Avoid common mistakes around construction zones

Many construction projects will be going on during this time of year. If you are traveling, be sure to follow these guidelines to stay safe and learn what to do if an accident occurs.

Here are a few important strategies to help you avoid a construction accident in and any resulting personal injury:

1. Make sure to obey all traffic signs, including temporary or irregularly posted signage that indicates special driving conditions near a construction site.

2. Requiring motorists to negotiate too sharp a turn may result in severe liability against the construction company because they are regulated by the DOTD to ensure motorist safety.

3. Be aware of uneven pavement or other obstructions when traveling directly across a construction site, as there may be debris or other challenges that could result in personal injury if not negotiated successfully.

Even when construction has long since been completed, auto accidents caused by poor road conditions can still lead to claims against the “owner of the road”, based on inadequate maintenance, rather than negligent construction. In order to win a personal injury lawsuit for harm caused by road construction, an injured person must prove three elements in establishing negligence:

1. Duty to Keep a Construction Zone Safe

A construction company must comply with federal and state safety regulations, and if regulations require warning signs of upcoming construction to be placed at least a quarter mile before the construction zone, then those regulations create an obligation for the construction company to make sure the proper signage is used.

2. Breach of the Duty

Any failure by the construction company to satisfy their duty to keep a construction zone safe could amount to proof of negligence, and if that breach was responsible for personal injury of either an employee or a motorist, the company might be liable for the harm.

3. Harm Caused by the Breach

Harm can be observed and calculated with regard to personal injury due to negligence under the following categories:

1. Property Damages

2. Medical Expenses

3. Lost Wages

4. Pain & Suffering, and/or

5. Loss of Normal Life

It is critical for the injured person to be able to prove that the negligence is what actually caused their personal injury. For example, if a motorist proves that the construction company created a sharp curve on a freeway with a warning motorists to slow down to 45 miles per hour, then if the motorist is able to prove that the maximum speed a motorist could safely negotiate the curve was 35 miles per hour, the motorist has successfully proven that the construction company was negligent if the injuries are directly resulting from this act of negligence.