Proving Fault in Construction Zone Truck Accidents in Alabama

Many Alabamans have experienced the frustration of driving through a seemingly endless construction zone. Sudden lane shifts, detours, and traffic slowdowns require constant focus on the road. Drivers must always exercise caution when navigating a work zone. A lapse in attention could result in a serious accident.

Construction zone accidents are dangerous for both drivers and construction workers. In fact, 842 people were killed in work zones in 2019, according to the Federal Highway Administration.

Even responsible drivers can’t avoid every work zone collision. Proving fault for a car accident in a construction zone can be challenging because the driver and the construction company will likely blame each other for the crash. If you have been injured in a car accident in a road construction zone, contact the Alabama car accident lawyer at Gartlan Injury Law to stand up for your rights.

As a Dothan personal injury attorney, Aaron Gartlan has more than 20 years of experience helping injured Alabamans. He has been widely recognized for his professional achievements. Learn more about our legal services by contacting us for a free initial consultation.

How to Determine Fault in Construction Zone Accidents?

Establishing fault for a construction zone accident can be a particular challenge. Drivers have a legal responsibility to watch for and avoid workers in construction zones, but construction companies and their employers must also follow guidelines to minimize the chances of an accident.

In Alabama, injured parties pursuing compensation for a crash must demonstrate that the other party caused the crash. Given those construction zone accidents often happen at high speeds or at night, ascertaining who caused the collision can be difficult without the help of a knowledgeable lawyer.

How Can Move Over Laws Affect Liability in Construction Zone Accidents?

The number of construction zone accidents has risen steadily across the country. All 50 states have instituted some version of a “move over” law. These laws are designed to protect construction workers by setting rules for how drivers should act when traveling through a work zone.

Alabama’s version is the Alabama Move Over Act, which went into effect on September 1, 2019. According to the Alabama Law Enforcement Agency, the law requires drivers to move as far away from workers on the side of the road as possible when passing through a work zone on a two-lane road.

On highways and other roads with more than two lanes, a driver must slow at least 15 mph below the posted speed limit if they can’t change lanes. If a driver is passing through a work zone on a two-lane road, they must drive 15 mph slower than the speed limit when the limit is 25 mph or higher or at 10 mph if the posted speed limit is 20 mph or less.

It should be noted that the Alabama Move Over Act applies not only to construction workers. Drivers must move over or slow down when they enter a work zone or see a law enforcement officer, garbage truck, utility vehicle, or garbage truck on the side of the road.

A person involved in a work zone accident and found to have violated the provisions of the Alabama Move Over Act will have a more difficult time claiming compensation after a crash. That’s why you should meet with a car accident lawyer as soon as possible after an accident to evaluate your legal options.

When Is a Construction Company Liable for a Work Zone Accident?

Just as drivers are required to move over or slow down to avoid endangering construction workers, construction companies must take steps to minimize the chances of a work zone accident. If they fail to do so, they may be liable for any crash they cause.

Situations in which a construction company could be held liable for a work zone accident include:

• The work zone or route through it was designed in such a way that motorists must make sudden or dangerous maneuvers, creating a hazard on the roadway.
• Maintaining the work zone route forced drivers to make unsafe or sudden moves.
• The construction company failed to post proper warning signs, posted the signs improperly, or posted inaccurate signs.
• The company posted unclear directions for a detour through a construction or road work zone.
• Signs, barricades, barriers, cones, and other traffic control devices were placed too close to traffic.
• Construction equipment operating in the work zone impeded the passage of vehicles moving through the work zone.

What Compensation is Available for a Construction Zone Accident?

While there is no normal settlement amount for a construction zone accident in Alabama, state law allows accident victims to recover significant compensation for their losses, assuming that the victim can establish someone else’s negligence caused their injuries.

With sufficient evidence to back up your claim, you could recover compensation for:

• Medical bills related to the accident
• Damaged personal property, such as your personal vehicle
• Lost wages and your reduced earning capacity
• Compensation for your mental and physical pain and suffering

One key factor in recovering compensation for an Alabama work zone accident is the state’s strict contributory negligence laws. Contributory negligence is a legal doctrine stating that a plaintiff who contributed to their own injuries in any way is barred from recovering compensation.

In other words, you must be able to show that the construction company or another party is completely responsible for your injuries. Otherwise, you may be unable to recover any compensation. That’s just one reason why it’s critical to get help from an experienced lawyer if you want to initiate a work zone crash claim.

Contact an Alabama Construction Zone Accident Today

Dealing with the aftermath of work zone accidents can be overwhelming, but we can help. The Alabama construction zone accident lawyers at Gartlan Injury Law are ready to begin work on your injury claim at your earliest convenience. Contact our Dothan office today or visit our contact page for a free initial consultation.

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Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.