Liability After Construction Worker Is Hit By A Motorist
Construction is a dangerous profession, and construction workers are in even greater danger when they are engaged in road construction given the proximity that they have to passing cars. If you are a construction worker and were struck by a car, you might wonder if you should take legal action against the motorist for negligence.
The Responsibility of the Motorist
A motorist is responsible for showing due care when operating a motor vehicle, especially when driving through a construction zone. Construction zones usually have lower speed limits to account for the added risk faced by a construction worker.
There are also more limitations regarding passing, yielding, and other actions taken while in the work zone. Also, the drivers are expected to comply with those directing traffic.
A driver who fails to follow the rules when driving through a construction zone is likely to face much more serious consequences. For example, a driver might face twice the number of fines that would normally be imposed after committing a traffic infraction.
Any driver who strikes and injures a construction worker will be held fully responsible for injuries and other losses if you file a lawsuit in civil court. Therefore, you will want to contact a personal injury attorney immediately to discuss your legal options.
After you are struck by a motorist, you will want to seek medical attention as soon as possible. Being struck by a vehicle can lead to horrific injuries. You might suffer from broken bones and from a head injury.
How to Prove Negligence
Even if you are injured, you must prove that the other driver is negligent. In some cases, a construction worker might be accused of causing an accident. You might be accused of not paying attention. Also, your construction site might be accused of not having posted proper warning signs.
Therefore, you will need an experienced personal injury attorney who has handled these types of cases. A personal injury attorney will determine what arguments should be made to maximize the chances that you will receive compensation for your injuries.
How to Seek Compensation
In most cases, you would seek compensation from the insurance provider of the motorist who caused the accident. Your attorney would negotiate with the insurance provider to obtain the maximum possible settlement.
Settling out of court is usually preferable because it is less expensive, and you may be able to resolve your case much more quickly even if settlement negotiations can take time.