Construction zones on East Tennessee roads may create many risks for drivers. Among other things, they may cause traffic to slow unexpectedly, require quick merges from one lane into another, and create distractions for drivers passing through the area. Work crews are supposed to post warnings and signage to decrease the risks to drivers and others in the vicinity of construction work on the road. However, car wrecks in construction zones still may occur. Maryville car accident attorney Mark Hartsoe can provide aggressive representation if you have been hurt in this type of crash.
Pursuing an Injury Claim Following a Car Accident in a Construction ZoneSometimes construction zone accidents are a result of another driver’s negligence. A driver may be distracted by the construction work or by something else, such as a text message or an incoming call on their cell phone. A driver whose negligence causes a construction zone accident may be held liable for any harm to another driver or to a worker or pedestrian who is injured within the construction zone. You will need to establish by a preponderance of the evidence (more likely than not) that the other driver failed to drive safely under the circumstances and that this failure to drive safely caused your injuries. You will also need to establish your damages, which may include medical bills, lost wages, pain and suffering, disability, and diminished quality of life.
In some cases, a construction zone accident may be the fault of a contractor that failed to put up appropriate warnings or signage. If safety regulations dictate how the contractor should have issued warnings or put up signs, the contractor's failure to abide by these regulations may be a basis for liability under a theory of negligence per se. This is negligence as a matter of law, and it applies when there is a violation of a safety ordinance, statute, or regulation that was designed to prevent an accident of the type that occurred, and the violation caused the crash. Generally, when negligence per se applies, the main focus of the lawsuit is damages rather than liability. Similarly, many construction contracts dictate construction signage and safety requirements. Maryville car accident lawyer Mark Hartsoe has extensive experience with case discovery to put to use in your claim.
In some cases, the owner of the road bears some responsibility. When the owner of the road is a private citizen, a theory of premises liability will apply. The key issue may be whether the owner had actual or constructive notice of a danger on the road, such as the work of contractors, and should have issued appropriate warnings. However, the owner of the road may be a local, state, or federal governmental entity. Special notice requirements apply to governmental entities being sued for injuries. It is important to promptly consult a knowledgeable car crash lawyer like Mark Hartsoe after a wreck in a construction zone so that he can investigate the cause of the accident and provide appropriate notice to any entity that may be liable.
Seek Guidance from Maryville Attorney Mark Hartsoe After a Car AccidentThe Hartsoe Law Firm has the experience and resources to represent you after a car wreck in a construction zone. Call us at 865-804-1011 or contact us via our online form to discuss your case with Maryville car accident lawyer Mark Hartsoe at no charge. He represents people throughout East Tennessee who need a motor vehicle collision attorney, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.