Construction zones can present serious risks for drivers, especially on busy West Virginia highways like Interstate 79. With narrowed lanes, reduced speed limits, and unexpected changes to traffic flow, accidents can happen in an instant. In fact, the Federal Highway Administration reports that a work zone accident occurs every 5.4 minutes. In West Virginia alone, over 1,700 construction zone crashes were reported in recent years, resulting in hundreds of injuries and even fatalities.
If you’ve been injured in a construction zone accident, you may have questions about what to do next. From reporting the accident to determining who’s at fault, here’s a step-by-step guide to help you navigate the process and protect your rights.
Construction zones are filled with potential hazards that make them high-risk for drivers. Here are a few common causes of accidents in these areas:
Understanding these risk factors can help you navigate construction zones more safely. However, accidents can still happen despite your best efforts to drive carefully.
If you’re involved in an accident in a construction zone, taking the following steps can protect your safety and strengthen your claim:
Move to a safe location, if possible, and check yourself and others for injuries. Even if injuries seem minor, seek medical attention as soon as possible.
Contact the police to report the accident. This ensures that the incident is documented, which can be crucial for insurance claims and potential legal action.
Take photos or videos of the accident scene, including road conditions, signs, and any visible damage to vehicles or property. This evidence can help support your version of events.
If there are any witnesses, ask for their contact information and a brief statement about what they saw.
A police report is essential in determining fault. Be honest and provide only factual information about what happened.
Report the accident to your insurer as soon as possible. Keep in mind that insurance companies may handle construction zone accidents differently due to their complex nature.
Following these steps can help ensure your safety and make the claims process smoother.
Fault determination in construction zone accidents can be complicated due to the involvement of multiple parties. Here’s a closer look at how fault might be assigned:
If you lose control due to poor road conditions or unexpected construction obstacles, it may be possible to hold the construction company or local government responsible for inadequate signage or unsafe conditions.
In accidents involving multiple vehicles, fault may be split among several drivers, or between drivers and the construction company, depending on the circumstances.
In West Virginia, fault can be attributed to negligence, meaning one or more parties failed to take reasonable precautions to prevent an accident. Negligence could involve speeding, failing to follow posted instructions, or ignoring lane restrictions.
Knowing how fault is determined can help you understand your options for seeking compensation.
In some cases, it’s not just the drivers who are at fault. Construction companies and government entities overseeing the project have a duty to ensure safe conditions within a work zone.
Construction companies are required to set up work zones with proper signage, lighting, and barriers. If they fail to do so, they may be liable for accidents that result from these oversights.
Local and state government agencies are responsible for ensuring that roadways remain safe. If they fail to manage a construction project properly or oversee safety measures, they could share liability.
Missing warning signs, unattended equipment in lanes, or unmarked lane shifts can all be examples of negligence by either the construction company or the government. If such conditions contributed to your accident, you may have grounds for a legal claim.
West Virginia enforces specific laws for construction zone safety. Here are key points to be aware of:
Under West Virginia Code section 17C-3-4b, driving recklessly or speeding through a construction zone is a misdemeanor. This could lead to a $200 fine or even jail time.
Insurance companies may investigate construction zone accidents thoroughly, often relying on police reports to determine liability. Due to the complex nature of these cases, insurance claims may take longer to process.
Understanding these legal implications can help you navigate insurance claims and potential legal action.
If you’re ready to pursue a claim, here are the steps you should take to strengthen your case:
Evidence like photos, videos, and witness statements can be crucial in proving who was at fault.
Insurance companies may assign partial fault to multiple parties in construction zone accidents. Be prepared for a complex negotiation process.
A police report serves as an unbiased account of the accident, which can be instrumental in determining liability and helping you receive compensation.
Dealing with the aftermath of a construction zone accident can be overwhelming, but Manchin Injury Law Group is here to help. With years of experience handling complex accident claims, our team can investigate your case, gather evidence, and work with you to build a strong claim.
Whether you’re facing medical expenses, property damage, or lost wages, we’ll help you pursue the compensation you deserve. Our team understands the unique challenges involved in construction zone accidents and can offer guidance every step of the way.
If you want to learn more about construction zone safety or understand your legal rights, these resources may be helpful:
If you or a loved one has been injured in a construction zone accident, don’t navigate the legal process alone. Manchin Injury Law Group is here to support you through every step. Contact us today for a free consultation, and let us help you understand your rights, determine who’s at fault, and build a strong claim for compensation.
Call us now or reach out online to start protecting your rights.
Associate Attorney at Manchin Injury Law Group
Practice Area: Personal Injury
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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