At any given moment throughout the Phoenix area, there are hundreds of street projects ongoing. Many of these result in major traffic flow changes or even road closures. Unfortunately, accidents near construction zones are not uncommon in and around this area of Arizona. Sometimes, these incidents occur due to the negligent actions of a construction company or municipal employee/agency. The remainder of 2024 is predicted to be a fairly busy road construction year, particularly for freeway projects in and around Phoenix.
Liability After a Construction Zone Accident
Determining liability in construction zone accidents can be complicated due to the various parties involved. Several factors come into play when assessing who is at fault:
- Construction companies. If the accident occurred due to poorly marked construction zones, inadequate signage, or debris left on the road, the construction company could be held liable. Construction companies (and some contractors) are responsible for maintaining a safe environment for drivers passing through the work zone.
- Municipal agencies. Sometimes, government entities overseeing the construction project may be liable. This could include failing to provide proper warnings, not ensuring that traffic control measures are in place, or allowing unsafe road conditions to persist.
- Drivers. Other drivers’ negligence can also contribute to construction zone accidents. Speeding, distracted driving, or ignoring construction signs can cause accidents. In these situations, the negligent driver may be held responsible for the incident.
- Equipment operators. Operators of construction equipment must exercise caution and follow safety protocols. If their negligence leads to an accident, they and their employers could be held liable.
Can You Recover Compensation After These Incidents
Victims of construction zone accidents can seek various types of compensation for their losses. Here are the main categories:
- Medical expenses. Compensation can cover the cost of emergency room visits, surgeries, hospital stays, medications, and rehabilitation services needed due to injuries from the accident.
- Lost wages. If the injuries prevent the victim from performing job duties, they could claim compensation for lost wages during the recovery period. This can also include compensation for future lost earning potential if the victim suffers long-term or permanent disability.
- Property damage. Victims can receive compensation for the repair or replacement of their vehicle.
- Pain and suffering. This type of compensation addresses the physical pain and emotional distress caused by the accident. It is often calculated based on the severity of the injuries and the impact on the victim’s daily life.
- Loss of consortium. If the accident affects the victim’s relationship with their spouse or family, compensation for loss of companionship and support may be available.
- Punitive damages. In cases where the at-fault party’s actions were particularly reckless or egregious, punitive damages may be awarded to punish them and deter similar behavior in the future.
Special Construction Accident Challenges to Consider
Construction zone accidents present unique challenges that can complicate the process of seeking compensation. Here are some of the main issues:
- Changing road conditions. Construction zones often have constantly changing traffic patterns, which can make it difficult to determine the exact circumstances of an accident.
- Multiple parties involved. With various entities such as construction companies, municipal agencies, and subcontractors involved, identifying the responsible party can be complex.
- Evidence preservation. Gathering evidence in construction zone accidents can be tricky, as the scene may change rapidly due to ongoing work. Prompt action is required to document conditions, signage, and any contributing factors.
- Safety regulations compliance. Construction zones must adhere to specific safety regulations. Determining whether these regulations were followed can be crucial in establishing liability.
- Insurance issues. Insurance companies may dispute claims, especially when multiple parties are involved. Skilled negotiation and legal expertise are often necessary to achieve a fair settlement.
Despite these challenges, victims should not be discouraged from seeking the compensation they deserve. A skilled car crash attorney in Phoenix, Arizona is your best option for recovering the compensation you are entitled to. An attorney can walk you through this process and take care of each aspect of the claim on your behalf.