Who is at fault in work zone accidents? | The Law Offices of T. Andrew Miller, LLC
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Who is at fault in work zone accidents?

AdobeStock_90217786.jpgRoad crews have an important job to do. They keep the roads healthy and safe, but the job does not come without risks. These people work all day long, every day a few feet away from busy lanes of traffic. While they do take precautions, like flashing lights and bright neon colored work gear, it doesn't always prevent accidents.

Construction workers are at a high risk of getting struck by drivers. Across the country, of 2015, there were at least 70 work zone accidents per day causing injuries, with one fatality per week. In a work zone motor vehicle accident that injures a worker, their injuries impact their ability to make a living. However, their workers' compensation filing may not be as straightforward as in other circumstances.

Third-party work zone accidents

With road crews, who are often state employees or at the very least contractors working under state supervision, a work injury would fall under the state's workers' compensation insurance coverage. However, if an injury is the result of an accident caused by someone other than the employer and the employee, it becomes a third-party liability issue.

A road worker dealing with workplace injuries caused by a car accident like this can file suit to recover damages from the party responsible, whether that is:

  • The driver of the car
  • The manufacturer of the car
  • The mechanic who improperly installed the tires

Or anyone else accountable for the circumstances of the accident. There may be many defendants in a filing of this nature, and they can get exceedingly complicated.

There is a way forward

The road to recovery is long. When there are bumps, such as third-party liability litigation, it can get intimidating. But as anyone on a road crew knows: you can fix any bump in the road with a little work.

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