California Highway Construction Accident Lawyers
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Our California Highway Construction Accident Lawyers Legal Representation Centered On Your Needs
Highway construction zones pose risks to drivers, passengers, and workers. Accidents in these areas are more common than you might think, and they can lead to serious injuries and fatalities. If you are injured or a loved one was killed in an incident on these sites, Arash Law can help you explore your legal options. Our California highway construction accident lawyers can help you pursue potential compensation for your losses. Call us at (888) 488-1391 for a free initial consultation.
California’s busy highways are a testament to progress and interconnectivity. But behind the scenes of these massive infrastructure projects lies a dangerous reality: construction sites are high-risk zones for accidents and injuries. Lane closures, heavy machinery, and uneven surfaces increase the likelihood of traffic collisions, falls, and equipment-related incidents.
If you get injured due to these accidents, don’t let legal hurdles slow down your recovery. Focus on getting better, and let us handle the legal matters. We can listen to your story, explain your legal options, and work to protect your rights. Our highway construction accident attorneys in California are dedicated to pursuing just compensation for you under California law.
How California Highway Construction Accident Lawyers Can Help You
Our skilled lawyers can build an evidence-based case using their years of experience and knowledge of applicable local laws and regulations. Our California lawyers can review different angles of your highway construction accident to develop a legal strategy for you.
Here’s how highway construction accident lawyers can help:
- Calculate Your Losses — Your compensation would depend on how much you’ve suffered and the future implications of your injuries and losses. Our legal team can collaborate with medical and financial experts to come up with an amount that reflects your damages.
- Gather Evidence — Accident scenes are often chaotic, and crucial evidence can disappear quickly. Our skilled lawyers can help you preserve evidence like witness statements, accident reports, and construction site documentation to build a case for you.
- Determine Liability — Construction highway accidents may involve multiple parties, including contractors, government agencies, employees, and motorists. Our accident attorneys can help you identify who may be liable and work to hold them accountable for their negligent actions or inactions.
- Negotiate with Insurance Companies — Insurance providers often have vast resources and experienced negotiators at their disposal. Our California lawyers, who focus on highway construction accidents, can help you level the playing field. Our legal team can negotiate on your behalf or take your case to court if a settlement isn’t reached.
Accidents can lead to a wide range of losses, both tangible and intangible. There can be financial strain due to lost wages, medical bills to pay, and emotional and physical pain to endure. Our highway construction accident lawyers in California are dedicated to helping you get fair compensation for your losses under California law.
Why Hire Our Attorneys For Your Accident Case?
Our lawyers for highway construction accidents in California bring their legal background and commitment to advocate for your rights. Here are some benefits of hiring our lawyers:
- Protection of Your Rights — We understand how an accident and injury can affect you. We can help you pursue just compensation under California law and hold the negligent parties accountable.
- Customized Legal Support — We can guide you through the legal process and maintain regular communication. We can personalize our approach to address your specific needs and concerns.
- No Fees Unless We Win — We handle cases on a contingency fee basis, meaning you won’t pay any legal fees unless we recover compensation for you. This fee structure will be discussed during your initial consultation. You can focus on your recovery while our legal team works to get payment for your losses under California law.
You may fill out our “Do I Have A Case?” form to find out if you have a valid claim.
Frequently Asked Questions
Can I Still File A Claim If The Court Finds Me Partially Responsible?
California follows a pure comparative negligence system. Under this system, even if you were found partially at fault for an accident, you may still seek compensation.
However, any compensation you receive is reduced proportionally to your degree of fault in the accident. So, if you’re deemed 30% responsible, you can still recover 70% of your damages. For example, if the total damages are $100,000 but you’re found to be 30% responsible, you may still receive $70,000.
California’s pure comparative negligence system allows for compensation even when multiple parties share fault. Accident victims, even if they’re found partly responsible, have a path to justice. If you need help dealing with comparative negligence and determining fault percentages, contact our highway construction accident lawyers in California. We can help assess each party’s extent of fault and the potential impact on your claim.
How Long Do I Have To File A California Highway Construction Accident Claim?
Most construction accident lawsuits have a two-year deadline from the date of injury. However, if you’re suing a government agency, you only have six months to submit a claim.
