Drivers Injured in Roadside Construction Accidents

Every year, thousands of drivers are injured in roadside construction zone accidents across America. According to the National Work Zone Safety Information Clearinghouse, 891 people died in roadside construction accidents in 2022. 37,000 others sustained injuries. Unfortunately, drivers and passengers in non-construction vehicles account for 80% of roadside construction accident victims.

Besides heavy machinery, drivers often have to navigate narrow lanes, uneven surfaces, and unpredictable traffic patterns in roadside construction zones. These hazardous conditions often increase the likelihood of accidents for motorists. If you have been injured while driving in a construction zone accident, it’s important to understand your legal rights and the options available to pursue compensation.

Common Causes of Roadside Construction Accidents

Factors like changed road conditions make construction zones inherently risky for drivers and other road users, even with safety precautions. Some of the most common causes of roadside construction accidents include:

1. Inadequate signage – poorly marked diversions, missing warning signs, or confusing traffic cones can disorient drivers, leading to accidents.
2. Poor lighting or visibility – nighttime construction without proper illumination increases the likelihood of accidents for drivers.
3. Debris or equipment on the road – construction equipment or debris left on roadways can obstruct drivers and lead to abrupt braking, swerving, or collisions.
4. Narrow or shifting lanes – driving on reduced space and having to make sudden lane changes can force drivers into errors, especially for larger vehicles or inexperienced drivers.
5. Negligence by workers or third-party contractors – human errors and negligent acts like placing barriers too close to traffic can create hazardous conditions for motorists.
6. Negligent or distracted driving – other drivers pose a threat when they ignore construction zone traffic rules like lower speed limits. Distracted driving, including texting or eating while driving, can also lead to accidents.

Understanding the cause of your accident is crucial for determining who is liable and building a strong personal injury claim.

Who May Be Liable in a Construction Zone Accident?

Unlike typical car accidents, several parties may be liable for the same road construction zone accident. Some potentially liable parties include:

1. i) Construction companies or contractors – These parties may be liable for unsafe work practices, like construction equipment left on roadways, and poor maintenance of machinery.
2. ii) Government agencies – Local or state agencies may be liable if their failure to ensure safe road conditions or adequate signage led to the accident.

• iii) Subcontractors or vendors: If a third party causes or contributes to a dangerous condition like poor lighting, they may also be liable for a construction zone accident.

1. iv) Other drivers – Another motorist may be liable if their negligent acts, like speeding or driving under the influence, cause or worsen a roadside construction accident.

Like many other states, Arizona uses the comparative negligence rule to share fault among multiple liable parties, including the injured driver in some cases. Even when partially at fault, you are still eligible for compensation. However, the law reduces your compensation based on your degree of fault.

Damage Recovery and Legal Rights of Injured Drivers

If you have sustained injuries in a roadside construction accident, you have the legal right to file an insurance claim or a personal injury lawsuit. Arizona law entitles you to compensation for different types of damages, including:

• Medical expenses – compensation for emergency care, surgeries, rehabilitative care, and other future medical needs.
• Lost wages – if the injury causes you to miss work or reduces your ability to earn an income.
• Pain and suffering – for physical pain, mental anguish, and reduced quality of life.
• Property damage – compensation for repairs or replacement of your vehicle and any personal belongings damaged in the accident.

To strengthen your case, you need to take several critical steps as soon as possible. First, you need to seek medical attention, even for injuries that seem minor. Medical records are crucial when seeking compensation. Second, call 911 and ensure you get a police report.

You must also document the scene, including taking pictures of your injuries and property damage, and gather witness statements if available. Timely evidence collection can make a significant difference in the outcome of your claim.

Challenges in Road Construction Zones Injury Cases

Construction zone personal injury claims are often more complicated than typical car accident claims. Some of the factors that make these cases challenging include:

• Sovereign immunity – Government agencies often have legal protections that make it harder to sue them. For instance, they are subject to shorter statute of limitation timelines.
• Multiple defendants – dealing with several liable parties, including sorting out individual liability, can be challenging, especially without a legal strategy and thorough investigations.
• Disputed liability – Insurance companies may seek to minimize payouts by arguing you were partially or fully liable.
• Limited evidence – Conditions at a construction site can change quickly and affect evidence collection, including timely documentation.

These complexities make it essential to seek the help of a skilled and experienced roadside construction accident attorney.

How a Roadside Construction Accident Lawyer Can Help

A knowledgeable attorney will guide you through the complexities of a road construction zone case. Some of the key areas the lawyer can help you in include:

1. Accident investigation – the personal injury attorney will help you conduct thorough investigations, including gathering evidence, hiring experts, and identifying liable parties.
2. Navigating legal requirements – the attorney will help you adhere to legal requirements like the statute of limitations.
3. Dealing with insurance companies – they will negotiate with insurers and manage related communications to help protect your rights.
4. Litigation support – they will file a civil lawsuit and represent you in court, if necessary.

Having legal support ensures insurance companies don’t shortchange you, and you aren’t overwhelmed by the legal system.

Contact a Scottsdale Roadside Construction Accident Lawyer

A road construction zone accident can leave you with severe injuries requiring lengthy and costly treatment. If you’re injured due to poor safety practices or another’s negligence, you have the right to compensation. While damage recovery can be complicated, you don’t have to do it alone.

If you are in Scottsdale, AZ, and have been injured in an Arizona roadside construction accident, talk to us. Our skilled and experienced roadside construction accident lawyer at Huselid & Huselid Law will guide you through the legal complexities and get you fair compensation for your losses. Contact us today for a free consultation and to learn more about our services.