Construction zones on New York roadways can be hazardous for all those who travel through them. Not only might they be filled with debris and potholes, but they can also be confusing to navigate and poorly maintained. Unfortunately, these dangerous conditions can lead to accidents that cause serious injuries and lasting disabilities.
If you were hurt in a construction zone car accident, you may be able to hold the negligent party accountable — and recover your economic and non-economic losses. An experienced NYC personal injury attorney can evaluate your case and advise you about the best available options.
Who Can Be Held Liable for a Construction Zone Car Accident?
Determining liability for a construction zone car accident can be complex. Specifically, it requires a finding of negligence, carelessness, or recklessness on the part of another party. Evidence collected at the scene of the crash — including photos and witness statements — can be crucial to demonstrate fault. In addition, the police report can provide critical information about the circumstances that caused the accident.
Depending on the facts of the accident, there are a few parties who could be held accountable in a personal injury claim for any damages you incur. Potentially liable parties may include the following:
- Another driver — If another driver was speeding through a construction zone or failed to pay attention, they may be liable for injuries caused to another driver or passenger.
- A municipality — Sometimes, car accidents in construction zones are caused by a municipality’s negligence. In such cases, the city, town, or village responsible for maintaining the roadway might be named in a personal injury lawsuit.
- The construction company — A construction company may be responsible for an accident if equipment was left in the road or adequate warning signs weren’t placed. It might also be liable for crashes caused by the failure to train workers properly, falling debris, confusing detours, or a poorly maintained work vehicle.
- Product manufacturers — If the construction company uses a defective piece of machinery or equipment that causes the condition that results in the accident, the manufacturer may be responsible.
The injured party might also have played a role in the accident by driving carelessly or operating their vehicle while they were distracted. However, they may still be entitled to compensation under New York’s comparative negligence rule. If a plaintiff shares part of the responsibility for the accident, their percentage of fault would be subtracted from the total amount of compensation awarded.
Compensation for Construction Zone Car Accidents
The injuries that arise from a car accident in a construction zone can be severe. You may require extensive medical treatment, lose time from work, and not be able to participate in your usual daily activities. While no-fault benefits will cover a certain amount of your medical expenses and lost wages, it’s often not enough to fully compensate you for your economic damages. It also doesn’t cover the pain and suffering you may have experienced in connection with your injuries and other non-economic damages. In these cases, you may have the option to file a personal injury lawsuit.
By pursuing a personal injury claim, you may be eligible to recover your unreimbursed medical expenses, past and future lost wages, and the out-of-pocket costs you incurred due to your accident-related injuries. You may also be entitled to receive monetary compensation for the physical pain and mental anguish you suffered due to your injuries. While economic damages are based on the financial impact of your accident, non-economic damages concern the changes it caused in your day-to-day life.
Contact an Experienced New York Personal Injury Attorney
If you’ve been hurt while driving through a construction zone because of someone else’s negligence, it’s vital to have a personal injury attorney on your side to protect your legal rights. However, it’s important to act quickly. You only have a limited amount of time to commence a personal injury lawsuit. If your claim involves a municipality, there is an even shorter statute of limitations. The Dearie Law Firm, P.C. provides counsel and advocacy during car accident lawsuits to help ensure clients obtain the maximum compensation they deserve.
The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us at (212) 970-6500 for a consultation.