Who May Be Liable for an Accident in a Construction Zone?

Posted on behalf of Pfeifer Morgan & Stesiak

on August 18, 2021

. Updated on June 23, 2023

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Construction zone ahead signIf you were injured in an accident that occurred in a construction zone, you may be eligible to pursue compensation from more than one liable party.

Let our knowledgeable car accident attorneys in South Bend review your claim to see who may bear liability for your damages after a construction zone accident. We offer a free consultation and charge you nothing while we work on your claim, so there is no risk to you.

Below, we discuss who may be liable for your damages.

When Another Driver is Liable

Even though a construction company or the municipality where the construction zone is located may be careful about placing appropriate signage and taking the necessary precautions to try to keep drivers safe, other drivers may act recklessly and cause an accident.

These drivers may do things like speed, disobey instructions on signs or directions from construction workers, text while driving, cut other drivers off or tailgate. While it is important to be mindful of reckless drivers and do your best to keep your distance, sometimes accidents are unavoidable. For example, merging near a construction zone can be incredibly dangerous, particularly when drivers wait until the last moment to merge.

Fortunately, when another driver is to blame for your accident and injuries, you have the legal right to file a third-party claim with the at-fault driver’s liability insurance to pursue the compensation you need for medical bills, lost wages if you are unable to work, and other damages associated with the accident.

Our attorneys are prepared to help you through the process of filing a claim and negotiating with the liable insurance company to help pursue maximum compensation.

Can the Construction Company Be Held Liable?

The construction company in charge of the area in which work is being done may be held liable for your injuries in some rare circumstances. For example, if the company charged with overseeing the construction site negligently failed to post the appropriate signage to warn of falling objects or other hazards, the company may bear partial fault for your damages.

Generally, construction companies have a duty of care to construction site workers and others in the area who may be affected by their negligent actions. This includes drivers who pass through the construction zone.

It may be very difficult to prove a construction company may be liable without help from a licensed attorney. You can bet the construction company and its insurance company will attempt to avoid liability. Therefore, it would be in your best interest to have one of our licensed attorneys help you build a strong case against the construction company.

Can a Government Municipality Be Held Liable?

Just as a construction company and other drivers on the road have a duty of care to act in a reasonable manner to avoid causing someone else an injury, government municipalities also have the same responsibility.

Unfortunately, holding a government entity liable and recovering compensation may be difficult, as there are more hoops you may need to jump through. For example, you may have much less time to file a claim against a government entity than another driver or construction company.

A municipal government may be held liable for damages if it was charged with closing certain roadways during construction. However, proving the government had this responsibility may be difficult.

It would be in your best interest to speak to an attorney who may understand the extent of the responsibility of the construction company and the municipal government.

Call Us Today for Help with Your Claim

If you were injured in an accident in a construction zone, there are multiple parties who may be held liable for your damages. Whether that be another negligent driver, the construction company or the municipal government responsible for maintaining the road, our attorneys are prepared to review the facts of your claim to see how we may be able to help you.

Proving liability from one or more parties may be complex, so it is important to have a licensed attorney with years of experience on your side. For decades, our attorneys have successfully recovered millions on behalf of our clients.

We offer a free consultation and charge you nothing while we work on your case.

No upfront fees. No risks. Call us today at (574) 444-0741.

Pfeifer, Morgan & Stesiak

Serious Attorneys for Serious Cases