Construction zones and highway work zones remain amongst the deadliest stretches of roadway in both Tennessee and throughout the country. These stretches of road are plagued with unexpected road obstructions, confusing detours and a multitude of driver distractions. Each year many workers working in construction zones suffer serious injury or wrongful death. What many people do not realize is that construction zones are even more dangerous for the motorists that are driving through construction zones as 85% of all fatalities in construction zone auto accidents involve drivers and passengers.
One of the factual challenges in litigating construction zone auto collisions is that there is no universal reporting system for construction zone accidents so determining a particular party’s knowledge of a particular hazard can be challenging. Despite a lack of an accurate comprehensive and accurate construction zone accident reporting system, it is estimated that a thousand people per year are killed in construction zone accidents with forty thousand more being injured. Tennessee construction zones and highway work zones remain among the most dangerous stretches of road for serious car collisions and trucking accidents, and give rise to serious litigation challenges for Tennessee construction zone accident attorneys. At Nahon, Saharovich & Trotz, we have been representing those who suffer serious injury or wrongful death in Tennessee construction zone accidents for over 20 years.
Construction zones are inherently more dangerous because they are often riddled with hazards including debris, construction equipment or workers in the roadway, confusing and sometimes conflicting traffic signs and signals as well as inconsistent regulations and safety standards. Although most states contain laws and regulations that govern safety issues and standards in construction zones, there is no national standard so safety practices and standards vary widely from state to state. Some of the most common hazards that result in Tennessee construction zone accidents include the following:
• Road Obstructions: Objects in the roadway are common in construction zones including heavy equipment, debris, cement barriers and even construction workers.
• A Lack of Clear Signs: It is often the case that sufficient signs are not posted to warn motorists and ensure that they clearly understand how to navigate safely through a construction zone. Even worse, it is common that construction zone signs are misleading because they are not updated as the situation changes. In the worst cases, poor or misleading warning signs or traffic control signals in a construction zone can not only fail to prevent car crashes but actually direct motorists into harms way.
• Limitless Driver Distractions: Whether it is bright orange signs or cones, signs flashing instructions to drivers, cement barriers obstructing roadways or other driver distractions, construction zones offer so much unanticipated visual stimulus that they can be overwhelming and confusing places for drivers. Distracted driving is one of the leading causes of all Tennessee car wrecks and commercial trucking accidents and few segments of road in Tennessee are more filled with distractions then construction zones and highway work zones.
While construction zones can be extremely dangerous for drivers, construction zone lawsuits pose a variety of special litigation issues that are not always present in a garden variety auto accident case. These challenges are often a result of the dynamic and changing environment in a construction zone. Issues that can be complex in a construction zone case include the following:
Accident Scene in Flux: Construction zones by their nature are constantly changing and evolving. This can mean that evidence critical to establishing liability or causation in a Tennessee construction zone accident case can suddenly be altered or worse disappear altogether. Even if the instrumentality or condition that caused the construction zone collision is only altered or modified, it may make it difficult for accident reconstruction experts to evaluate the causes of a serious work zone car accident.
Special Rules and Procedures for Suing a Governmental Entity: Construction projects often involve government entities. There are special rules and procedures that apply when suing for injuries partially or completely caused by a governmental entity. The time limits for initiating an action for damages against a governmental entity are also shorter so it is important to seek advice from an experienced Tennessee construction zone accident attorney immediately if you are involved in a construction zone accident.
Multiple Causation Issues: Tennessee construction zone accidents can often be the result from multiple factors and involve more than one responsible party. For example, a driver may drive too quickly through a construction zone and fail to follow detour cones or signs that are confusing or misleading. In this situation, the speeding driver, construction contractor, sub-contractors and a governmental entity may all have played a role in causing the Tennessee construction zone accident. Experienced Tennessee work zone accident lawyers will carefully investigate so that they can sort out all parties and types of conduct that contributed to the accident.
Tenuous Relationship between Responsible Parties: A construction zone project or work zone improvement can involve many parties including contractors, multiple sub-contractors, equipment suppliers, engineers and architects. The relationships between these responsible parties can often be complex involving independent contractor relationships or a claim of no relationship between the parties at all. Because some of the potential parties may be in a better position to pay a judgement or settlement because their business has more resources or better insurance, it can be important to establish the exact nature of the relationship between these potential responsible entities.
Expert Testimony and Complex Regulations and Safety Standards: Because of the complex myriad of causes and potential responsible parties that may contribute to a Tennessee construction zone accident, it is often necessary to use experienced construction zone industry experts. Our law firm typically works closely with industry experts in such cases. These experts will also be able to explain any Tennessee safety standards and regulations that may have contributed to the work zone accident and form a basis for liability.
If you or a loved one is involved in a construction zone auto accident or work zone car crash anywhere in Tennessee, the attorneys at NST Law can help you receive the full compensation to which you may be legally entitled. Nahon, Saharovich & Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas with the experience and resources necessary to fully investigate and help successfully resolve your Tennessee construction zone case. Nahon, Saharovich & Trotz, PLC is the largest plaintiff’s law firm in Tennessee that helps injured people recover compensation due to someone else’s negligence. Call us today for your free no obligation initial consultation with a Tennessee work zone accident lawyer at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com. No matter where you are in Tennessee, NST Law is just a phone call away.
