Construction zone car accidents in Maryland are devastating for a host of reasons. Perhaps the first thing that comes to mind is the construction worker’s health, safety, and family. That person is working hard to provide for his family. He has chosen an honorable profession and is doing the right thing. Whether it is snowy in Maryland or blistering hot, they build the infrastructure we sometimes take for granted. As a society, we have a duty to protect not just construction workers but anyone on the side of the road. When on the highway, there are laws to protect construction zone workers, particularly against any driver negligence. Unfortunately, this does not always occur.
Of course, on the other side of construction zone car accidents in Maryland, simple negligence occurs between drivers that result in car accidents. You might wonder how these accidents are different, given that there are unique rules governing construction zones. We will examine Maryland laws specifically applicable to construction zones, how they protect construction workers, and how those laws may apply to you while behind the wheel. Of course, these laws exist for good reason. The injuries that can occur when a car strikes a construction worker are likely to be fatal. Between the chaotic environment on a Maryland highway, the limited space available in tight lanes with cones on either side, and the changing traffic patterns, these accidents are difficult to avoid and incredibly dangerous.
Contact an attorney immediately if you find yourself on either side of a construction zone car accident in Maryland.
There are countless causes of construction zone car accidents in Maryland. Similar to a school zone, a construction zone becomes more dangerous when drivers are distracted. Drivers know better than to text on their phones while behind the wheel. Yet, statistics continue to show not just how dangerous it is but how ubiquitous it is throughout Maryland. Of course, texting and driving is not the only distraction for drivers. Even if a driver is speaking to a child in the backseat, talking about dinner plans, that is a distraction. We cannot advise you to avoid all conversations in the car. Just understand the risk of averting your attention from the road, even for a moment.
Traffic pattern changes are unique to construction zone car accidents in Maryland and are cause for caution. When you notice a change in the traffic pattern, you may notice reduced lanes, temporary signage, and the requirement for sudden lane changes. To follow these traffic patterns appropriately, it may be necessary to slow down to process the rules of the road. This may be a road you are generally very comfortable on and have driven thousands of times. However, this false confidence can lead to an accident. And if you have a sense of comfort on a road that has recently changed its traffic pattern, chances are, the other drivers feel that way, too. Accordingly, it is of the utmost importance to remain diligent.
Moreover, traffic pattern changes can also refer to speed limit reductions. If you fail to slow down, you may be unable to control your car and keep it within the lanes. While this sounds easy, construction zones are notorious for having narrower lanes. Further, some objects may be sticking into your lane that should not be. Of course, this is a risk to you and the people in your car. If this happens, you may have a claim against the construction company. If it is a Maryland state crew, certain notice requirements may apply. Accordingly, contacting a Maryland car accident attorney immediately is critical to preserve your right to make a claim.
Construction zone car accidents in Maryland see two categories of injuries. First, construction zone employees sustain injuries. They may make two claims no matter the type of injury they sustain. First, as long as they work within the course and scope of their employment, they may make a worker’s compensation claim. Second, they can make a personal injury claim against a negligent driver. However, if it is not a car accident but a mere injury due to his negligence or the negligence of a coworker, the only claim available would be a worker’s compensation claim. The second category of injuries we observe is in car versus car accidents. A construction zone car accident is often due to a sideswipe. A sideswipe is when one car’s side collides with the side of another car.
Many of the injuries in this type of accident are consistent with other accidents. These common injuries include whiplash, neck injuries, back injuries, and fractures. Another common injury type that is unique to this accident type, especially in construction zones, is when a driver or passenger’s head slams against the car window. This can cause lacerations that require stitches and immediate medical attention. In addition to physical injuries, victims from both categories suffer emotional injuries. When diagnosed, these are fully compensable as they relate to the accident. For a construction worker, post-traumatic stress disorder from such a harrowing incident is understandable. Even for a driver, when the accident is not your fault but you see a construction worker injured in the accident, you are involved in any way, and you, too, may suffer PTSD. This, too, is compensable.
Over a four-year period, there were 7,193 work zone-related crashes in Maryland, 2,769 of which injured people. Of those 2,769, 44 lost their lives. Of those 44, 22 were motorists, and 22 were construction workers. The law attempts to combat these statistics by raising fines in construction zones. Moreover, there is often more police presence in these zones to protect workers and motorists alike. However, the burden falls on us to protect each other. Every driver must remain diligent behind the wheel.
Whether you are a construction zone employee or a motorist traveling through a construction zone, you are entitled to compensation for your damages so long as you are not at fault for the accident. If you are even 1% negligent in causing the accident, you cannot make a claim in Maryland due to the doctrine of contributory negligence. Notably, there are some exceptions to this rule. A Maryland accident attorney at Gelb & Gelb can help identify an exception if one fits the facts of your case. Construction zone car accidents in Maryland allow for two types of damages if you successfully establish liability against the defendant.
The first is special damages. This covers all economic costs you must pay because of your injuries. This can include, but is not limited to, lost wages, loss of future earning capacity, medical expenses, and future medical costs. The second category is general damages. This is your pain and suffering. As the name suggests, this is a broad category to cover any pain and suffering you undergo due to your injuries.
If you are in a construction zone car accident in Maryland, it is critical to speak to an attorney immediately.
Contact the attorneys at Gelb & Gelb today for a free consultation and case evaluation. Call our office at (202) 331-7227.