West Virginia Highway Construction Accident Lawyers
Highway and road construction is by nature a hazardous occupation. Besides the usual construction dangers related to close proximity of workers to heavy machinery, the threat of accidental injury or death as a result of traffic zooming by is ever present. Road construction work zones can also be dangerous for motorists who pass through them. If you or a loved one has been seriously injured in a highway construction accident in West Virginia, contact Bailey, Javins & Carter to schedule a free initial consultation.
We are experienced and accomplished Charleston personal injury attorneys with a 50-year track record of successfully standing up for injured workers in West Virginia. Our firm is dedicated to helping those who have been injured through someone else’s negligence, and we have secured millions of dollars in verdicts and settlements for our clients. We encourage victims and bereaved family members to seek strong legal counsel after a road or highway construction injury.
Some of the highway construction accident cases we handle include injuries caused by:
- Improperly operated graders, rollers, rock loaders, backhoes or bulldozers.
- Work site collisions caused by failure to meet reflective gear requirements.
- Collisions with improperly placed or marked construction barriers (such as Jersey barriers).
- Fires caused by flammable material used in construction zones.
- Highway construction accidents caused by deferred or neglected maintenance on equipment.
- Crashes in highway construction works zones caused by negligent or dangerous drivers.
Highway construction accidents can result in some of the most serious injuries. These include:
- Traumatic Brain Injuries (TBI): From a traumatic blow or jolt to the head.
- Neck and Back Injuries: Often occurring from hard falls after an injury.
- Spinal Cord Injuries: From being struck and/or falling. The most severe spinal cord injuries can result in partial or full paralysis.
- Fractures/Broken Bones: A highway construction accident can result in fractured legs, arms, hips, or torn ligaments.
- Facial Injuries: A severe blow to the head can cause facial lacerations, broken noses, and damage to the eyes and ears.
- Amputations/Loss of Limbs: A crush injury from a highway work zone accident can cause a victim to lose a limb, a condition that is permanent and debilitating.
Highway Construction Accidents Are on the Rise
In recent years, there has been a sharp increase in highway construction zone accidents and injuries. This is largely due to increased population as well as more resources being dedicated to repairing our country’s aging highways, roads, and bridges.
Driver negligence is another problem that has contributed to the rise in road construction accidents. Motorists often get impatient with slowdowns that occur because of highway construction, and sometimes they drive recklessly to try to get through the construction zone as quickly as possible. This type of behavior is most common with intoxicated drivers.
Distracted driving has also been a major contributor to construction work zone injuries and fatalities. Most motorists drive with their smart phones nearby, and it is all too tempting to read or send a text while the vehicle is in motion. This behavior is far more dangerous than most people realize, however. In fact, a comprehensive nine-year study conducted by the University of Missouri found that distracted drivers are 29 times more likely to be involved in a highway work zone collision or near collision.
Pursuing a Highway Construction Accident Claim in West Virginia
When someone gets injured in a road construction zone accident that was someone else’s fault, they deserve to be fully compensated. This may include compensation for:
- Medical Expenses
- Lost Earnings
- Property Damage
- Emotional Distress
- Diminished Quality of Life
- Permanent Injury
- Funeral and Burial Costs (in the case of a wrongful death)
Construction zone accident cases can be extremely complicated, however, because there are numerous laws, regulations, and safety standards that govern this type of work, and there are multiple parties that could be responsible. For example, there are specific guidelines for what types of signage can be used, where the signs can be placed, locations and types of works zone barriers, and locations for lane change and lane closure notices.
If you were a vehicle driver or passenger who was injured in a construction zone accident, you may have a viable personal injury claim against the entity that was in charge of setting up the work zone if they did not follow government regulations. If, on the other hand, you are a highway construction worker who got injured, the cause could be negligence on the part of your employer, a negligent or reckless motorist, or the negligence of another third-party.
In many cases, there are multiple factors that contribute to a road construction accident, and several parties could share responsibility. Each case is unique, and a thorough investigation is needed in order to get to the bottom of what happened and identify any and all contributing factors. This is why it is very important to work with attorneys who have in-depth knowledge of the complexities involved with these types of cases and a thorough understanding of what it takes to ensure that all negligent parties are held fully accountable.
Contact Our West Virginia Road Construction Accident Attorneys
If you or a close family member got seriously injured in a highway construction zone accident, you have our full sympathy. Beyond sympathy, however, we are prepared to help you obtain justice through the courts. We do not encourage our clients to accept less than satisfactory settlements as a way to get a case over with. On the contrary, we fight hard to get our clients the full and fair compensation they deserve.
We know that it is generally preferable for all parties involved to settle the case without having to go to trial, and most personal injury cases do settle. That said, we have no hesitation whatsoever about litigating a case if the other side is not willing to negotiate in good faith, and we regularly take cases to appellate courts, including the West Virginia Supreme Court and the U.S. Supreme Court. In fact, we have handled appeals that resulted in precedent-setting verdicts.
If you or someone close to you has been injured or killed in a road construction accident in West Virginia, Bailey, Javins & Carter is ready to go to work for you. To get started, message us online or call our office today at (800) 497-0234 or (800) 296-6979 to schedule a free consultation with one of our experienced West Virginia highway construction accident lawyers.
We work on a contingency basis. We don’t get paid unless you do.