Workers Injured in Roadside Construction Accidents

Roadside construction zones are inherently hazardous. Workers risk their safety working on roadways that are open to fast-moving traffic and sometimes at night. Besides getting hit by non-construction vehicles, construction workers risk being struck by construction vehicles or getting caught between objects or equipment.

They can also sustain injuries from trips, slips, falls, and electrocutions. These and other hazardous conditions often lead to serious roadside construction accidents. The accidents can leave construction workers with severe injuries or dead.

If you or a loved one has been injured in a roadside construction accident in Scottsdale, Arizona, it’s critical to understand your rights and the legal options available to you. Whether you’re seeking workers’ compensation, considering a personal injury lawsuit, or simply want to know what to do next, this guide has the information you need.

Common Causes of Roadside Construction Accidents

Most roadside construction accidents are due to negligence by motorists, workers, or third parties. Some of the most common causes of road construction zone accidents include:

• Negligent or distracted drivers – some drivers disregard construction zone signage or fail to adjust to conditions like reduced speed limits and diversions. These motorists can veer off temporary paths and hit unsuspecting construction workers. According to the National Work Zone Safety Information Clearinghouse, 53.2% of all highway worker deaths in 2022 were workers on foot struck by vehicles.
• Poor signage or lack of barriers – inadequate warning signs, poorly marked diversions, and missing safety barriers create dangerous conditions for roadside construction workers, including leaving them exposed to traffic.
• Unsafe Work Practices – Construction companies expose workers to hazardous conditions when they ignore basic safety standards or fail to provide protective equipment. For instance, employers should ensure workers wear high-visibility apparel on construction sites.
• Equipment Malfunctions – Roadside construction machinery or tools can malfunction and lead to serious injuries for workers. Construction companies must ensure frequent maintenance of construction equipment and proper training of operators to help prevent related accidents.

According to the Federal Highway Administration, thousands of road construction zone accidents occur annually in the U.S. Unfortunately, most are preventable.

Types of Injuries in Roadside Construction Accidents

Construction workers can sustain different types of injuries in a roadside construction accident, including:

1. Traumatic brain injuries
2. Broken bones, fractures, and amputations
3. Spinal cord damage and paralysis
4. Severe burns and lacerations
5. Whiplash and neck injuries
6. Emotional trauma, including PTSD

While roadside construction zone injuries can range in severity, they often have long-term consequences, including lost wages, costly treatment, and sometimes permanent disability. With the injuries affecting your ability to earn a living and diminishing your quality of life, it’s essential to understand your legal recourse.

Who Is Liable in a Road Construction Accident?

Different parties can be liable for a roadside construction accident. However, determining who is at fault for your injuries often depends on the specific circumstances of the incident. Some of the parties that may be liable include:

• Negligent Drivers: If a motorist caused the accident due to recklessness or distracted driving, they may be liable for damages in a personal injury lawsuit.
• Employers: Road construction companies have a legal obligation to provide a safe working environment. If they disregard standard regulations like protective equipment for workers, proper traffic control, and adequate worker training, they may be liable for damages.
• Government Agencies or Contractors: In some cases, state or local agencies responsible for ensuring safety regulation compliance, road maintenance, or signage may be at fault for accidents.
• Product Manufacturers: If roadside construction injuries are due to defective machinery or tools, the victim can hold the manufacturer accountable through a product liability claim.

More than one party may be liable for your roadside construction zone injuries, hence the need for thorough investigations. In such cases, Arizona’s comparative fault law is applicable. Some of the damages you can recover in a road construction zone accident include medical expenses, lost wages, and pain and suffering.

Legal Options for Injured Workers

Depending on the circumstances of a roadside construction accident and who is liable, an injured worker has several legal options for damage recovery, including:

1. Workers’ Compensation: Most injured roadside construction zone workers are eligible for workers’ compensation benefits. The compensation package often covers medical expenses, a portion of lost wages, and disability benefits. However, you cannot seek compensation for pain and suffering or punitive damages. You cannot sue your employer in a personal injury lawsuit if you accept the workers’ compensation benefits.
2. Personal Injury Lawsuits: Where a third party, including a negligent driver or a product manufacturer, is responsible for your injuries, you can pursue a personal injury claim. The legal option allows you to seek compensation for medical expenses beyond those covered by workers’ compensation, full lost wages, long-term care needs, and pain and suffering.
3. Wrongful Death Claims: Where a family member dies in a roadside construction accident or due to related injuries, you can file a wrongful death claim on their behalf. This often covers funeral costs, lost future income, and loss of companionship.

Steps to Take After a Roadside Construction Accident

1. Seek immediate medical attention
2. Report the accident to your employer or site supervisor as soon as possible
3. Document your injuries and the accident scene, including taking photos
4. File a workers’ compensation claim where applicable
5. Contact an experienced construction zone accident attorney

How a Construction Accident Attorney Can Help

Damage recovery in a roadside construction accident often involves complex legal concepts like statutes of limitations and comparative fault. A lawyer will help you navigate these legal concepts for a successful personal injury claim.

The construction accident attorney will also help you conduct thorough investigations and prove negligence, including in an accident with multiple defendants. They will handle negotiations with insurance companies and represent you in court.

They will also help you choose the appropriate legal option to ensure you get the compensation you need and deserve.

Contact a Scottsdale Roadside Construction Accident Attorney

The damage recovery process in an Arizona roadside construction zone accident can be legally complex. However, a skilled and experienced Scottsdale road construction zone accident lawyer can guide you through the complexities. If you are in Scottsdale, AZ, our skilled road construction zone accident attorneys at Huselid & Huselid Law are here for you. We will help you navigate the legal process and get fair compensation for your damages. Contact us to schedule a free consultation and learn more about our services.