Car Accidents in Work Zones: Who is Liable?


Work zone accidents are unfortunately extremely common across many cities. A work zone is typically an area of the roadway that is undergoing construction, maintenance or some type of repair work. Even though work zones are usually marked by signs, traffic devices, barricades and/or pavement markings etc., they substantially increase the risk of an auto accident. According to the U.S. Department of Transportation’s Federal Highway Association, in 2015, a work zone crash occurred once every 5.4 minutes. Every day, 70 work zone crashes occurred nationwide that resulted in at least one injury and each week, 12 work zone crashes occurred resulting in at least one death.
When a work zone accident occurs, it can be a challenging task to determine who should be held liable for the victim’s injuries. In these types of accidents, it would be in your best interest to contact an experienced New York car accident lawyer who will be able to help you understand your legal rights and options.

What Causes Work Zone Car Accidents?

When auto accidents occur in work zones, often workers end up suffering catastrophic or even fatal injuries. Many work zone accidents occur because of driver’s reckless actions while driving in the proximity of construction workers. Here are some of the most common causes of work zone accidents:
Excessive speed: When you approach work zones, you will probably experience stop-and-go traffic. Lanes may be reduced in work zones. Traffic might even come to a sudden stop. When drivers operate their vehicles at an excessive rate of speed, a devastating crash may occur because of a motorist’s inability to slow down or stop the vehicle in time to avoid a collision.
Impaired drivers: Drivers who are operating under the influence of alcohol and/or drugs are unable to exercise proper judgment. Their abilities are also impaired. Drunk or drugged drivers fail to slow down or stop for work zones and end up causing major accidents.
Distracted and fatigued drivers: When drivers are not paying attention to the roadway because of a distraction or because they’ve fallen asleep at the wheel, they may not be able to stop in time to avoid a work zone collision.
Reckless driving: Motorists who ignore signs, traffic directions and caution signals posted at work zones either from being distracted or just not paying attention may cause such accidents.

Who Can Be Held Liable?

In many of these situations, construction zone accidents are caused by driver error or negligence. In such cases a driver might be held liable for the injuries, damages and losses caused. Examples of scenarios in which a driver might be held liable include where he or she collides with construction equipment; rear-ends another vehicle that is stopped or has slowed down due to construction activity; or causes a work zone crash as a result of being distracted by a cell phone.
There are also cases where construction companies may be held liable for a work zone accident. This might occur when a construction company is negligent in setting up a work zone site by failing to provide proper signage, or when the construction equipment being used by the company causes the accident.

Injured in a Work Zone Car Accident?

Injured victims of work zone accidents can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can seek compensation by filing what is known as a wrongful death lawsuit. If you are a worker who has been injured, you may be able to seek workers’ compensation benefits from your employer and seek third party compensation from the at-fault motorist.
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. For over 49 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses.
Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com