Whether it’s a collision with construction equipment, a slip and fall, or any other accident related to highway construction, it’s good to act quickly. If you miss these deadlines, you may lose your right to seek compensation. Prompt legal action also ensures evidence is fresh and witnesses’ memories are intact. It also prevents stale claims and provides a fair process for both parties. Reach out to our California highway construction accident lawyers. We can help you file your claim on time and meet other legal deadlines.
How Much Do Highway Construction Accident Attorneys Charge In California?
Most California personal injury lawyers, including our highway construction accident attorneys, work on a contingency fee basis. In this arrangement, you won’t need to pay up front for their legal services. Instead, their fees will be based on the amount you recover. If you win, the attorney’s fee will be a percentage of your compensation, whether through a settlement or a trial verdict. Our lawyers can explain this fee structure so you’ll know what to expect.
$5,325,000.00
Our client was working as a window washer when he fell several feet while cleaning a gutter and sustained a traumatic brain injury as well as injuries to his spine. Our firm uncovered liability beyond workers’ compensation and secured a $5,325,000 global settlement on behalf of our client.– Arash Khorsandi
Common Types Of Highway Construction Accidents
Highway construction sites are busy hubs of activity where heavy machinery, skilled workers, and materials come together to build and maintain our roadways. However, this environment also poses significant risks, leading to a wide range of accidents. Here are some of the common types of highway construction accidents:
- Trip and Slip-And-Fall Accidents — Falls from heights, slips, and trips are frequent occurrences on highway construction sites. Uneven surfaces, debris, and unstable scaffolding contribute to these accidents.
- Struck-By Accidents — These accidents involve workers or pedestrians being struck by moving vehicles, equipment, or falling objects. Backing vehicles, swinging cranes, and loose materials can all lead to injuries and even fatalities.
- Electrocution — Electrical hazards arise from exposed wires, faulty equipment, or contact with power lines. Electrocution can cause severe injuries or fatalities.
- Caught-In/Between Accidents — Workers can get caught between heavy machinery, equipment, or materials. Trench collapses, machinery malfunctions, and entanglement incidents fall into this category.
- Vehicle Collisions — Construction zones are high-risk areas for car accidents. Rear-end collisions, sideswipes, and crashes with stationary objects (e.g., barriers or signs) occur frequently.
If you were injured in any of these incidents, California car accident lawyers can review the circumstances of your case. They can help you understand your legal options and the process involved.
How Do Highway Construction Accidents Happen?
Highways are the lifeblood of our transportation system, connecting cities, towns, and communities. Yet, the very process of building, maintaining, and improving these vital arteries can sometimes lead to unexpected dangers.
Here are the common causes of highway construction accidents in California:
Driver Error
Some highway construction accidents include car crashes caused by negligent drivers. Examples of critical errors made by drivers that contribute to these accidents are:
- Distracted Driving — Due to common driving distractions like using handheld devices, eating, or looking at navigation systems, drivers may fail to pay adequate attention to the road. In construction zones, where traffic patterns change frequently and lanes are narrow, distracted driving can lead to collisions with construction vehicles, workers, or barriers.
- Speeding — Exceeding the speed limit can reduce a driver’s reaction time and increase the severity of accidents. Construction zones often have reduced speed limits for safety reasons. Failure to adhere to these limits can result in collisions, especially when there are unexpected obstacles or lane shifts.
- Driving under the Influence — Construction zones require constant vigilance. Every twist and turn, every merge, and every lane closure demands split-second decisions. Alcohol and drugs significantly impair judgment, reaction time, and coordination, exponentially increasing the risk of accidents.
Construction Debris Or Road Materials
Debris and road materials left behind during and after construction can create hazards for workers and motorists. Additionally, potholes, uneven surfaces, or loose gravel can cause drivers to lose control of their vehicles.
Construction Vehicles
Moving work vehicles, such as dump trucks, graders, or asphalt pavers, in and out of construction areas poses risks. Regular drivers must exercise caution and yield the right-of-way to these large vehicles.
Manufacturing Defects & Equipment Failure
Defective components, from faulty brakes to malfunctioning steering systems and failing hydraulic or lifting mechanisms, can all lead to heavy machinery-related accidents. They could cause equipment to lose control, collide with vehicles or workers, or even overturn. Also, defective tires might explode, causing the equipment to veer off course or lose control, potentially triggering a chain reaction of accidents.
