Posted on January 16, 2019 in General
The average drive through South Florida will involve passing through at least one road construction zone. Fort Lauderdale always has active construction projects attempting to improve, repair, or maintain the city’s roadways. The Transportation Division may have drivers’ best interests in mind, but road construction projects do not always bode well for those on the road. Road construction negligence can put drivers in serious danger of car accidents.
Who Is Liable After a Road Construction Accident?
In 2015, almost 100,000 car accidents occurred in roadway work zones in the U.S. This was a 7.8% increase from the previous year. Work zone crashes took 669 lives and injured thousands of others. Over 85% of these deaths were passenger vehicle drivers and passengers. Work zone crashes are a significant problem in the U.S. due to negligence. Construction company, worker, property manager, and city negligence can lead to many serious safety hazards.
- Defective roadways, guardrails, or medians
- Poorly designed roads and pedestrian crossings
- Dangerous construction tools and equipment in the road
- Inadequate construction zone warning signs
- Hidden, concealed, or obstructed signs
- Confusing or difficult roadway detours
It is typically up to the leader of the construction project to ensure the safety and efficiency of the work zone. This could be multiple parties, including the municipality overseeing the project, the work site manager or supervisor, the road construction company, a construction worker, a product manufacturer, or a property owner. Many road construction negligence lawsuits involve multiple defendants. This could increase the plaintiff’s odds of securing compensation.
Do You Have Grounds for a Claim?
If you suffered a personal injury because of an accident while driving through a road construction zone in Fort Lauderdale, you may be eligible for financial compensation. The construction company, the government, or another party could be legally responsible for causing your physical and emotional damages. You could hold someone else liable under certain circumstances. Speak to a local personal injury lawyer who can help you with your case.
- The defendant was responsible for your care. Parties involved in Fort Lauderdale construction projects owe many duties of care to drivers and the community. These duties include actions a prudent party would take to reasonably keep drivers, pedestrians, and construction workers safe.
- The defendant breached a duty of care. A breach of any duty of care the defendant owed you could be negligence if your injuries would not have happened but for the breach. Breaches can include negligently failing to maintain construction equipment or obey work zone safety regulations.
- The defendant’s breach of care caused your injuries. The injuries and damages for which you have filed the claim must have stemmed from the defendant’s act of negligence. If something or someone else caused your injuries, the defendant may not be liable.
- The breach of duty caused you real damages. A real damage is one the court recognizes as compensable. The courts provide an opportunity of restitution for damages such as physical injuries, past and future medical expenses, lost wages, lost quality of life, and property damage.
A road construction accident could cause serious and fatal personal injuries. Victims and their families may face thousands of dollars in medical bills, lost income, and property damages. Filing a claim based on road construction negligence could result in compensation for all these losses and more. Victims could obtain settlements or jury verdicts that pay for all existing and future crash-related expenses.
Insurance Claim vs. Personal Injury Lawsuit
Be careful filing an insurance claim with a construction company or other defendant. Insurance companies often try to take advantage of clients – especially those without attorneys. Hire a lawyer to negotiate an insurance claim on your behalf after a road construction accident. A lawyer can fight to prove a negligent party’s accountability, as well as secure maximum compensation for your damages.