Construction zone car accidents in Tulsa may require an injury attorney to investigate the accident scene. Car and truck accidents in construction zones are more common because the roads around the site may be filled with hot tar or gravel. There may also be additional risk because traffic may have to be narrowed or rerouted, and large construction vehicles may be carrying equipment, building material or debris to and from the site.
Drivers that collide with a commercial truck, bulldozer, cement truck, crane or another vehicle in a construction zone are likely to suffer devastating injuries. You should know your legal rights to collect damages if you are involved in a car accident in a construction zone that caused you injuries. You should also know who to collect those damages from and if there are special rules that apply to construction zones in Oklahoma.
Liability in Construction Zone Accidents:
Our construction zone car accident attorneys in Tulsa will carry out a thorough investigation of your accident. This means examining the accident scene itself and reviewing all Police reports and interviewing witnesses if necessary. You may be able to pursue a claim for compensation against one or more of the following parties:
Owner of the construction site;
Negligent driver of a construction vehicle;
Repair and maintenance crew;
Construction engineer or architect;
Contractor or sub-contractor;
Oklahoma government agencies or counties;
Negligent Actions of the Construction Site Worker or Employer
A construction zone worker or their employer may be held liable for your car accident and personal injury if they are negligent. This is done under what’s called the doctrine of respondent superior. Under this law an employer can be found liable for acts of their employees acting within their scope of employment. In addition to the employer being liable, the employee may also be personally liable for their own negligence. Some negligent acts include the following:
· Failed to move construction equipment off the roadway
· Left construction debris or objects on the road
Construction zones should be made safe by the workers and companies managing the site, however, this is not always the case. A worker or their employer may be negligent if they have:
Left a large amount of debris on the road;
Failed to move equipment and machines off the roadway;
Removed the barriers or warning signs;
Left the manholes uncovered;
Failed to install proper barriers to separate traffic lanes from the hazardous construction sites;
Provided no information or signage about the driving area or lane change shifts;
Installed inadequate or no barricades to prevent motorists from veering off the road into a dangerous construction site;
Construction Company or Government Agency Negligence
Construction companies are required to abide by OSHA regulations to prevent car accidents in construction zones. Any violation of these regulations, which results in your car accident and injury could give you the right to obtain legal damages in Oklahoma.
If a government entity, such as the Oklahoma Department of Transportation (DOT), failed in their duty to monitor and inspect the construction zone correctly, you could sue them as well for personal injury damages.
Construction Zone Car Accident Lawsuits
Drivers and passengers as well as pedestrians who are injured in construction zone car accidents may be eligible to file a personal injury lawsuit. If the accident results in a wrongful death, the eligible family members of the decedent (who was not a construction company employee) can file a lawsuit for damages. Although a lawsuit may have to be filed the goal is to settle the case outside of the courtroom. But, if the insurance company wont negotiate in good faith the a lawsuit is filed. The case is filed in the County where the accident happened.
Tulsa Car Accident Injury Attorneys
If you’ve been injured in a car, truck or motorcycle accident, you are entitled to compensation. This compensation includes medical expenses, pain and sufferings and compensation for the damages to your car. Many times the insurance company will try and get around liability by claiming that their client wasn’t at fault or that you really weren’t injured as bad as you know that you were. If you need help we can help. Call the Tulsa injury attorneys at Kania Law Office 918-743-2233