How is Liability Established After a Construction Site Car Accident in Indiana?

Construction sites in Indiana are inherently dangerous and often confusing for drivers passing through. Our lawyers are here to help car accident victims injured in a construction zone prove liability and recover compensation in a legal claim.

When establishing liability, it is important to determine who is actually responsible for bringing the accident about and who was responsible for the site’s safety. In many cases, negligent drivers cause these accidents by speeding, ignoring warning signs, and weaving through cones. Our team will also examine the general contractor’s liability since they are ultimately responsible for ensuring that a construction site is safe. Liability might also lie with a subcontractor working on the site if one of its employee’s carelessness caused the collision. If construction machinery is responsible for your injuries, we will investigate whether the manufacturer should be accountable for producing a defective product.

For a review of your case free of charge, contact Wruck Paupore’s construction accident attorneys in Indiana today at (219) 322-1166.

How Can I Determine Liability for a Car Accident on a Construction Site in Indiana?

To establish liability and recover compensation for a car accident on a construction site or while driving through a construction zone, our Indiana construction accident lawyers must first identify whose negligence caused it. If another driver hits you in a construction zone, they can be sued, but general and subcontractors might have also contributed by negligently overseeing the site. State and local government agencies might also be at fault if bad road conditions played a role. In some cases, defective vehicles and construction equipment lead to accidents for which manufacturers should be held liable.

Other Drivers

Negligent drivers are a common cause of construction site car accidents, as some will ignore the safety measures taken to keep both workers and other motorists safe. Speed limits are typically reduced just before and in a construction zone so that drivers are more observant and have the ability to stop if workers or equipment accidentally end up in the lane. If they ignore the speed limit change, they can crash into you while stopped in traffic waiting for the construction to clear.

Other drivers ignore warning and detour signs while driving through a construction zone. Perhaps they failed to see the road signs because they were texting, distracted by other drivers, or even intoxicated. Regardless, it is the driver’s responsibility to pay attention to the road, and they can be held liable in a legal claim when they fail to do what other reasonable people would do under the circumstances.

Impatient drivers are another significant danger in construction zones. Some would rather weave through traffic and safety barricades instead of waiting to move. Reckless driving like this can easily cause serious injuries and fatalities since they are driving into areas typically meant for workers, hitting them before they know what is happening. If our lawyers can establish their egregious misconduct in your claim, you might recover punitive damages meant to punish the driver’s impatience.

General Contractors and Subcontractors

An accident in a construction zone can happen without a driver acting negligently, such as when general contractors and subcontractors fail to implement the proper safety measures. Perhaps warning signs were never put up or lacked effective traffic control systems like workers on either end coordinating when to let traffic through the site.

In many cases, liability against the general contractor can be established since they have a duty to oversee the construction site’s overall safety. It is their responsibility to ensure that workers are trained, safety regulations are followed, and inspections are routinely conducted to maintain a safe work environment. When general contractors violate their duties, we can help file a claim against them.

Subcontractors, on the other hand, are typically hired by general contractors to work on a particular job on the construction site. As such, subcontractors are responsible for their employees and upkeeping equipment. If a subcontractor does not train an employee properly or fails to inspect a piece of machinery that causes a car accident, they can be sued. While reviewing their negligence, we will also investigate if the general contractor played a part in your accident and file a claim against both parties.

Independent Contractors

Independent contractors on a construction site could also be responsible for your accident, such as truck drivers delivering equipment and materials. Perhaps the contractor improperly loaded materials, causing them to spill onto the road. Or, they might have failed to perform routine maintenance on their vehicle that could have prevented an accident, like not replacing worn tires that later blew out and caused them to crash.

General contractors for the project are usually not liable for an independent contractor’s negligent acts. However, if the general contractor’s failure to use necessary safety measures contributed to the independent contractor causing the accident, we might be able to pursue them for damages, as well.

Government Entities

In some cases, certain government agencies might also be at fault for your injuries. For example, the Indiana Department of Transportation is generally responsible for the design and maintenance of the state’s highways and roads, including approving construction projects that impact drivers. If a government entity approved a construction plan that was flawed to begin with or never conducted site inspections, they should pay for their share of the damages they caused you.

Vehicle and Equipment Manufacturers

Construction zones use numerous vehicles, equipment, and machinery to complete their tasks. When construction vehicles and equipment malfunction through no fault of the operator, other drivers can be seriously injured. Or, your vehicle could have been defective in some way to cause the accident.

It is the manufacturer’s duty to ensure that the products they put on the market work as intended. Perhaps the manufacturer noticed a defect during production but did not want to incur the additional costs of addressing it. We can also help hold them liable if adequate instructions and warnings were not provided.

Call Our Construction Accident Lawyers in Indiana for Help Filing Your Claim Today

Call Wruck Paupore at (219) 322-1166 for a free case review with our Indiana construction accident attorneys.