In Florida, highway construction zones can present a deadly danger to drivers, pedestrians, and construction workers alike. This danger is due to excessive speeding, extensive traffic congestion, and annoyed drivers.…
Lawyers for Construction Zone Car Accidents in Miami
If you or a loved one were injured in a car accident or collision within a construction site or near a construction site in Miami, then you will probably need to speak with a lawyer who has experience handling car accident claims. It can be extremely difficult to focus on being compensated for your injuries when you are still trying to heal. Additionally, dealing with insurance claims adjusters and attorneys can be overwhelming. Consult with an experienced Miami car accident lawyer today for assistance in getting you the compensation you deserve.
Statistics: Construction Zone Car Crashes
In Florida, road construction zones can present a deadly hazard for drivers and pedestrians alike. This hazard is brought about by high-speed limits, widespread traffic congestion, and irritated drivers. The majority of victims killed in car accidents in construction zones are drivers or passengers; however, 15% are non-motorists, including pedestrians, bikers and construction workers. Common accidents that occur in construction zones include rear-end crashes, sideswipe collisions, and fixed object collisions. Construction zones are usually marked by roadway signs or orange cones. In fact, constructions zones will usually have roadway signs in advance to warn motorists when they enter and leave the work zone. Construction zones are also called “Cone Zones,” portions of the highways marked by cones, barrels, and signs. Even though they are marked and signposted as areas where motorists must slow down and drive with extra caution, many drivers speed up to get through the construction area as quickly as possible.
Car Accidents Caused by Construction Zones
In Miami, highways, expressways and major traffic areas are often undergoing construction. Due to erections in the road, truck traffic, construction cones and other machinery present in construction zones, construction sites tend to be more dangerous than other areas. This causes construction zones to be associated with a higher number of car accidents. For example, a reduction of lanes may lead to slower traffic for those that do not notice the change or do not properly adapt to it.
Narrowing of lanes may cause scraping on the sides of vehicles when a driver is not paying attention to the road ahead. Additionally, detours may cause drivers to get confused or frustrated, leading to car crashes. Generally, any obstacles on the road can cause accidents. As is common with many other types of automotive accidents, distracted driving is sometimes to blame for construction zone accidents. Additionally, drivers may be exceeding the adjusted speed limit for the construction zone, leading to an accident. Keeping a proper lookout for dangers can sometimes help avoid these common collisions.
Below is a list of some of the most common causes of construction zone car accidents:
- Inadequate signage and lighting
- Improperly posted cones
- Debris or equipment left on the roadway
- Open manholes
- Sudden, unexpected detours
- Uneven road surfaces
- Improperly marked or uneven lanes
Who is at Fault When a Car Accident Occurs in a Construction Zone?
If you wish to pursue a lawsuit after being involved in a construction zone car accident, it can be a bit complicated since there are so many parties who may be responsible for your injuries. There are also varying degrees of immunity which may apply. Because every accident is different, it is impossible to determine who is at fault in causing the wreck without a thorough investigation of the facts leading up to the accident. In a typical, non-construction zone accident case, one or more drivers are often found to be at fault. An accident that takes place in a construction zone is different, because the construction company or the state may also be liable for the accident, either in whole or in part. In some cases, it may be proven that the construction zone did not meet specific industry-wide safety standards. For example, the construction company or the state may not have properly set up a detour, or they may have restructured the lanes too tightly.
Road Construction Car Accidents: Who is Liable?
Construction zones can be confusing, and oftentimes the way an area is set up or a worker’s negligence is the cause of an accident. Lack of warning signs, erratically parked heavy equipment, and randomly placed tools, materials and barriers can all cause driver confusion, which may result in unpredictable driving behaviors. For instance, a driver may be driving along in what he or she assumes is their lane. Suddenly, due to poorly spaced cones, they become unsure of which lane is theirs. They jerk their wheel to the left and unwittingly sideswipe the vehicle coming up behind them.
Additionally, accidents may also occur because of the construction equipment itself. Slow moving or idling work vehicles with missing or inadequate warning lights can cause rear end collisions. Heavy equipment may back into the road; while the driver fully expects oncoming traffic to stop for them, it does not always work out that way. Bright lights, meant to help workers perform their job, may accidentally blind oncoming traffic. When accidents are caused by any of the above, the construction crew could be held liable.
Compensation Available to Construction Zone Car Accident Victims
Car Accidents in construction zones can leave drivers with serious injuries. These injuries can vary from minor whiplash injuries to permanent disability or death. Thankfully, a significant number of people injured in car accidents each year are able to make a full recovery but in order to do so in the shortest time possible it is normal to require a period of therapy, specialist treatment or other type of medical assistance under the supervision of a doctor.
