Who Is At Fault For A Wreck At A Construction Zone
If you have been involved in an auto accident at a construction zone, you are likely concerned about proving liability. It can be incredibly challenging to prove who is at fault for a construction zone accident which is why it’s usually best to speak with an experienced Ohio attorney.
According to the Bureau of Labor Statistics, there are approximately 150,000 construction accidents each year, and this figure includes vehicle accidents at construction sites. Unfortunately, construction zones are some of the most dangerous areas on the road, leading to many auto accidents each year in Ohio. Accidents in a construction zone can cause drivers and construction workers to incur serious injuries.
If you do not want to have to contend with a legal battle on your own while you try and recover from an injury in a construction zone, The Henry Law Firm can help you. Our firm will help you determine fault and what damages you could be entitled to. We guarantee to help you obtain the compensation you deserve from the negligent party involved in your construction zone wreck.
What Exactly Is a Construction Zone Accident?
It’s crucial to understand this type of accident before looking at who could be at fault for a construction zone accident in Ohio. Simply put, a construction zone or work zone car accident is when a car gets into an accident in an area marked off as a construction zone. A construction zone accident also happens at the approach or exit from a construction area.
Construction workers don’t need to be present or working at the time of a construction zone wreck to be categorized as a construction zone vehicle crash.
Who Are Three Parties That Can Be Liable?
Unfortunately, there is rarely a clear-cut answer to who is liable for a construction zone car accident because numerous factors need to be determined and examined.
However, the same principles in a traditional motor vehicle accident apply in an auto accident at a construction zone, meaning those who have breached a duty of care will be liable for your injuries because of their negligence.
The Construction Company
Construction companies are obligated (have a duty) to make a construction site reasonably safe, meaning that they have to ensure no dangers are present. If there are dangers, clear warnings must be posted.
If a construction company breaches its duty, you will be able to hold them accountable for your injuries and the damages you sustained caused by their negligence.
Additionally, you should note that a construction company may be liable for the negligence of its subcontractors and workers. Below we have briefly listed a few examples of construction company negligence:
- There were no warning signs or improperly placed warning signs, and this caused the construction zone accident.
- The construction zone was hazardously designed, and this forces you to make sudden and dangerous maneuvers which led to your auto accident.
- Barricades, signs, construction devices, or equipment were too closely placed to move lanes, which led to your accident.
- The directions that depicted site navigation were not fully visible, making you crash.
Like drivers can be held responsible for their negligence in causing a crash elsewhere on the roadway, drivers may be liable for causing a crash in a construction zone. If a driver operates their vehicle unsafely and causes a collision, that driver will be responsible for the injuries and damages they cause.
Construction zones are uniquely dangerous because not only are other drivers at risk, but the workers themselves may suffer serious injuries. If you are a construction worker injured in a construction zone by an unsafe driver, you will have a claim against the hazardous driver.
Below are a few additional scenarios when a driver could be held liable for your injuries and the injuries of others. These situations include if a driver:
- Strikes a construction worker who is lawfully working in the construction zone.
- Drove into a warning sign or construction equipment and caused a chain reaction that caused others to move into the same obstacles.
- Was distracted, causing them not to see warning signs, which led to your crash.
- Rear-ended another driver who slowed down correctly according to the construction zone speed limits.
A Government Entity
In rare instances, a government entity can also be held liable for construction zone accidents because they also owe motorists a duty of care (although governmental entities have the protection of “sovereign immunity” under the law). A government entity may be sued for your injuries if it can be proven that it failed to take the required precautions to prevent an accident or injuries.
Let’s look at an example. Did your accident happen on or near a dangerous construction site where a local or state government municipality failed to do their due diligence and close down a roadway? If the answer is yes, you can potentially hold the government entity liable for any damages you sustained.
However, you should note that filing a claim for compensation against a government entity is far more complex because complicated rules govern these claims. That’s why it is best to speak with our attorney at The Henry Law Firm. He can offer legal assistance and help you navigate this tricky claims process.
Speak With an Ohio Personal Injury Attorney Today
Has a car wreck at a construction zone in Ohio recently caused your injuries, and you or a loved one incurred damages? Since construction zone accidents can be complex, you should consider hiring an Ohio personal injury lawyer who has extensive knowledge and experience in this area of law.
At The Henry Law Firm, we have the necessary knowledge of construction zone law to help you build a winning case. Our firm has years of experience handling construction zone wreck cases. We care about our clients and always strive to obtain the maximum compensation permitted under the law.
Since you’re required to file a claim within a certain period, it’s best to speak with our attorney as soon as you’re able. Contact us today to discuss your case.