Road construction is an inevitable part of living in New York, but it can unfortunately make already dangerous traffic conditions that much worse. If you were injured in a road work zone accident, you may have incurred significant losses like medical bills, lost income, and pain and suffering. What are your legal rights following a road construction crash?
At Dell & Dean PLLC, we understand the stress and uncertainty you are likely experiencing during this difficult time. Our personal injury firm is here to fight for the compensation you need to recover from your injuries and move forward.
Why Do Drivers Get Hurt in Work Zones?
Driving anywhere in Long Island is challenging, but the risk of a major accident increases dramatically in a road work zone. Some of the most common causes of these accidents include:
- Work and damage done to road surfaces: The work that was done to the road surface could affect its suitability for traffic, especially if the work was poorly done. Likewise, if the construction crew damages the road (for instance by leaving potholes) this could prove dangerous.
- Vehicles moving in and out of work zones: Large trucks, steamrollers, and other vehicles constantly moving in and out of work zones may put nearby motorists at risk. Construction crews should take steps to direct traffic in the area, but this does not always happen.
- Altered traffic patterns: Lane closures and other work often require construction crews to reroute traffic or narrow lanes. However, poor planning and mismanagement of these altered traffic patterns can cause serious crashes.
- Improper signage and obscured lane marks: Construction crews in Long Island use signs to direct traffic around work zones, but they could be insufficient to properly reroute traffic. Also, the work could obscure lane markings and thereby cause an accident.
- Road debris: Construction crews should clean up behind themselves and take reasonable steps to avoid dropping trash and other debris onto the roads. Drivers could lose control of their vehicles by either striking these objects or swerving to avoid them.
- Other drivers: Sometimes the risk comes from other motorists, who simply fail to drive safely in construction zones. For instance, drivers should reduce their speed in road construction zones, but failure to do so may lead to a crash.
Who Is Liable For Road Construction Accidents?
One of the most important responsibilities that your Long Island personal injury attorney will have is to determine who caused the accident. Depending on the circumstances, there may be more than one party who could be liable for the wreck. Examples of potentially at-fault parties include:
- Road construction contractors and subcontractors: These parties may have violated safety rules, failed to properly warn drivers of the construction work, unsafely operated vehicles or machinery, or otherwise engaged in negligence.
- Government entities: State and local governments are also involved in road construction work, and may have acted negligently. However, there are different rules and procedures for suing the government, so be sure you consult a Long Island road construction accident lawyer.
- Other drivers: Since the behavior of other drivers in the construction zone may have caused the wreck, an attorney must take a look at these parties and consider whether they may be at fault.
- Construction vehicle and equipment manufacturers: If the accident was the result of a defective construction vehicle (such as a steamroller) or equipment, the manufacturer may be to blame. Liability may extend to other parties like a construction vehicle inspection service.
What Damages Are Available?
Although every road work accident is different, most victims can seek damages for:
- Medical bills, including future reasonably estimated medical expenses
- Lost income
- Lost income-earning ability
- Non-economic damages such as pain and suffering
- Property damage
- Punitive damages, in rare cases of extreme negligence
Your attorney will evaluate the evidence and consult expert witnesses to calculate a fair dollar value for your case. Then it will come time to seek compensation from the at-fault parties and/or their insurance companies.
What Are My Options For Seeking Compensation?
Since New York is a no-fault insurance state, you have to first seek compensation through your automobile insurance policy’s Personal Injury Protection (PIP) coverage (property damage is a separate claim). Victims who suffer minor injuries may find this to be sufficient for their losses. However, if a victim suffers serious injury or basic economic losses of over $50,000, they can sue the at-fault party.
Suing the at-fault party requires help from an experienced Long Island personal injury attorney. If there are multiple at-fault parties, that means there will be multiple insurance companies in play (e.g. the contractor’s general liability insurance). Your lawyer can help you navigate settlement and litigation options with all at-fault parties.
Contact Our Long Island Road Construction Accident Attorney
If you or a loved one were injured in a New York road construction accident, we recommend you call our office at your earliest convenience. We can explain your coverage options and help you work with the insurance companies to win the compensation you deserve. If a settlement is not possible, we can take your claim to court.
Do you have questions or concerns about your rights after an accident? Are you ready to get started on your claim? Connect with Dell & Dean, PLLC now to get started.
Frequently Asked Questions About New York Road Construction Accidents
How long do I have to take legal action?
You should pursue compensation through your insurance company early, and our firm can assist you with this. If you decide to file a lawsuit, you will have three years from the date of the injury to do so. But you should consult an attorney long before this deadline expires to make your strongest legal case.
What if more than one party was at fault?
The more parties that are at fault for your injuries, the more likely it is that you will recover a fair amount of compensation. Your attorney will thoroughly investigate the accident and acquire the evidence to show who caused it. Then, your lawyer will get to work through litigation and settlement to win the damages you deserve.
What is considered a “serious injury”?
As mentioned above, a victim must suffer either economic loss of over $50,000 or a serious injury to pursue a lawsuit. “Serious injury” may include bone fracture, disfigurement, dismemberment, permanent injury to a body organ or function, loss of an unborn child, and more. Let our legal team review your circumstances to help you determine the best path forward.
