Highway construction projects are necessary to maintain the condition of the roadways, repair bridges that are showing signs of disrepair, and widen existing highways to improve the flow of traffic. However, while construction projects are meant to improve safety in the long run, construction zones often create hazardous driving conditions for motorists. According to the Virginia Department of Transportation (VDOT), there was a 41% increase in construction zone accidents from 2020 to 2021, resulting in 4,854 accidents, 1,861 injuries, and 28 fatalities.
If you are seriously injured in a construction zone car accident, you may be entitled to financial compensation, although determining liability can be a complex process, particularly if there are multiple parties that may be held liable for the accident. In order to recover the damages you are entitled to, it is highly recommended that you contact an experienced car accident lawyer who will determine who is responsible for causing the accident, ensure that your legal rights are protected, and pursue the maximum financial compensation you deserve for your injuries.
What Are the Most Common Causes of Construction Zone Accidents?
There are a number of factors that can increase the risk of a car accident in a construction zone, some of which involve driver negligence and others that are caused by the conditions surrounding the construction site. The following are examples of the most common causes of construction zone car accidents:
- Distracted driving: When motorists are distracted by a phone call, a text message, or anything that takes their attention away from the road for even a few seconds, there is an increased risk of a collision. If a driver is distracted when approaching a construction zone, they are less likely to be able to respond quickly to posted warning signs, changes in traffic patterns, reduced speed limits, or the presence of construction workers. When approaching a construction zone, motorists must pay close attention to the road, other vehicles in the vicinity, and signage that provides warnings about changing road conditions.
- Inadequate signage: If signage at or near a construction zone is unclear or lacking altogether, this can cause confusion, resulting in drivers making abrupt maneuvers or failing to slow down in time to prevent a collision with another motorist, equipment present at the site, or construction workers. Signage should be visible, placed in a location where motorists have plenty of time to react, and provide clear instructions about the changes in road conditions.
- Poor road conditions: Oftentimes, construction projects are done to address and repair hazards like potholes and cracks in the road. However, until these hazards are fixed, they can increase the risk of tire blowouts, skidding, and collisions, which can result in serious injuries and fatalities to motorists and construction workers.
- Speeding: This is another common, yet preventable, cause of car accidents in construction zones. If motorists fail to observe the reduced speed limit signs that are posted near construction zones, not only is there an increased risk of a car accident, but the resulting accident is likely to be more severe due to the extreme force of impact.
- Poor lighting: If there is poor visibility or limited lighting, oncoming motorists will have a difficult time seeing signage or noticing safety hazards. This is particularly dangerous during inclement weather when visibility is already an issue. When this happens, motorists may not be able to see lane changes, construction barriers, or even construction workers in the vicinity. This can have devastating, even fatal consequences.
- Improperly merged lanes: When lanes are not merged properly, this can create chaos and make driving conditions extremely dangerous. Side-swipe and rear-end crashes are common when lanes are not properly merged.
- Workers and equipment too close to the road: If construction workers are operating heavy machinery and other construction equipment in close proximity to the road, this creates a serious hazard, both for oncoming motorists and construction workers.
What Are Common Injuries in a Construction Zone Accident?
Depending on the circumstances of the accident, construction zone accidents can cause injuries ranging from minor to severe. High-speed accidents can be particularly devastating. The following are examples of injuries that are common in construction zone accidents:
- Cuts and lacerations.
- Broken bones.
- Back and neck injuries, including whiplash.
- Sprains and strains.
- Internal bleeding.
- Organ damage.
- Spinal cord injuries, including partial or total paralysis.
- Head injuries, including Traumatic Brain Injuries (TBIs).
What Steps Should I Take After a Construction Zone Accident?
If you are involved in a construction zone car accident, it is important that you take the following steps to ensure that your legal rights are protected and that the negligent party or parties are held liable for their actions:
- Move to a safe area. If you are able to do so, move your vehicle to a safe spot that is away from oncoming traffic and other hazards in the vicinity of the construction zone.
- Call 911. Notify dispatch that you were involved in a car accident at a construction site. They will send a police officer to the scene. Make sure that you tell dispatch about any injuries so that they can also send an ambulance. The responding officer will fill out a police report, which will be a valuable piece of evidence, particularly if it specifically names the at-fault party.
- Seek immediate medical attention. Even if your injuries seem minor, it is imperative that you are examined by emergency medical technicians at the scene of the accident so that they can determine the severity of your injury and determine whether you should be brought to the nearest hospital for treatment. If you fail to seek treatment from EMTs, this can have a negative impact on the outcome of a personal injury claim. The insurance company may deny your claim, arguing that your injuries must not be very serious if you did not find it necessary to seek immediate medical attention.
- Collect evidence. Take pictures of the accident scene, including the damage to your vehicle, your injuries, the hazard that caused the accident, and any other evidence that will help prove your claim.
- Get witness statements. If there were witnesses who saw the accident happen, ask if they would be willing to provide a statement and ask for their contact information.
- Notify your insurance company. While you will need to let your insurance company know that you were injured in a car accident, make sure that you do not say anything that could be interpreted as admitting fault. Your insurance agent may use that against you and try to either deny your claim or offer a lowball settlement.
- Contact a car accident lawyer. A dedicated car accident lawyer understands the legal complexities associated with construction zone claims and will work tirelessly to protect your legal rights and ensure that you recover the damages to which you are entitled.
Who Is Liable for a Car Accident in a Construction Zone?
Determining liability after a construction zone car accident is crucial to recovering the financial compensation you deserve. This can be a complicated process because there are several parties that may be liable in a construction zone car accident. Depending on the circumstances of the accident, the following parties may be responsible for causing the accident:
- Other motorists who were speeding, distracted, driving aggressively, or engaging in other negligent driving behaviors.
- Construction companies, if they fail to provide safe road conditions, properly direct traffic, or post warning signs alerting motorists of the construction zone and the changing road conditions.
- Truck company if a commercial truck was involved in the accident and the truck company failed to properly train their drivers, or enforce rules relating to Hours of Service (HOS) regulations.
- Virginia Department of Transportation (VDOT) or other government agencies if poor planning, maintenance, or signage was a factor in causing the accident.
Keep in mind that Virginia follows the strict “contributory negligence doctrine” in all personal injury cases. This is a legal doctrine that states that if you are even 1% at fault for causing the accident, you will be prohibited from recovering any damages. This can be financially devastating if you suffer serious injuries that require hospitalization, surgery, and ongoing medical treatment. A highly skilled car accident lawyer will work closely with you to collect the evidence necessary to build a persuasive case and ensure that the at-fault party is found 100% liable for your injuries.
A Virginia Beach Car Accident Lawyer at Anchor Legal ® Represents Victims of Construction Zone Car Accidents
If you or a loved one was injured in a car accident that occurred in a construction zone, do not hesitate to contact a Virginia Beach car accident lawyer at Anchor Legal. We will assist you with every step of the claims process, determine who is responsible for causing the accident, and ensure that you recover the maximum financial compensation you deserve for your injuries. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.