
Construction / Work Zone Accidents
Automobile accidents that occur in a construction zone or highway work zone often cause substantial property damage, serious personal injury or wrongful death. There are unique issues and laws regarding how a construction zone is set up and how motorists are to drive through such a zone. For these reasons, the legal issues surrounding construction zone accidents can be complicated.
There are two primary groups of people who are vulnerable to construction zone accidents—motorists and individuals working in a construction zone. Construction workers and flaggers are at great risk for serious injury or wrongful death in a construction zone because they must work in close proximity to moving vehicles.
When an accident takes place in a work zone, liability falls on one of two parties – the motorist or the entity that set up the construction zone. Establishing liability determines who will be held responsible for any damages or injuries resulting from the accident.
When motorists drive through a construction zone, they must be particularly cautious. Construction zones typically have a reduced speed limit. When drivers neglect to follow this limit, they are less able to negotiate narrow lanes, lane shifts, sharp turns or unexpected obstacles in the roadway. Speed is a major factor in work zone accidents. Additionally, drivers may be liable for negligent driving behaviors such as:
- Tailgating
- Improperly changing lanes
- Not watching the road
- Failing to respond to flagger instructions or temporary signs
- Unsafe speed
- Distractions from a radio, children or cell phone
- Failure to follow signs or instructions
- Aberrant behavior caused by work zone delay and frustration
In other situations, the driver may be exercising appropriate caution, but there are unavoidable hazards present in the work zone. Those hazards include:
- Improper or missing signage
- Construction vehicles improperly moving into or out of traffic
- Hazardous areas or work zones that are not properly barricaded
- Improper or incorrect direction of traffic or detours
When these factors result in an accident, the motorist may be entitled to compensation from the entity that was in charge of the work zone.
If you have been involved in an automobile accident in a highway work zone, it is important to remember that relevant evidence may be very temporary. Additionally, there are special limitations placed on how and when an individual can file a claim against a government agency. For these reasons, you should seek legal counsel as promptly as possible.
If you or a loved one has suffered injury in a work zone, call the trial lawyers of Rush, Hannula, Harkins & Kyler PLLC, now at (253) 383-5388 or click here to submit a FREE case review. Let our experience work for you. Our initial consultation is free of charge and we only get paid for our services if you receive monetary compensation.
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Frequently Asked Questions
We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.
Do I need a lawyer to file a personal injury lawsuit?
It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.
What is the statute of limitations in Washington for personal injury?
A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.
How much does a personal injury lawyer cost?
The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.
How do I file a personal injury lawsuit in Washington state?
At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.
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