Did you suffer injuries in a car accident that occurred in a construction zone in Texas? If so, you can seek compensation from the at-fault driver. However, your case may become more complicated because it could involve other parties besides the liable driver, such as a construction company.
A Dallas car accident lawyer can help you work through the complexities involved in a construction zone crash to recover the compensation you need to cover your accident-related losses.
Damages You Can Recover After a Construction Zone Car Accident
Texas law allows those injured due to negligence to seek compensation from the parties responsible for their damages. Therefore, if your car accident occurred in a construction zone due to another party’s reckless, wrongful, or careless actions, you could pursue a liability insurance claim or personal injury lawsuit against them.
In general, compensation for a vehicle collision may cover the following:
- Emergency transportation and emergency medical care
- Medical procedures
- Doctor and hospital fees
- Mobility aids and medical equipment
- Prescription medications
- Physical therapy
- Long-term nursing
- Lost income and benefits
- Loss of future earning potential
- Vehicle and property damages
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment
- Reduced quality of life
- Wrongful death of a loved one
How Long Do You Have to File a Claim for Compensation in Texas?
It would be best to start your car accident insurance claim immediately. Building a solid case proving you deserve compensation and working out a fair and complete settlement with an insurance company can take time. Unfortunately, it could take even longer if:
- There are multiple liable parties.
- Those involved decide to play hardball.
The statute of limitations for filing a personal injury or wrongful death lawsuit in Texas is two years, according to Texas Civil Practice and Remedies Code § 16.003. Thus, you must take legal action before this window closes.
Letting the deadline pass will likely lead to the court refusing your case, thereby removing any leverage you have against the insurance company. You could end up with little to no compensation and no options for legal recourse.
Who Is Liable for a Construction Zone Crash?
The Texas Department of Transportation (TxDOT) reported over 25,000 traffic accidents in construction zones statewide in 2022. These collisions resulted in 205 deaths and 788 severe injuries. Speeding, driver inattention, and unsafe lane changes were among the leading causes of these crashes.
Road construction zones often contain hazards that make them difficult to navigate. Thus, anyone passing through them and those responsible for road work have a duty of care to ensure everyone’s safety. When they fail in that duty, resulting in another party’s injury, the victim has the legal right to hold these potentially at-fault parties financially responsible.
Negligent Drivers
Texas requires drivers to slow down and take extra precautions when traveling through road construction. State law allows TxDOT engineers to lower the speed limit in construction zones, while the Move Over or Slow Down Law (Texas Transportation Code § 545.157) mandates motorists move over a lane or reduce their speed to 20 mph below the posted limit when approaching TxDOT or highway construction vehicles.
Drivers should also avoid the following negligent actions when driving through construction zones:
- Following too closely (tailgating)
- Texting and driving
- Aggressive driving (road rage)
- Traveling in the wrong lane or a closed lane
- Failing to obey road signs or traffic signals
- Failure to obey construction signs or flaggers directing traffic
Construction Companies
Construction companies contracted to perform roadwork must ensure construction zones are safe for those passing through. You could hold them financially accountable if they do not and their negligent actions cause an accident.
Examples of negligence by construction zone workers include the following:
- Failure to mark work zones with cones, barrels, signs, or flaggers
- Failure to implement a safe traffic control plan
- Failure to train or vet construction workers adequately
- Failure to keep construction vehicles or equipment in proper working order
- Failure to secure a construction zone when workers are not present
Do You Need the Help of a Personal Injury Attorney?
Construction zone accident cases can present unique challenges. You may have to go up against multiple liable parties, including a construction company. In addition, you’ll likely face insurers and their armies of legal counsel. Finally, you must prove how road construction played a role in your crash.
Collecting evidence, proving negligence, and filing and negotiating claims can be daunting. Thus, it may benefit you to hire a personal injury lawyer who will put their legal knowledge and case experience to work for you. Our team can protect your rights and establish you deserve compensation while you focus on healing from your injury.
Our law firm will:
- Gather case evidence like police reports, surveillance or dashcam video, eyewitness accounts, and expert testimony.
- Investigate the construction company, its safety record, and its employees’ conduct.
- Identify and calculate your accident-related damages.
- Draft and file insurance claims.
- Handle paperwork, deadlines, and case-related communications.
- Aggressively negotiate for the maximum compensation possible.
- Prepare a lawsuit and represent you at trial if necessary.
How Much Does a Car Accident Lawyer Cost?
Working with our firm’s car accident attorneys will cost you nothing upfront or out of pocket. We take personal injury cases on contingency, meaning you never pay attorney fees unless we win compensation.
Contact Loncar Lyon Jenkins About Your Construction Zone Car Accident
If your car accident occurred in a construction zone, you could seek compensation from the responsible parties, which may include a negligent driver or construction company. Contact Loncar Lyon Jenkins today to learn more about how a car accident lawyer with our firm can assist you with securing full and fair financial recovery. A team member is available 24/7 to schedule your risk-free, no-cost consultation.
