Drivers must always remain alert and follow signage directing traffic. This includes signs or markers regarding construction. Your route may be diverted, or you may need to detour around construction work on or near the road. Unfortunately, drivers are sometimes injured in accidents involving construction, and an attorney can help you get compensation.
First, your attorney should help you determine who should be held responsible. Construction companies, property owners, and other drivers might have played a role in the accident and should be included in your case. In some cases, you may sue governmental entities, as they might have hired the construction workers for public works projects. Many construction zone accidents occur because dangerous materials are left in the road, warning signs are incorrect or improperly placed, or other people near the accident were negligent. Whatever the case might be, talk to an attorney soon.
Get a free case review from our South Carolina car accident lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Suing Construction Companies After a Car Accident in a Construction Zone
When driving through construction work or near a construction site, workers must be careful to avoid traffic. If tools, equipment, building materials, or signage obstruct traffic, it could cause a severe accident.
If you were injured in a car accident involving construction work, the construction company might be held responsible. When construction sites are near the road, construction companies must be careful to keep their workers and materials out of the road and to divert traffic as needed to keep everyone safe. If they do not do this, the company may be liable for your damages.
It is also possible that only one negligent construction worker caused the accident. In that case, you may still sue the construction company if the worker was an employee. When employees negligently cause injuries while doing their jobs, their employers may be held vicariously liable. This is common when construction vehicle drivers pull out into traffic without warning.
How Other Drivers Might Be Responsible for South Carolina Construction Zone Accidents
Driving through construction zones requires your full attention. If other drivers are distracted or driving recklessly or negligently, they might cause you to get into an accident. In that case, our South Carolina car accident attorneys will file insurance claims or lawsuits to help you recover damages from the other driver.
For example, perhaps you slowed down as you entered the construction zone, which is typical as speeds are usually reduced. Next, suppose the negligent driver behind you was not paying attention and did not slow down. They may have rear-ended you, causing painful injuries like whiplash.
Accidents in construction zones tend to be more serious because the road is often in disrepair, and numerous workers might get hurt. Your car might end up in a deep pothole or be crushed by some heavy machinery.
Can I Sue the Government for an Accident in a Construction Zone?
Depending on the facts of your case, it might be possible to sue certain governmental entities for a car accident in a construction zone. Many construction zones are erected for public works projects. These might include road maintenance or digging under the road to access items such as gas or water lines.
If the workers in the construction zone negligently caused the accident, you may be able to sue the government. However, this is somewhat complicated and requires extra steps. For example, according to S.C. Code Ann. § 15-78-80(d), you must first file a notice of your claim with the appropriate governmental entity before we actually file your lawsuit. If you do not submit your notice on time, we cannot sue the government.
How Construction Zone Accidents Can Happen in South Carolina
Car accidents can occur in construction zones for a variety of reasons. Many accidents are related to speed. Speed limits tend to drop significantly when entering construction zones. If other drivers do not pay attention to their speed, they might collide with other drivers.
Construction zones are supposed to have ample signage advising drivers of the dangers ahead and how to proceed. This might include signs about the work going on and where to go if drivers are rerouted. If signs are misplaced, incorrect, or missing, drivers are at serious risk.
Other accidents might be caused by negligent workers in construction zones. If they were to leave dangerous equipment lying in the street, a vehicle might have to swerve to avoid it and end up colliding with another car. Workers might also treat the road as their private workplace and walk in and out of traffic or pull out in construction vehicles without regard for the cars on the road. In short, many accidents happen because workers in construction zones are negligent.
Proving Liability for Construction Zone Accidents
Proving who is responsible for a vehicle accident in a construction zone may be challenging. Gathering evidence is often compromised because accidents in construction zones tend to be cleared away quickly. Even so, there is evidence out there, and we can help you find it.
First, we should try to obtain security camera footage from the accident. Construction zones might have their own cameras, or a nearby home or business might have set up cameras. Also, many drivers have dashcams in their cars, which might be extremely helpful.
Second, we should talk to witnesses who were there when the accident happened. This might include other drivers, passengers, or pedestrians. It may also include construction workers who observed the accident.
What if I am Partially Responsible for a Construction Zone Accident?
People tend to question whether they bear any blame for accidents. In some cases, drivers are a little bit responsible, but this should not stop them from seeking fair compensation.
According to S.C. Code Ann. § 15-38-15(A), if a plaintiff is partially responsible for their accident, they may still recover damages, but they may be reduced according to their share of fault. If you are 10% responsible, you may lose 10% of your total damages.
However, if the plaintiff is at least 50% responsible for the accident, they may be barred from recovery.
Speak to Our South Carolina Car Accident Attorneys
Get a free case review from our Forest Acres, SC car accident lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
