Understanding Compensation for Roadside Construction Injuries

Road construction zones are common across Arizona’s highways and urban areas. While they are critical for improving transport infrastructure, they often create hazardous conditions for drivers, pedestrians, and construction workers. Whether it’s due to poorly marked diversions, narrowed lanes, or faulty equipment placement, accidents in these areas can lead to severe injuries, deaths, or costly property damage.

If you or a loved one has sustained injuries in a roadside construction accident, it is essential to understand your rights and the legal options available to recover compensation.

Common Causes of Roadside Construction Injuries

Roadside construction zone injuries are often due to a combination of factors, including negligence, poor planning, and inadequate safety measures. Common causes include:

1. Poor signage or inadequate warnings – without clear signage, drivers may not be aware of lane closures, detours, or speed limit reductions. Sudden lane changes without proper barriers or directional indicators can lead to collisions.
2. Debris or equipment on roadways – debris, construction tools, cones, or machinery left too close to active traffic are a major hazard.

• Reckless or distracted drivers – speeding, texting while driving, or failing to obey warning signs increase the risk of accidents in construction zones.

1. Negligent supervision or safety violations – contractors or employers who ignore OSHA or Arizona Department of Transportation (ADOT) standards create hazardous conditions. Government entities tasked with ensuring safety compliance may also be liable for resulting accidents.

These dangerous conditions often lead to serious injuries, including broken bones, traumatic brain injuries, spinal injuries, or even death.

Who May Be Liable in a Roadside Construction Injury Claim?

Determining liability in a roadside construction accident can be complex, especially since more than one party can be responsible for the same accident. Depending on the circumstances, the following individuals or entities may be legally liable:

• Negligent drivers – a motorist may be held liable for injuries and damages due to their reckless behavior, including speeding, driving under the influence, or disregarding construction zone directives.
• Construction companies or contractors – Arizona laws expect these entities to follow strict safety protocols. They may be liable for accidents due to their failure to post warnings, manage diversions properly, or train workers adequately.
• Government entities –A city, county, or state agency responsible for overseeing a construction project may be liable if poor planning or oversight leads to an accident.
• Subcontractors – third-party contractors working on specific tasks like traffic management or signage installation may be liable for accidents due to related negligence.
• Equipment manufacturers – Where a malfunctioning or defective machinery causes a construction zone accident, the manufacturer may be liable.

Determining who is legally responsible for your injuries and their degree of liability requires thorough investigations. It is therefore advisable to seek the help of an experienced Arizona roadside construction accident lawyer.

Steps to Take After a Roadside Construction Injury

1. i) Seek immediate medical attention even for minor injuries.
2. ii) Call the police and do not leave the accident scene until they arrive, unless it is for medical reasons. Record your statement and get the police report.

• iii) Document the scene, including taking photos of signage (or lack of it), construction zone layout, road conditions, and your injuries if visible.

1. iv) Collect witness information and record statements if possible.
2. v) Contact a skilled Arizona construction zone accident lawyer. Avoid giving statements or negotiating with insurance adjusters without an attorney.

Damage Recovery in a Roadside Construction Accident

The damage recovery process involves filing an insurance claim with the insurer of the at-fault party. Depending on the circumstances of the accident, you may also need to file a claim with your insurer. While claims against another motorist are often straightforward, claims against the construction company or a government agency can be complicated.

For instance, the law requires you to meet strict filing deadlines and procedures in a claim against a government entity. However, a skilled construction zone accident attorney can guide you through the process and help you get compensation.

Some of the damages you can recover in a roadside construction injury claim include current and future medical expenses, lost income, and pain and suffering. You can also recover compensation for permanent disability or disfigurement. The family of a deceased victim can also recover wrongful death benefits.

Common Challenges in Roadside Construction Injury Claims

1. Government immunity – In Arizona, filing a claim against a government entity involves meeting strict deadlines and procedures, including compliance with the Notice of Claim process.
2. Multiple liable parties – determining who is responsible may involve several parties, including contractors, government agencies, and drivers.
3. Lack of evidence – With construction zones changing rapidly, sometimes it is hard to gather relevant evidence. For instance, failure to gather photos or witness testimony as soon as possible can weaken your case.
4. Insurance resistance – Insurance companies often attempt to downplay injuries or shift blame onto the victim to reduce payouts.

Considering these factors, it is critical to seek the help of a skilled Arizona personal injury attorney when handling construction accident claims.

How an Arizona Personal Injury Attorney Can Help

An experienced roadside construction injury lawyer can help you investigate the accident thoroughly, including reviewing video footage, obtaining police reports, and consulting with accident reconstruction experts.

The personal injury attorney can also help you identify and pursue all liable parties and maximize your chances of full compensation. They will also help file claims against government agencies, ensuring compliance with Arizona legal timelines and procedures.

A skilled roadside construction accident attorney will handle insurance negotiations and help protect you from unfair settlement offers. The lawyer will also represent you in court, if necessary.

Contact a Scottsdale Roadside Construction Accident Lawyer

Roadside construction zones pose real and often underestimated dangers to motorists, pedestrians, and construction workers. While Arizona law entitles victims to compensation for injuries due to another’s negligence, damage recovery in construction zone accidents can be complex. However, a skilled road construction accident attorney can guide you through the complexities and protect your rights.

If you are in Scottsdale, AZ, contact our knowledgeable and experienced roadside construction accident attorney at Huselid & Huselid Law. We will help you navigate the damage recovery process and get you the compensation you need and deserve. Contact us today for a free consultation and to start your journey to recovery.