Car accidents are incredibly dangerous, and drivers are often severely injured. Numerous other people on or around the road might be liable, including road construction companies.
Road construction is a common sight on the roads and highways of Arkansas, and there are also dangerous areas to drive through. Road construction companies may tear up old pavement, leave debris on the road, or crowd the road with workers, all of which puts drivers at risk. There are rules and procedures regarding how road construction companies can operate on the roads. If these procedures are disregarded, the road construction company might be liable for an accident. To start your lawsuit, you should speak to an attorney about what kind of evidence you need, how to file the proper paperwork, and potential legal strategies.
If you were involved in a car accident because a road construction company made the road unsafe for drivers, our Arkansas car accident lawyers can help you get compensation. For a free case assessment, call our offices at (479) 316-0438.
How Road Construction Accidents Might Happen in Arkansas
Road construction often means that construction crews must tear up and repave parts of the road or highway. This might be because they are performing construction on the road itself or a structure alongside the road. Either way, the road may be severely damaged and unsafe to drive across. Typically, traffic is rerouted around these hazards, with warning signs placed along the road. In some cases, employees will stand with stop signs allowing rivers to pass when it is safe. If these safety reactions are not present or inadequate, the road construction company might be liable for an accident.
Even if the road is not under construction but a structure nearby, there might be debris on the road. Construction debris like concrete, chunks of pavement, nails, screws, or even large tools might be left on the road where drivers can hit them. An accident might occur because a driver hit the debris or attempted to swerve around it. In either case, the construction company should have taken better care to keep the road clear.
The roads should always be clear of people unless there is a crosswalk. When construction companies begin work, they will the road with construction crewmembers, making it a very dangerous environment. As mentioned earlier, there should be warning signs and barriers between traffic and crew members. Unfortunately, this is not always the case, and a crew member might walk into traffic, causing an accident. Our Washington County car accident lawyers can help you determine the precise cause of your accident and how you can get compensation for your injuries.
Understanding Liability in Road Construction Accidents in Arkansas
Lawsuits regarding accidents tend to be based on negligence. We must prove that the construction company’s behavior amounted to negligence in order to hold them liable for the car accident. Negligence comprises four important elements: duty, breach, causation, and damages. If even one of these elements cannot be established, you cannot win your case. Exactly what these elements look like will depend on your specific circumstances.
The first element, duty, is the defendant’s duty of care or legal obligation owed to the plaintiff. In a lawsuit against a road construction company, this duty is the construction company’s responsibility to keep the road safe for the public. This duty may include keeping the road free of debris, erecting adequate warning signs, and ensuring employees are trained in safety procedures.
The second element is the breach, which is the action or inaction by the construction company that violated its legal duty. Determining the breach can be somewhat difficult. You might know the road construction company messed up, but you are not entirely sure how. Some common examples involve failing to post warning signs about the construction, failing to reroute traffic, or performing construction without permits or authorization.
Third, you must connect the road construction company’s breach with the accident. The breach must be the direct cause of the accident. Otherwise, the road construction company might not be liable. To do this, our Springdale car accident lawyers can help you rule out other possible causes of the accident alleged by the defendant.
Finally, you must establish the existence of your damages. Proof of injuries, vehicle damage, pain, suffering, and more is necessary to prove your damages are real and not hypothetical.
Filing a Lawsuit Against a Road Construction Company in Arkansas
To start your lawsuit against a road construction company, our Rogers car accident attorney can help you draft and file your complaint. The complaint is an important legal document because it sets the tone for the rest of your case. The complaint is a formal document that must meet specific formatting and content criteria set by law and the court. Most importantly, the complaint must identify a legal cause of action or legal issue in dispute. If there is no cause of action, there is no case.
It might be a good idea to file a lawsuit if the accident left you with damages you cannot pay for on your own. You should not have to go into debt because of a road construction company’s negligence. You should also consider suing if your injuries were quite painful or left you with psychological trauma.
What You Need to Begin a Claim Against a Road Construction Company After an Accident in Arkansas
To begin your case, you need to be able to identify the defendant. This is not always easy in car accident cases because numerous other drivers and people might be involved. Determining how your accident occurred can shed light on who should be held liable. If the accident occurred because your vehicle hit some debris on the road, or you were confused by warning signs (or a lack thereof), the road construction company should be held liable.
Next, you need evidence to support your claims against the road construction company. A lot of evidence may come directly from the accident scene. Large pieces of evidence, like your damaged vehicles or heavy pieces of construction equipment, should be photographed. In fact, the entire scene should be photographed and recorded on video to preserve important detail.
Once we know what kind of evidence we have, our Greenland car accident lawyers can begin developing legal strategies to help you win your case and get compensation for your painful injuries. Each case is different and requires an individually tailored approach. How our team handles your case may depend on how much evidence we have, what the road construction company admits or denies, and the availability of witnesses.
Call Our Arkansas Car Accident Attorneys
If you were involved in a crash because a road construction company created a dangerous environment on the road or highway, our Fayetteville car accident lawyers can help you. For a free case review, call us at (479) 316-0438.