Work Zone Accidents
In a busy state like South Carolina, construction on the road is a common occurrence. Although these modifications and expansions improve the state’s infrastructure, they also create dangers for motorists, motorcyclists, and pedestrians traveling through or near the construction zones. What some people fail to realize, moreover, is that construction workers assigned to these zones are also at serious risk of suffering injuries in a work zone accident. At the Knie & Shealy Law Offices, our Greenville and Spartanburg car accident attorney has counseled victims in a wide range of situations and assisted them with seeking the settlement or the judgment that they deserve.Bringing a Negligence Claim Following a Work Zone Accident
If you or someone you love has suffered an injury in a car accident that occurred in a work zone, you may be entitled to compensation. One of the most complex aspects of this type of lawsuit is determining who is responsible for your injuries. First, there are many federal and state regulations governing the appropriate setup and maintenance of construction sites and work zones. These include creating appropriate buffers between traffic and construction activities, as well as erecting appropriate signage and warnings to notify drivers. If the party responsible for maintaining the construction site fails to adhere to these rules and regulations, that party is likely negligent and may be liable for your injuries.
In addition, other motorists may be at fault for accidents that occur in work zones. When a construction project occurs on a highway or another roadway, federal and state regulations require motorists to reduce their speed and to travel with increased caution. This includes obeying lane transfer signs, reducing speed to a temporary speed limit, and being watchful for any construction workers in close proximity to the roadway. A driver who engages in distracted driving activities like texting or talking on the phone in a construction zone has also breached the duty of care. In some instances, the penalties for violating traffic laws like obeying the speed limit and refraining from distracted driving double when the violation occurs in a work zone.
After establishing that the defendant engaged in negligent conduct, the plaintiff must prove that the negligent activity was the direct cause of the work zone accident. In accidents involving multiple defendants, some parties may attempt to blame other defendants in an effort to show that their negligent activity was not the direct cause. An experienced accident reconstruction expert can help recreate the accident and allocate liability among the defendants.
Next, the plaintiff will need to provide evidence supporting the amount of compensation that they are claiming in the lawsuit. In a negligence action, there are several items of damages that may be recoverable, including medical expenses associated with the plaintiff’s injuries. These include everything from ambulance costs, hospitalization bills, and surgeries to medications and physical therapy. A plaintiff is also entitled to recover compensation for any lost wages or reduced earning capacity. Non-economic damages for items like pain and suffering also may be available.
In the unfortunate situation that the accident leads to the death of a victim, South Carolina law allows the surviving relatives to bring a wrongful death claim against the party responsible for the accident, seeking compensation for the loss of their loved one in addition to compensation for funeral and burial expenses.Consult a Knowledgeable Car Crash Lawyer in Greenville or Spartanburg
Being involved in a work zone accident is a stressful experience for a victim and their family. The last thing that your loved ones and you should need to handle during this time is navigating the legal process and ensuring that your rights are protected. Experienced motor vehicle collision lawyer Patrick E. Knie proudly serves victims throughout Cherokee, Union, Laurens, and Spartanburg Counties. Call us now at (864) 582-5118 or contact us online to set up a free consultation with an attorney in Greenville or Spartanburg.