When a person suffers an injury from roadside work zone accidents in Philadelphia, they can take legal action to recover compensation for their damages. Medical expenses and property damage can lead to an overwhelming financial burden.
Determining liability for roadside work zone accidents in Philadelphia will depend on the specific circumstances of the crash. You should contact Marrone Law Firm LLC immediately to understand your legal rights after this type of construction site injury.
When a road is undergoing construction or maintenance, a work zone is a typically designated by signs or traffic barriers. These areas typically have signs that indicate when a person has entered and exited a work zone.
Since work zones often have increased hazards such as pedestrian workers operating around the area and heavy machinery equipment, state traffic laws are often more restrictive around them. Some examples include reduced speed limits and mandatory headlight use.
According to 75 Pa.C.S. § 3326, drivers must yield the right-of-way to pedestrians or vehicles engaged in construction or maintenance within a designated zone. Failure to adhere to these state traffic laws within this area can lead to double the amount of fines compared to normal violations. Roadside work zone accidents in Philadelphia are often the result of negligent driving behaviors, such as:
Roadside work zone accidents in Philadelphia can often lead to questions about liability. When a car accident happens, liability typically falls on one of the drivers involved in the collision. However, work zone accidents can involve non-driver parties, such as construction workers, construction companies, or even the government. Consulting with a lawyer can help an injured victim identify the appropriate defendants.
For personal injury lawsuits involving negligence, an injured plaintiff must establish that the responsible party breached a duty of care. However, the duty of care owed will depend on who was involved in the accident and the specific facts leading up to the collision.
For example, drivers owe a duty of care to other motorists and pedestrians to obey the rules of the road. If a driver causes an accident while traveling at an excessive speed through a construction zone, a court may find that they were negligent.
However, a construction company can also have liability for an accident in situations where they were negligent while operating within the area. If a construction company failed to post signs indicating the area was a designated work zone, a court may find that they acted negligently.
If an accident was caused by defective construction equipment or mechanical vehicle failures, the manufacturer of that vehicle or its components can also have liability. The state generally holds a manufacturer strictly liable for defects that cause injuries.
Roadside work zone accident lawsuits in Philadelphia can also sometimes involve government entities that were tasked with oversight of a road’s maintenance. The Occupational Safety and Health Administration has implemented various federal standards for these zones.
These standards include guidance on signage, signals, barricades, and other indicators. If an area was not clearly demarcated, a government entity that hired the responsible construction company can potentially also have liability.
However, it is important to understand the additional considerations a plaintiff must consider for lawsuits against the government. While the state generally has sovereign immunity, 42 Pa.C.S. § 8522 provides an exception for liability stemming from dangerous conditions on highways.
Speaking with a Philadelphia lawyer as soon as possible about a construction zone accident is critical in situations involving the government because of the limited timeline to file a claim. According to 42 Pa.C.S. § 5522, a plaintiff seeking to file a lawsuit against a government entity must provide a pre-suit notice within six months of the injury.
If no notice was provided, a court can dismiss the claim. This is a significantly shorter period compared to the normal two year statute of limitations for personal injury claims under 42 Pa.C.S. § 5524.
If you or a loved one were injured in roadside work zone accidents in Philadelphia, a Marrone Law Firm LLC lawyer is available to answer your questions about filing a lawsuit. We can also help collect evidence to establish your claim, such as police reports, accident scene photos or video footage, witness statements, and skid mark analysis. Call now for a free consult.