Accident Claims Based on Negligent Road Construction
What happens if you are driving down the street and, all of a sudden, you hit a terrible pothole? Your car dives down in and, not only do you have some injuries springing from the accident, but your car is also damaged. Road conditions are a very important thing and this is why roadways should always stay free of dangers to protect the drivers sharing these roads. But what happens if you have received injuries from road construction?
Road Construction Mistakes
- Wrong Signage: Federal and State regulations work to protect those on the roadways. They specify the types of signs that should be used, where they should be placed, and the number of signs to be used. If proper warning signs are not used by construction companies, then this can lead to liability cases.
- Motorists Needing to Turn Too Sharply: If a motorist is surprised by a sudden sharp turn at a high rate of speed, then an accident could occur. A construction company could be held liable due to the fact that they took away regulations warning about these sharp turns.
- Leaving Dangerous Condition in Pavement: When construction is taking place, uneven pavement may play a part in the process. However, this pavement can create hazards to motorists, especially motorcyclists.
Duties and Breaches of Duties Caused by Construction Companies
- Duty to Keep a Construction Zone Safe: Whoever owns the construction zone has a duty to keep it safe for workers and motorists alike. A construction company should comply with federal and state safety regulations and have to take reasonable measures in addition to complying with these regulations, such as being reasonable when needed.
- Breach of Duty: If a construction is not kept safe, it could result in a case of negligence. The company may be held liable for harm if they, say, fail to warn motorists that a construction zone is approaching and they should take caution.
- Harm Caused by Breach of Duty: Damages usually include things like property damage, medical expenses, lost wages, pain and suffering, and loss of normal life. The injured person needs to prove that the negligence actually caused the harm and it wasn’t caused by other forces.
Can Certain Claims Involve the Government?
State or local government entities will usually play some role in a road construction project. If there is potential to hold the government liable, you will need to follow a special set of rules when seeking compensation. However, the government must have been completely negligent and you must be able to show proof of this. You may think that, just because the road caused damage to your car, the government absolutely has to be liable – however, this is not the case. Here are some special rules regarding being able to hold the government liable for damages:
- You must follow a deadline of as little as 30 days when notifying the proper governmental entity in writing. They will need to know things like the date and exact location of your accident and the precise circumstances surrounding it.
- You must keep in mind the shortened deadline, also known as the statute of limitations, for filing a lawsuit against the government.
There are some other things you may need to know, such as the government possibly having a cap in place when it comes to how much you can receive in damages. For many of these matters, you will want to speak to an experienced attorney about the complex matters. They will understand the laws and regulations that must be followed. Call Maggiano, DiGirolamo, & Lizzi for more information. They will help you get on track for gaining the compensation you rightfully deserve!