Who Is Liable When a Driver Hits a Road Worker?

Drivers often get frustrated when going through construction zones. The closed lanes and reduced speed limits add more time to trips. It can lead to aggressive driving and fender-bender accidents. The work can go on for months, increasing frustration.

Many work zones have large areas closed to traffic to protect construction workers and give drivers more time to safely merge. Even with traffic signs, advanced notice of road work, and flashing hazard lights, hundreds of people are still killed every year in work zones. Thousands more suffer minor and serious injuries.

When a driver hits a road worker, it is often the fault of the driver who was speeding or distracted at the time of the accident. However, other road worker injuries can be caused by dangerous work conditions, hazardous chemicals, or heavy machinery accidents. If you have questions about who is at fault when a driver hits a road worker, talk to a construction accident lawyer.

Causes of Road Construction Worker Accidents

The Federal Highway Administration (FHWA) reported more than 950 work zone traffic fatalities in 2021.

There are many dangers in roadside construction work, including heavy machinery, environmental exposure, and the use of hazardous chemicals. However, many of the injuries involve vehicles passing through the construction zones. Many of these accidents involve speeding, aggressive driving, and distracted driving.

When driving through a construction zone, slow down and move over for roadside workers. Follow the signs and directions of flaggers. Drive defensively and expect delays. Avoid distractions like texting or using your phone, even if it seems like traffic is stopped.

When the Driver Is Liable for Road Worker Injuries

In many road worker injury accidents, the driver is liable for the worker’s injuries. Liability in most car accidents involves a driver’s negligence. If the driver was negligent in causing the worker’s injuries, the driver may be held legally responsible. Liability can be shown through different ways, including unreasonable driving or breaking motor vehicle laws.

For example, if a road work construction sign lowered the speed limit to 10 mph and a driver hit the construction worker at 20 mph, the speeding could be evidence of negligence.

Other examples of driver’s negligence include:

• Failing to follow a flagger’s stop sign
• Failing to yield to a construction vehicle’s right of way
• Sending text messages while driving
• Driving through a closed traffic lane
• Drunk driving

In an auto accident claim, injury victims can recover economic and non-economic damages for their losses. Damages in a personal injury claim can include:

• Medical bills
• Lost income
• Future medical needs
• Loss of earning capacity
• Pain and suffering
• Property damage

Who Else Can Be Liable for a Road Construction Accident?

Road construction is dangerous work. When a road worker is injured on the job, they may be able to get their medical expenses and lost wage benefits through a workers’ compensation claim. Workers’ comp pays for job-related injuries, even if the employer was not at fault for the accident. However, independent contractors are generally not covered by workers’ comp.

If another construction worker injures someone on the road, the injury victim may be able to file a claim against the employer. Employers have what’s known as “vicarious liability” for negligent injuries caused by their employees. If a road worker injures someone else in the scope of employment, the injury victim can file a personal injury claim against the construction company.

For example, if a construction worker runs a red light and hits a pedestrian in a crosswalk, the injury victim can file a pedestrian accident claim against the construction worker’s employer. The employer may have better insurance coverage and more resources to pay for the victim’s losses.

How Can a Construction Accident Lawyer Help?

If you are injured in a road work accident, a personal injury lawyer can fight for the financial compensation you deserve from the at-fault driver. Your attorney can negotiate with the auto insurance company for a settlement offer to pay for your losses.

If a construction company, city government, or equipment manufacturer is responsible for your accident, your lawyer can file a personal injury claim to help you recover money for your damages. Liability in car crash accidents depends on state law. Talk to a local construction accident lawyer for legal advice about your case.