Can a Road Worker Hit by Car in Construction Zone File a Lawsuit?

Our Michigan road worker lawyers represent people injured in construction zones.  This article explains how injured road workers can pursue legal action, including whether a road worker hit by a car in a construction zone can file a lawsuit, outlines the steps to filing a claim, and details the types of compensation they might be entitled to for their injuries.

• Understanding Liability in Construction Zone Accidents
• Filing a Personal Injury Claim as a Road Worker
• Workers’ Compensation vs. Personal Injury Lawsuit
• Filing a Wrongful Death Lawsuit for a Road Worker
• Legal Assistance for Injured Road Workers

Key Takeaways

• Liability in construction zone accidents involves multiple parties and can be complicated, often requiring careful investigation of contributing factors like motorist negligence and hazardous conditions.
• Injured road workers can file personal injury claims against negligent third parties, separate from workers’ compensation claims, which may cover additional damages not included in workers’ compensation.
• Consulting an experienced attorney is crucial for navigating the complexities of construction zone accident claims, and many firms offer free initial consultations to assess potential cases.

About The Buckfire Law Firm

The Buckfire Law Firm is an award-winning Michigan personal injury law firm founded in 1969.  Our team of dedicated attorneys have been named as the best injury lawyers by the leading legal organizations, including:

• Super Lawyers
• U.S News & World Report Best Law Firm
• Best Lawyers in America
• National Top 100 Trial Lawyers
• Lawyers of Distinction
• America’s Top 100 Accident Lawyers

Call us now to put our more than 60 years of experience for you.  We win among the top personal injury and accident settlements in Michigan every year.  We will do the same for you.

Understanding Liability in Construction Zone Accidents

Liability in construction zone accidents can be a tangled web, often involving multiple parties such as contractors, subcontractors, and motorists. Construction zones are fraught with risks due to heavy machinery, hazardous conditions, and sometimes aggressive driving, leading to frequent and severe construction zone car accidents. Adding to these dangers are construction vehicles and equipment that can obstruct the road, creating additional hazards for both workers and drivers. Determining liability is further complicated by the involvement of multiple parties and the specific regulations governing these zones.

Road worker accidents in construction zones can lead to severe injuries and often death. The stakes are high, and with insurance companies often denying liability, understanding who is at fault becomes crucial. Factors such as unsafe driving, failure to follow warning signs, and hazardous conditions can all play a role in who is held responsible. Drivers are expected to exercise greater care in these zones, but not all do, leading to tragic outcomes.

The tragic reality is that road construction workers face serious injuries or even death when struck by vehicles in these zones. For instance, in Michigan, construction workers injured in a work zone increase every year. And the number of construction worker deaths goes up yearly, most likely due to the large number of projects statewide and the increase in driver inattention, due to cell phone use and other distractions.

Motorist Negligence in Construction Zones

Distracted driving, such as texting, is a significant factor in construction zone car accidents. Motorists often fail to recognize traffic changes or ignore warning signs, leading to collisions. In fact, one-third of car accidents in construction zones are due to distracted driving. Actions like speeding or disobeying signs not only endanger themselves but also the lives of construction workers. These behaviors clearly indicate a driver’s negligence.

Motorists are primarily responsible for most construction zone car accidents. When injured in a construction zone accident caused by a negligent driver, the injured party can hold the driver responsible for damages. Recognizing motorist negligence is vital for road workers pursuing justice and compensation for their injuries.

Filing a Personal Injury Claim as a Road Worker

After a traffic accident in a construction zone, the first step for an injured road worker is to seek immediate medical attention and consult a qualified construction injury attorney. This is crucial because injured workers are entitled to full compensation for medical expenses, lost wages, and pain and suffering due to someone else’s negligence. A personal injury claim helps ensure the injured party receives deserved compensation.

Injured road workers can file a personal injury claim against negligent third parties separate from workers’ compensation claims. This is particularly important when the negligence of a third party, such as a motorist, causes the injury. However, the claims process can be challenging, with potential denial of liability by employers or blame from insurers. A construction accident attorney can navigate these complexities and protect the injured worker’s rights.

