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Attorney Murry J. Parrish

Attorney Pepper DeVaughn

I was Hurt in a Road Construction Accident, What Now?

In any car accident, there is someone or something at fault for causing the accident to happen. Road construction mistakes can be particularly dangerous for drivers, and can lead to nasty lawsuits for construction companies, depending on the extent of damages and injuries caused. Let’s look at the common causes of road construction accidents and what happens when you need to go to court afterwards.

Road Construction Mistakes

There are many possible mistakes in road construction that can lead to accidents. Let’s discuss a few:

  • Improper signage: drivers need to be very aware of road construction ahead, meaning there should be ample warning signs as stipulated by both federal and state regulations. If construction companies fail to or insufficiently warn motorists of construction ahead, it could very likely be the cause for an accident.
  • Dangerous pavement conditions: since active construction often requires pavement to be uneven, they also make road conditions inherently more dangerous. There should be appropriate signs for hazardous uneven pavement, or else the construction company could be held liable for any accidents the dangerous conditions may cause.
  • Too-sharp turns: Accidents are more likely to happen if drivers are required to suddenly make a sharp turn. Construction companies or municipalities responsible for the turn may be held liable should the turn cause a car accident.

Post-Construction Conditions

After the work has been completed, claims can still be made against the roads “owner” if they were caused by the road conditions. These are often the result of insufficient road maintenance, as construction would have cleared out.

Road Construction Accidents That Result In Injury

Both road construction workers and drivers may be able to sue the construction company responsible for injuries caused by road construction. There are three elements an injured party must prove to establish negligence and win a personal injury lawsuit against a construction company:

  1. The construction company’s duty to maintain a safe construction zone. This could be determined by their compliance with state and federal safety regulations.
  2. The construction company’s failure to fulfill its duty to keep a construction zone safe.
  3. Any injury or damages caused by the breach of duty. These could include damage to property, lost wages, medical bills, pain and suffering, and the injured party’s loss of normal life.

In order to collect damages, you as the injured person must be able to prove that the harm you endured was actually caused by the negligence and not another factor.

For example, if you heeded the warning of a maximum speed sign around a sharp turn but were still injured as a result of going the stipulated speed, that would account for negligence on the construction company’s part. But if they can prove you were actually driving over the warning sign’s limit, you would be held responsible.

Negotiating road construction accident claims can be tricky. If you’ve been involved in a car accident near Oklahoma City and are in need of legal representation, give us a call at Parrish DeVaughn Law Firm today.

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