$15.8 Million Awarded to Woman Injured in Construction Zone Accident

$15.8 Million Awarded to Woman Injured in Construction Zone Accident: Understanding Your Rights

Construction zones are a necessary part of infrastructure development and maintenance. However, they also present significant risks to drivers, pedestrians, and construction workers alike. Accidents in these zones can lead to severe injuries and even fatalities. Recently, a woman was awarded $15.8 million after being injured in a construction zone accident, highlighting the potential for substantial compensation in such cases. This blog post will explore the factors that contribute to construction zone accidents, the types of injuries that can occur, and the legal options available to victims.

The Dangers of Construction Zones

Construction zones alter normal traffic patterns and introduce new hazards that can increase the risk of accidents. According to the Occupational Safety and Health Administration (OSHA), the leading causes of construction fatalities are falls, struck-by incidents, caught-between incidents, and electrocutions. In 2021, OSHA issued more than 5,400 violations for falls, totaling a combined $28.8 million in penalties, with the most common violation being the failure to provide workers with adequate fall protection. For motorists and pedestrians, common causes of construction zone accidents include:

Driver Negligence: Speeding, distracted driving, and failure to obey posted signs are leading causes of crashes in construction zones. Many drivers fail to reduce their speed despite clear warnings.
Poor Signage or Inadequate Warnings: Construction companies have a duty of care to motorists and pedestrians to provide clear signs, cones, and barriers to guide them safely through the work zone. Missing or confusing signage can significantly increase the risk of accidents.
Dangerous Road Conditions: Uneven pavement, loose gravel, or improperly marked lane shifts can cause drivers to lose control of their vehicles.
Construction Equipment or Worker Negligence: Trucks, cranes, or other heavy equipment may block lanes without proper notice, or workers may fail to direct traffic safely.

Common Injuries in Construction Zone Accidents

Construction zone accidents can result in a wide range of injuries, from minor cuts and bruises to severe and life-threatening conditions. Some of the most common injuries include:

Traumatic Brain Injuries (TBIs): Head injuries can occur from falls, falling objects, or collisions with heavy equipment. TBIs can range from mild concussions to severe injuries with long-term cognitive and physical effects. Settlements for catastrophic brain injuries can range from $500,000 to over $10,000,000, depending on the severity and required lifetime care.
Spinal Cord Injuries: Damage to the spinal cord can result in paralysis or other permanent disabilities. These injuries often require extensive medical treatment and rehabilitation.
Broken Bones and Fractures: Falls and struck-by incidents can cause fractures in the arms, legs, ribs, and other bones.
Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons are common in construction accidents. Back and neck injuries, including herniated discs, can result in settlements ranging from $150,000 to $800,000 or more.
Burns: Electrical accidents, fires, and explosions can cause severe burns, leading to disfigurement, scarring, and long-term medical complications.
Lacerations and Puncture Wounds: Contact with sharp objects, tools, or machinery can result in cuts, lacerations, and puncture wounds, posing risks of infection and other complications.
Overexertion Injuries: Repetitive motions, lifting heavy objects, or working in awkward positions for extended periods can lead to muscle strains, joint injuries, and chronic back pain.
Eye Injuries: Debris, dust, and flying objects can cause scratches, cuts, or penetration wounds to the eyes, potentially leading to temporary or permanent vision loss.
Hearing Loss: Loud noises from machinery and equipment can cause hearing loss or other ear injuries, which may require long-term medical care and rehabilitation.

Determining Liability in Construction Zone Accidents

Determining who is liable for a construction zone accident can be complex, as multiple parties may share responsibility. Potential liable parties include:

Negligent Drivers: Motorists who speed, drive distracted, or ignore construction zone warnings are often primarily responsible for causing accidents.
Construction Companies: Contractors who fail to implement proper safety measures, such as providing adequate warnings, clearly posted signs, or proper training of their construction crews, may be held liable.
Subcontractors: Specialized crews responsible for specific aspects of roadwork can be liable if they create hazardous conditions through improper procedures.
Municipalities: If the state, county, or town responsible for maintaining the roadway should have closed down the road or redirected traffic and failed to do so, they may be responsible for a victim’s injuries.
Equipment Manufacturers: If defective tools or machinery contributed to the accident, the manufacturer may be held accountable.

To establish liability, it is essential to prove negligence. In legal terms, negligence refers to the failure to exercise the level of care that a reasonable person would in a similar situation. To prove negligence in a construction accident case, several elements must be established:

Duty of Care: The defendant (e.g., contractor, property owner, or driver) had a legal obligation to keep the site safe.
Breach of Duty: The defendant failed to meet this obligation by acting carelessly or violating safety rules.
Causation: The defendant’s failure directly caused the accident and the victim’s injuries.
Damages: The victim suffered damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

Legal Options for Victims of Construction Zone Accidents

If you have been injured in a construction zone accident, you have several legal options available to you:

Workers’ Compensation: If you are a construction worker injured on the job, you may be eligible for workers’ compensation benefits. Workers’ compensation provides coverage for medical expenses and lost wages, regardless of fault. However, it does not cover non-economic damages such as pain and suffering or loss of quality of life.
Personal Injury Lawsuit: You may be able to file a personal injury lawsuit against any negligent third parties, such as the construction company, a subcontractor, or a driver. A personal injury lawsuit can provide compensation for medical expenses, lost wages, pain and suffering, and other damages.
Wrongful Death Lawsuit: If a loved one has died as a result of a construction zone accident, you may be able to file a wrongful death lawsuit. A wrongful death lawsuit can provide compensation for funeral expenses, loss of financial support, loss of companionship, and emotional distress.

Steps to Take After a Construction Zone Accident

If you are involved in a construction zone accident, it is essential to take the following steps to protect your rights:

Seek Medical Attention: Your health is the top priority. Seek immediate medical attention for your injuries.
Report the Accident: Call the police and ensure an official accident report is filed.
Document the Scene: Take photos of the construction area, signage (or lack thereof), vehicles involved, and any visible hazards.
Gather Witness Statements: If other drivers or workers saw what happened, their accounts may help establish liability.
Consult an Attorney: Construction zone accidents often involve multiple parties and complex insurance issues. An experienced personal injury lawyer can identify responsible parties and pursue compensation.

The Importance of Legal Representation

Navigating the legal complexities of a construction zone accident can be daunting, especially while dealing with physical injuries and emotional trauma. An experienced construction accident attorney can:

Assess the circumstances of the accident and investigate liability.
Gather evidence to support your claim, including accident reports, witness statements, and expert testimony.
Negotiate with insurance companies to reach a fair settlement.
File a lawsuit and represent you in court if necessary.
Ensure that you receive the full compensation you deserve for your injuries and losses.

Conclusion

Construction zone accidents can have devastating consequences, leading to severe injuries, financial hardship, and emotional distress. The $15.8 million award to a woman injured in a construction zone accident underscores the potential for significant compensation in such cases. If you have been injured in a construction zone accident, it is crucial to understand your rights and seek legal representation from an experienced attorney. By taking the necessary steps to protect your interests, you can pursue the compensation you deserve and begin the journey toward recovery.