay any money out of pocket or owe unpaid medical bills, you may be entitled to recover money for your medical treatment, including past and future doctor visits, emergency room visits, hospital stays, surgical and rehabilitation services, medication costs, and more
- Lost income: Often serious injuries result in lost time from work, and you may be able to recover any past or future wages lost as a result of your injuries.
- Reduced earning capacity: If you are only able to return to work in a limited capacity and suffer decreased wages as a result, you may be able to recover your reduced earnings.
- Property damage: You may also be able to recover the cost of any damage you incurred for damaged property.
- Wrongful death damages: If a loved one died as the result of a construction zone accident, the family of the victim may also be able to recover monetary compensation for funeral and burial costs, loss of companionship or guardianship, and more.
Every accident case is unique and there may be other types of damages that you or your family may be entitled to. The lawyers at Dansker & Aspromonte Associates LLP have been fighting for the rights of injury victims since 1988. We will use our experience and dedication to help you and your family recover maximum compensation for your losses.
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Your Time to File a Claim Is Limited
After a construction zone car accident, there are certain deadlines that limit the time you have to file a claim for benefits and compensation.
This means that you may want to get started on your case as soon as possible in order to protect your legal options. Some forms of evidence are best gathered immediately after an accident before it is lost, such as witness testimony, physical evidence, or photographs of the exact scene that caused the accident or video footage. We can help to ensure that your case is on track and important evidence is gathered promptly. If we accept your case, we will begin a careful and thorough investigation of the facts and circumstances of your accident, gather and preserve evidence and build a strong claim for maximum compensation so that you can focus on your own recovery.
Contact Our Attorneys at Dansker & Aspromonte Associates LLP Today to Learn More
You don’t have to try to settle your claim alone. Call us for a free no-obligation consultation and learn about how we can help with your case.
If we accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when we recover compensation for you.
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