The types of compensation available in a construction zone accident can include lost wages, pain and suffering, and more. Injured workers must take preliminary steps before proceeding with a lawsuit, especially when government negligence is involved. Taking the right steps early on can significantly impact the success of a personal injury claim.

Required Evidence To Win Your Case

To support a personal injury claim, gathering the right evidence is essential. Our road worker injury lawyers work tirelessly to get the crucial evidence including:

• Police reports
• Eyewitness statements
• 911 calls
• Driver statements
• Photos
• Videos
• Medical bills
• Vehicle damage reports

Photographic evidence of the scene, including road conditions and signage, can also play a critical role in supporting a personal injury claim.

Comprehensive evidence strengthens the case and proves the extent of damage and negligence. The more detailed and thorough the evidence, the better the chances of a successful claim.

Statute of Limitations

The statute of limitations defines the time frame within which a personal injury lawsuit must be filed. In Michigan, the statute of limitations for personal injury claims related to construction zone accidents is typically three years from the date of the incident. Failure to comply with notification deadlines for claims can result in the dismissal of a case.

All claims must be filed within specified time limits to avoid losing the right to seek compensation. If a notice of claim against the government is not timely filed, the case is likely over. Consulting with an experienced road worker injury attorney can help navigate these deadlines and ensure that all necessary steps are taken promptly.

Road Worker Work Zone Crash Statistics

The line chart below shows the number of deaths in construction zone crashes in the United States from 2000 to 2022. Since the lowest amount of construction zone deaths in 2010, deaths have increased by 52% overall, with a slight decrease in 2022.

Most construction zone accidents are caused by distracted or inattentive drivers, according to the Michigan Department of Transportation. The bar graph below shows the number of crashes, injuries, and fatalities in construction zone accidents in Michigan in 2023. The highest amount of construction zone crashes take place when lanes are closed.

Workers’ Compensation vs. Personal Injury Lawsuit

Workers’ compensation and personal injury lawsuits serve different purposes in addressing injuries sustained by construction workers in construction zone car accidents. Workers’ compensation provides benefits for work-related injuries, covering medical expenses and lost wages, while personal injury lawsuits address injuries caused by third parties. Injured construction workers can file both a workers’ compensation claim and a personal injury lawsuit if a third party is negligent.

Establishing negligence in construction zone incidents involves demonstrating duty of care, breach of that duty, causation, and resulting damages. Multiple parties, including drivers, construction companies, and governmental entities, can be involved in liability.

Knowing when to pursue a workers’ compensation claim versus a personal injury lawsuit maximizes compensation. Our attorneys will pursue all possible claims so that you and your family get every penny of compensation available under the law.

Benefits of Workers’ Compensation

Workers’ compensation covers medical expenses, lost wages, and provides disability benefits for injured employees. Injured Michigan workers can receive wage replacement benefits that cover a portion of their lost earnings due to workplace injuries. In Michigan, workers can recover lost wages, medical expenses, and occupational training if injured in a work zone.

These benefits help injured workers recover without the added stress of financial burdens. Workers’ compensation aims to provide immediate relief and support for those injured on the job.

Pursuing Additional Damages

In cases of negligence, injured workers may pursue additional compensation through a personal injury lawsuit. Personal injury lawsuits allow victims to seek compensation for emotional distress and loss of enjoyment of life, which are not available through workers’ compensation. It is advisable to talk to an experienced attorney before accepting a settlement offer from an insurance company after a construction zone accident.

If the accident is caused by another motor vehicle, victims and their family members can receive benefits including medical bills, lost wages, attendant care services, and household service payments. Pursuing additional damages can provide a more comprehensive compensation package for those affected by construction zone accidents.

Filing a Wrongful Death Lawsuit for a Road Worker Accident

If a road worker is fatally injured in a construction zone accident, surviving family members may pursue compensation through a wrongful death lawsuit. The wrongful death statute provides compensation for pain and suffering of the victim prior to death and loss of companionship by surviving family members. This legal action aims to recover financial losses caused by the death, including loss of future income and monetary support.

