Legal Rights in Highway Construction Accidents: Protecting Workers and Motorists
Construction on our roads and highways is a common sight, including throughout New York City, following the bipartisan infrastructure legislation passed a couple of years ago. Deteriorating roads and bridges are undergoing repairs as funding is allocated and distributed.
Drivers, often distracted, must navigate restricted spaces filled with traffic cones, barricades, flashing lights, and workers waving flags. Much too often, motorists drive at high speeds through these construction areas. In addition, construction workers must operate heavy equipment while traffic is going by a mere five feet away. This can lead to serious highway construction accidents with severe injuries and fatalities for drivers, workers, and pedestrians, as well as property damage.
According to the National Highway Traffic Safety Administration (NHTSA), about 100 construction workers are killed in construction zones every year. And, more than 40,000 people get injured from work zone crashes annually. Accidents are caused due to unsafe conditions and careless drivers.
What Are the Common Causes of Highway Construction Accidents?
The most common causes of construction accidents on our roads and highways are as a result of
the following:
- Distracting or unclear work zones
- Slippery substances like oil spilled on the road
- Changing traffic conditions due to lane closures and detours
- Short notice for merging
- Insufficient or complete lack of highway division, line stripping, and edge lines
- Lack of warning signs
- Low visibility
- Equipment problems
- Extra construction equipment
- Construction debris or fallen objects on the road
- Incorrect speed limit signs
The most common injury reported by highway construction workers is being hit by a moving
vehicle.
Legal Rights of Workers and Motorists Involved in Construction Accidents
The legal landscape of construction highway accidents is complicated. There can be disputes over negligence, liability, and damages. If you have been involved in a highway construction accident, whether as a worker or a motorist, you should seek legal counsel. If you are injured, you may have a legal claim for damages against various parties. An experienced and skilled construction accident attorney understands the complexities of such accidents and can assist you in getting compensation for your losses.
Depending on the circumstances, a number of individuals and entities—from the construction company to government agencies, safety inspectors, and the vehicle driver—may share some fault in the accident.
Construction companies, for example, are legally responsible for maintaining safe work zones for motorists and pedestrians. This means they must have proper signage, implement traffic control measures, and meet regulations and industry standards. Construction companies also have a duty to warn drivers of hazards, maintain equipment and vehicles, and supervise. If they fail to do so, this could result in legal liability involving a highway construction accident.
State and local government entities may also be held liable for a construction road accident in certain circumstances. Although governmental immunity provides certain protections to entities, exceptions may apply. An experienced attorney is familiar with government entity liability and can assess the accident to determine how to proceed.
Workers Injured in Road Construction Accidents
A worker injured in a road construction accident is entitled to Workers’ Compensation benefits, which will pay for medical expenses, loss of wages (up to a certain amount), rehabilitation costs, and partial or permanent disability. However, often these types of accidents come with severe injuries, if not fatal, and there is a limit to what Workers’ Comp policy will pay. Depending on the circumstances of the accident and any negligence on behalf of the parties involved, an injured worker may also have a personal injury claim against the driver or company (if the driver was on the job working).
If you’ve been injured in a highway construction accident, seek immediate medical treatment. In addition, gather as much documentation and evidence as possible. This includes your medical records, photos of the accident scene, dashcam or traffic camera footage, the police report, witness statements, and the injury report filed by your employer to the Workers’ Comp provider.
Contact an attorney immediately after the accident. The attorney will review all documentation, investigate what happened to determine negligence and liability as well as gather any missing information needed for a claim.
Potential Compensation for Injuries Occurred in Highway Construction Accidents
Potential compensation in a personal injury case includes economic losses such as medical expenses, lost wages, and property damage. There are also non-economic losses, including compensation for PTSD, depression, anxiety, disfigurement, loss of enjoyment of life, emotional distress, and more.
Call the Law Office of Nicholas E. Tzaneteas
The Law Office of Nicholas E. Tzaneteas can help injured workers and motorists in highway construction accidents. As experienced New York City, Bronx, Brooklyn, Queens, and Manhattan construction accident and personal injury attorneys, we have helped injured clients recover millions of dollars in judgments and settlements.
If you or a loved one had an accident in NYC and suffered an injury through no fault of your own, you may be eligible for substantial financial compensation for medical bills, lost wages, and pain and suffering. We will evaluate your case, determine where liability resides, deal with the insurance companies, navigate complex legal issues, and work to get fair and just compensation for you.
