While on the public road, there are countless hazards that drivers must watch out for to prevent an accident. Whether it be negligent drivers, hazardous weather conditions, unkempt roads, broken stoplights, the list goes on. In addition, accidents in construction zones are rising, with Work Zone Barriers estimating more than 102,000 crashes and 45,000 injuries were estimated to have occurred in work zones in 2020. While typically it is the responsibility of the driver to slow down and take heed of construction work on or near the road, what if the construction directly results in an accident? Here, we want to look at the steps to take after an accident in a construction zone and who can possibly be held responsible for the damages.
Responsibilities Of A Construction Company In A Work Zone
Although drivers are expected to be especially careful when driving through a construction project, that doesn’t mean a construction company doesn’t have safety protocols as well. In fact, there are several precautions that a project must follow to prevent accidents which include but are not limited to:
- Post visible and clear warning signs
- Keep the road free of debris, workers, and equipment
- Create appropriate and safe detours
- Allowing space for passing vehicles
However, if the zone is not kept as safe as possible and the proper precautions are not taken, the construction company, city, or another third party could be held liable for the damages in the event of an accident. This is possible even if the accident may not have been directly influenced by the construction.
Who Can Be Held Liable In A Construction Zone Car Accident?
If there does happen to be a vehicle accident within the premises of a construction site, there are multiple parties that could be held responsible. Some of the most likely to be held liable are:
The City: If a project is commissioned by a city or town, anything that happens under their watch and instruction is typically seen as the responsibility of the city. As overseers of the project, it is the city’s job to take all of the necessary safety precautions, or if the accident occurs on city property, they can be held liable as well.
A Manufacturer: In some instances, it could be a piece of faulty construction equipment that leads to an accident. If this is proven to be true, then the manufacturer that produced the unsafe tool or equipment could be seen as responsible.
Third Parties: In the construction industry, it is not uncommon for companies to hire contractors to help with certain jobs. If a contractor’s negligence results in an accident, the contractor could be blamed and damages sought in what is known as a third-party claim.
What To Do After An Accident In A Construction Zone
As with any car accident, there are a number of steps that an accident victim should take for their own personal safety and protect themselves from a legal standpoint. As noted by the injury lawyers at Shaw Cowart, following a car accident in a construction zone an individual should:
- Call the police
- Accept offered medical care
- Obtain contact information of other drivers (if applicable)
- Provide a thorough statement to the police
- Ask questions and speak to witnesses (other drivers, construction crew) that may have seen the accident
- Take pictures of the accident
- Retain a lawyer
Compensation You Can Recover
Thankfully, with the right evidence and legal representation, accident victims very well may receive financial compensation after a wreck in a construction zone. The compensation an individual receives from those liable can be used for:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Wrongful death
- And more
If you believe that the car accident was not your fault but the result of an unsafe or hazardous construction zone, it is imperative that you seek legal representation. The right lawyer will help you stand up against who may be liable and provide you with a strong case that you may not normally have when trying to take on large, well-represented organizations on your own.