Damage to Property (Your Vehicle):
If there are any items belonging to you that were damaged in a construction zone car accident, you will be able to include them in your claim for their repair or replacement as personal property.
Lost Wages and Loss of Employment:
If you had to take time off work as a result of injuries you sustained in a motor vehicle accident, you will be entitled to claim for these. When answering the question as to whether PIP or work comp pays your lost wages claim, the proper answer is: BOTH. Although work comp will pay from 662⁄3% to 80% of your claim for lost wages, the PIP insurer is required to supplement the workers’ compensation benefits until the PIP insurer has paid its policy limits. Therefore, you are entitled to 60% of the lost wages not covered by workers’ compensation, and the recovery is capped at $10,000. Stated somewhat differently, you are entitled to a wage claim from PIP to the extent that your lost wages exceed the reimbursement from workers’ compensation, to be paid by PIP your PIP policy limits are exhausted.
Damages Available after a Construction Zone Car Accident
If you or a loved one sustained injury in a construction zone car accident, medical expenses and treatment can really start to add up. It is crucial for you to understand that you may be able to recover compensation for your injuries from the at-fault party. At Suarez & Montero, we make sure to identify all possible forms of compensation. Our attorneys will explain all of your options in regard to suing others for your medical expenses and other damages after an accident. For instance, if you were involved in a head-on accident while working, you may be entitled to workers’ compensation. Vice versa, if the driver who caused your injuries was working for a company at the time of the crash, you may be able to sue the company for your injuries.
Damages in head-on car accident cases fall into two broad categories which are generally described as economic and general non- economic. Economic damages are, generally speaking, out-of-pocket damages. They are damages that can be measured and calculated, and they are typically represented by expenses actually incurred or those which can be reasonably anticipated in the future. Economic damages are easier to calculate accurately because documents and medical bills and records are used to determine the amount of damages and prove them. On the other hand, non-economic damages compensate injured victims for both physical and mental losses. Non-economic damages usually include the physical and emotional distress resulting from the accident that affects a person’s very quality of life. These are commonly stated to as damages for pain and suffering and mental anguish. Noneconomic damages may include significant and permanent loss of an important bodily function; permanent injury within a justifiable degree of medical probability, other than scarring or disfigurement; and permanent scarring or disfigurement. Types of Non-economic Damages include physical pain, mental anguish, disability, disfigurement, loss of enjoyment of life, inconvenience, and loss of consortium.
Call our Lawyers to Discuss Your Construction Zone Car Accident
Understanding Florida law and a personal injury case are best left to the experts. Factors such as the state’s no-fault law when it comes to insurance and medical expenses are tricky. Navigating the legal process alone is confusing and downright stressful. When you’re involved in a car accident or another crash caused by negligent driving, talk to a car accident attorney about your options going forward. There is no replacement for quality legal advice after being involved in a car accident. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different.
The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:
Frequently Asked Questions
Florida law requires all auto accidents be reported to the police before those involved in the accident left the scene. You are required to wait until a police officer arrives at the scene, conducts an investigation, collects basic details from all parties and passengers involved, and notes down personal information such as car and insurance details. Within one week, the officer is required to write an official police report that generally includes detailed information about the facts of the accident. However, in the case of a fatality, an official police report or homicide report could take months to prepare. Police reports typically indicate which road user was at fault, so obtaining your own copy is an important step toward protecting your rights and financial interests in the aftermath of an accident.
In Florida, there are two important deadlines you should be aware of when it comes to car accident claims. After you submit your car accident claim, the insurance company has 14 days to respond to your claim and 90 days to either pay your claim in full, pay your claim in part, or deny your claim under Florida law.
Never give a recorded statement to any insurance company adjuster without first consulting with a Florida personal injury attorney. Questions will be asked regarding the color of the traffic light or speed on impact that can often haunt you if the claim ends up in front of a jury. Without the assistance of a lawyer preparing you, not to lie, but to understand the question, you can inadvertently make a statement that can destroy your chance to obtain fair compensation.
You can recover compensation for your damages with your personal injury protection (PIP) policy and your Uninsured/Underinsured Motorist (UM/UIM) coverage. We can help you file your PIP claim and review your auto insurance policy to determine if you have UM/UIM coverage.
Do not accept a settlement on the spot. Some Florida car accident insurance companies send adjusters right to the scene of a crash with a checkbook in hand. Settling your claim without first consulting with a personal injury lawyer might cost you the full value of compensation you would otherwise be entitled to.