(235+)Construction zones on roads and highways are a common sight across Philadelphia and the state of Pennsylvania. While these work areas are essential for maintaining and improving our transportation infrastructure, they also introduce additional hazards and challenges for drivers. Car accidents in construction zones are an all too frequent occurrence. Determining who is at fault in these types of collisions can be particularly complex.
At Gibbons & Crichton, our Philadelphia car accident attorneys have extensive experience helping injured victims pursue the compensation they deserve after a wreck in a work zone. In this blog post, we will explain the key factors involved in establishing liability for a construction zone accident.
Increased Dangers in Road Work Areas
Construction zones present several hazards that increase the risk of an accident, such as:
- Altered traffic patterns and detours that can confuse drivers
- Narrowed lanes leave less margin for error
- Construction workers and equipment near moving traffic
- Uneven pavement, loose gravel, and abrupt lane edges
- Reduced speed limits to account for atypical conditions
These factors can make getting through work zones stressful and dangerous, even for the most careful motorists. The unfamiliar and changing road conditions require drivers to stay alert and prepared to react at a moment’s notice to avoid potential hazards. However, even when using appropriate caution, accidents can still happen due to the negligence of others.
Given these dangers, drivers have a responsibility to use extra caution when traveling through work zones. However, the entities tasked with setting up and maintaining these areas also must ensure they are as safe as possible for motorists. All parties involved in creating and navigating construction zones must prioritize safety to reduce the risk of harmful collisions.
Potentially Liable Parties
Depending on the specific circumstances, several parties may be held liable for a car accident in a construction zone:
- The negligent driver. Like any car crash, if a motorist acts carelessly or recklessly in a work area and causes a collision, he or she would be responsible for the resulting injuries and damage. Examples of negligent driving behaviors in construction zones include speeding, ignoring flaggers, weaving between lanes, and not allowing enough following distance.
- The construction company. The contractors performing the road work must properly set up, mark, and maintain the construction zone. If they fail to meet safety standards and this contributes to an accident, they could be liable. Some examples of negligence by construction companies include inadequate signage, failure to properly separate work areas from active traffic lanes, and leaving hazards in the roadway.
- Government entities. In many cases, government agencies are responsible for overseeing road work and ensuring construction companies follow proper protocols. If they fail to adequately monitor work zones and make sure safety procedures are being followed, they may share some blame for resulting accidents.
- Equipment manufacturers. If a piece of construction equipment malfunctions and plays a role in causing an accident (such as a crane tipping over into traffic), the manufacturer could potentially be liable for injuries stemming from the equipment failure.
Pennsylvania Work Zone Driving Laws
Pennsylvania law (Title 75, Section 3326) imposes special requirements and penalties related to construction zones, including:
- Requiring drivers to turn on their headlights when entering posted work areas
- Requiring motorists to yield the right-of-way to authorized construction vehicles
- Doubling fines for certain traffic violations, such as speeding, committed in active work zones
- Further increasing penalties for causing serious bodily injury or death to highway workers
These laws are designed to promote safe driving practices in construction areas and protect the lives of both workers and motorists.
Drivers who violate work zone regulations not only face hefty fines but may also be found negligent in the event of an accident. All motorists must familiarize themselves with these special rules and adjust their driving behavior accordingly when traveling through construction sites.
Evidence to Prove Your Claim
Obtaining compensation after a construction zone accident generally requires proving that another party acted negligently and is liable for your injuries. Some of the key evidence your attorney may use to build your case include:
- Police accident reports documenting the crash
- Eyewitness statements from construction workers or other motorists
- Photos of the accident scene, vehicle damage, injuries, and the work zone setup
- Surveillance video footage, if available
- Construction company records regarding the work zone setup and applicable safety procedures
- Opinions from accident reconstruction experts who can shed light on how the collision occurred and who is at fault
To build a strong claim, it is important to gather as much evidence as possible in the aftermath of the accident. This may involve taking photos at the scene, getting contact information for witnesses, and seeking prompt medical attention to document your injuries. Your car accident lawyer can help you identify and preserve the proof needed to establish liability and demonstrate the extent of your damages.
Obstacles to Recovering Compensation
Establishing liability in construction zone accident cases often involves some unique challenges compared to a typical car crash claim. For example:
- Potentially needing to pursue a claim against multiple at-fault parties and their respective insurers
- Overcoming immunity defenses if a government entity is involved
- The construction company and other defendants may try to shift blame to the injured motorist
- Work zones change frequently, making it difficult to document the conditions present when the accident occurred
These hurdles can make it more difficult for accident victims to get the full compensation they deserve. The liable parties and their insurance companies may attempt to downplay the severity of your injuries or argue that you were partially at fault for the crash. They may also try to take advantage of the complicated nature of work zone accident claims to limit their financial responsibility.
Discuss Your Construction Zone Accident with a Philadelphia Lawyer
Being injured in a car accident in a construction zone can be an overwhelming experience, especially when trying to figure out who is responsible. At Gibbons & Crichton, we know the difficulties accident victims face in this situation. We are here to lift that burden and fight for the full compensation you need to move forward after a crash.
If you have been hurt in a work zone collision in Philadelphia or the surrounding areas, do not wait to get legal help. Reach out to our skilled attorneys to discuss your rights and options in a free initial consultation.