A wrongful death lawsuit is crucial for families seeking justice and compensation for their tragic loss. It ensures that the responsible parties are held accountable and provides some measure of financial relief to the grieving family after a road accident worker death.

Proving Negligence in Construction Zone Accidents

Proving negligence in construction zone accidents involves investigating the incident’s cause and identifying contributing actions. This involves demonstrating that a responsible party’s actions fell short of what a reasonable person would do under similar conditions. Hiring accident reconstruction experts and construction zone expert witnesses can be crucial in this process.

Downloading vehicle data recorders, obtaining police body cam and dash cam videos, and locating eyewitnesses are essential steps in gathering evidence. These efforts help create a clear picture of the events leading to the accident and support claims of negligence.

Gathering Witness Statements

Witness statements offer valuable insights into the events leading up to a construction zone accident. It is important to gather witness accounts promptly, as memories can fade and critical details may be lost over time. Collecting statements from witnesses shortly after the accident ensures that their recollection of details is more accurate.

Statements from flaggers or other construction workers present during the accident can serve as valuable eyewitness testimony. These testimonies are vital in construction zone accidents as they provide firsthand accounts that can clarify the events leading to the incident and help protect construction workers.

Accident Reconstruction

Accident reconstruction experts play a crucial role in determining the sequence of events leading to a crash in construction zones. These experts are trained to analyze evidence and deliver expert testimony to clarify the circumstances of the accident. Common methods used in accident reconstruction include simulations, calculations of speed and impact, and examining roadway conditions.

Reconstruction professionals may also utilize video footage and witness testimonies to provide a comprehensive view of the events. Gathering evidence from the scene, such as skid marks and vehicle damage, is essential for reconstructing the accident accurately.

Legal Assistance for Injured Road Workers

An experienced attorney is vital for successfully navigating the complexities of construction zone accident claims. An attorney at The Buckfire Law Firm will investigate your case, hire necessary experts, determine liable parties, and file a damage claim on your behalf. Injured road workers should contact a qualified Michigan highway work zone accident attorney for necessary legal help.

Do not let an insurance company minimize the impact of your accident; seek legal help from a car accident attorney to ensure your rights are protected. Legal assistance can make a significant difference in the outcome of your claim and the compensation you receive.

Finding the Right Attorney

When searching for a construction accident lawyer, look for those with proven success in similar cases. Contacting a reputable law firm, such as Buckfire Law Firm, will set up a consultation with an experienced attorney. Our legal team has the resources to handle your case effectively.

Choosing the right attorney ensures you receive the compensation and justice you deserve. An experienced attorney will be able to navigate the legal complexities and fight for your rights.

Free Consultation and No Fee Unless You Win

Buckfire Law offers free initial consultations to discuss your case without any financial obligation. A construction zone accident can greatly impact your life, causing not only physical injuries but also financial and emotional stress. Taking advantage of a free consultation allows road workers to understand their legal options and the potential for financial compensation without any financial risk. A construction company can also provide insights into safety regulations that may be relevant to your case on a construction site.

When you choose us as your injured road worker lawyers, you will not be charged any legal fees unless you win a settlement.  If your case is unsuccessful for any reason, you owe us nothing.  We put that in writing for you!

Contact Our Michigan Road Worker Lawyers Now

Navigating the aftermath of a construction zone accident can be overwhelming, but understanding your legal rights and options can make the process more manageable.

From recognizing the complexities of liability and the importance of gathering evidence to distinguishing between workers’ compensation and personal injury claims, each step is crucial for securing the compensation you deserve. Road workers must take proactive measures, such as consulting with a qualified attorney and filing claims within the statute of limitations, to protect their rights.

If you are a road worker or family of a road worker injured in a construction zone accident, know that you have legal avenues to explore. Seek immediate medical attention, gather necessary evidence, and consult with an experienced attorney to navigate the complexities of your case.

By doing so, you can ensure that justice is served and that you receive the compensation needed for your recovery. Remember, the right lawyer can make all the difference in achieving a favorable outcome in your case.