Summer is the prime time for every outdoor activity in the book – swimming, hiking, visiting amusement parks, you name it! Unfortunately, it’s also the prime time for construction.
Reflective cones and striped barriers are a common occurance on I-69. Sometimes these can become more than mere annoyances during your rush hour commute.
Construction zones pose risks to travelers and workers alike. Determining fault in car crash in a construction zone can be more difficult than one involving just two drivers.
What if you’re injured because of a construction zone car accident? You may think you’re out of legal options once you cross a construction barrier. However, if the other driver was reckless or if the construction company was negligent, you could still have a personal injury case.
Were You Negligent?
Indiana is a comparative fault state. When it comes to multi-car accidents, insurance companies like to apply fault to each party involved in the car crash, even if you did nothing wrong.
When it comes to construction zone accidents, you would be negligent if you ignored or failed to notice protective signage warning of changing road conditions or an approaching construction zone.
If you bypassed barricades, disregarded traffic directors, or neglected to merge into a designated lane, any car crash you cause and the injuries from it are primarily your legal responsibility.
Fault is very subjective. A police officer will write a report based on the statements from all the involved parties and witnesses. If the parties disagree and there are no witnesses the police report may put both parties at fault.
Your percentage of fault also affects how much settlement money you will ultimately be able to get. If you are 10 percent at fault, you would only be able to receive 90 percent of the total settlement amount. And if you are more than 51 percent at fault, you might not collect any damages at all.
Was the Construction Company or the Government Negligent?
Construction companies and the governments that employ them have to take extensive precautions to make sure traffic flows safely through and around construction zones. Pileups and chain-reaction accidents can occur in a flash, especially in construction zones.
If a construction zone lacks proper warning signs or markings indicating reduced speed, lane changes, or that caution is needed, those in charge of the zone could be liable for any accident that happens there. Without warning signs, how can a driver safely maneuver through a construction zone?
In addition, if workers leave equipment unattended in a way that makes driving hazardous, accidents that stem from that would likely be the construction company or government’s responsibility.
Help from an Evansville Car Accident Lawyer
Construction is a double-edged sword: it needs to happen to keep roads easy to drive on, but can make driving from point A to point B difficult. If you or someone you know was injured in a car accident in a construction zone, Hensley Legal Group may be able to help. Call us today or contact us online for a free conversation about your claim.