Besides the assemblage of heavy equipment, construction workers must also deal with external hazards, including darkness, treacherous surfaces, inaccurate signage and inattentive drivers. Most jobs become more dangerous after night falls, and construction work is no different. Reflective markers and other safety measures help to identify construction zones, but workers must also contend with drunk drivers, motorists with impaired vision and younger drivers, all of whom tend to be greater roadway hazards after dark.
Road construction sites are plagued with uneven surfaces, loose pavement and sharp detours that also pose a threat to motorists. Pliable surfaces may cause unexpected debris to enter the roadway and complicate driving conditions. Drivers may also be lead into oncoming traffic or into dangerous lane changes by signs that don’t help them navigate the construction site. When these hazards cause accidents, construction workers are often in harm’s way.
Drivers are not immune to construction site dangers. Accidents are commonly caused by drivers creating sudden stops or taking their eyes off the road to look at active construction. They also occur when drivers ignore construction zone speed limits (which are universally lower than normal speed limits). Also, as construction venues constantly change, drivers rely on their memory versus their observation and are not always aware of when they should slow down. Radio and television broadcasts help identify road construction sites, but they do not actively prevent accidents.
Who can be Held Liable for These Types of Accidents?
Obviously, operators of motor vehicles who are negligent may be found liable for injuries and damages to other people. Also, the employer, contractor, landowner or whomever is responsible for the site may also be at fault.
Many accidents are caused by noncompliance with OSHA safety standards. OSHA guidelines outline procedures to help ensure that accidents do not occur on the work site, construction or otherwise. Noncompliance may be on the part of the employee, who acted carelessly on the job resulting in an accident. In this case, the employee would be negligent and held liable for their injuries.
What Can Injured Parties Recover?
Both motorists and workers have legal rights to compensation should they be injured. Workers can initiate workers’ compensation claims to cover lost wages, medical expenses and rehabilitation costs. They may also bring third party liability claims for negligence by another party on the site (besides the employer) or because of defective equipment that may have caused the worker’s injuries.
Injured drivers and passengers can seek monetary damages based on negligence claims. These may arise from improper safety notices, unsafe road conditions that contributed to the accident or other negligent acts or omissions of the construction workers. Your damages may include recovery for medical expenses, pain and suffering, permanent injury, wage loss, loss of future earning capacity and in some cases punitive damages. If you have been injured in a road construction accident, whether as a driver or construction worker, contact an experienced personal injury attorney to discuss your options.