Changing Traffic Patterns
Highway construction zones tend to alter traffic patterns around and beyond the area. Lanes may shift, merge, or close temporarily. Drivers who are unfamiliar with these changes or fail to follow signage can cause accidents.
Common Injuries In A Highway Construction Accident
From minor to fatal ones, here are some of the injuries our lawyers commonly see after a highway construction accident in California:
- Spinal Cord Injuries — A traumatic impact or fall can damage the spinal cord and lead to partial or complete paralysis. These injuries can affect mobility, sensation, and overall quality of life.
- Traumatic Brain Injuries (TBIs) — Highway construction accidents could result in head injuries, ranging from mild concussions to severe brain damage. Symptoms may not appear immediately, so it’s crucial to seek medical attention promptly.
- Burn Injuries — Exposed wiring, welding sparks, or chemical accidents can lead to burn injuries. Burns can range from minor to severe, affecting the skin layers and underlying tissues.
- Fractures — Falling objects, equipment malfunctions, or vehicle collisions often cause broken bones. The severity varies depending on the location and type of fracture. In the worst cases, it could lead to an amputation.
- Ligament or Muscle Tears — Sudden movements or heavy lifting can strain ligaments and muscles. These injuries may not be immediately apparent, but they can lead to chronic pain and limited mobility.
- Stroke & Heart Attack — High-stress environments, physical exertion, and exposure to extreme temperatures can trigger strokes and heart attacks.
- Neck & Shoulder Injuries — Sudden impact or lifting of heavy objects can strain neck muscles or damage shoulder joints. These injuries may require extensive rehabilitation.
- Knee Injuries — Slips or falls on uneven surfaces can lead to knee injuries. From ligament tears to dislocations, these injuries can impact mobility and daily life.
- Wrongful Deaths — In the worst case, accidents can take away lives.
Getting injured or losing a loved one due to unsafe conditions or another person’s negligence can be devastating. Our highway construction accident lawyers can help you seek fair compensation under California law.
Involved Parties In A Highway Construction Accident In California
Highway construction accidents often involve multiple parties. Understanding their responsibilities and potential liability is important if you’re seeking compensation for your losses. After sustaining injuries and other damages, our California highway construction accident attorneys can guide you through the claims process and help assess potential liability.
Construction Worker
Construction workers are on the front lines of building and maintaining our roads. As a result, they face significant risks while working near traffic. Injuries can occur due to vehicle collisions, falling debris, or unsafe conditions.
If you’re a worker injured in a construction zone, you may be entitled to workers’ compensation benefits. If a third party, such as a negligent driver, caused the accident, you can also pursue a personal injury claim.
Workers’ Compensation In California
Workers’ compensation is an insurance program that provides benefits to employees who suffer work-related injuries or illnesses. It operates on a no-fault system, which means you don’t need to prove that your workplace injuries were someone else’s fault. You can directly seek compensation through the program.
Workers’ compensation covers almost all employees, including those who are full-time, part-time, and temporary. Furthermore, California law doesn’t discriminate based on an individual’s immigration status or whether or not they are lawfully employed. The Labor Code § 3351 guarantees equal access to benefits.
Here are some of the benefits covered under workers’ compensation:
- Medical Treatment — All necessary medical care related to your injury is covered, including doctor visits, surgeries, and medication.
- Temporary Disability Benefits — If your injury prevents you from working, you may request weekly payments equal to two-thirds of your average pre-injury wages.
- Permanent Disability Benefits — If you have lasting impairments from your injury, you may be eligible for ongoing payments based on the severity of your disability.
- Vocational Rehabilitation — If your injury affects your ability to return to your previous job, you may be eligible for retraining or job placement assistance.
Motorists
Drivers are often at the forefront of highway accidents. Whether they collide with construction equipment, fail to follow detour signs, or speed through work zones, their actions can lead to serious injuries. If you are injured in a highway construction accident due to a negligent driver, their insurance policy may cover your medical bills, lost wages, and other damages.
Safety Inspection Companies
Safety inspection companies play a crucial role in ensuring compliance with safety regulations during highway construction. They assess construction sites, equipment, and procedures to identify potential hazards. If inspection companies fail to detect safety violations or adequately address risks, they could share liability for the resulting accidents. In such cases, you may seek compensation from these companies for your injuries and losses.
Local Government Entities
Government agencies, such as state transportation departments, approve project plans, allocate funding, and oversee safety compliance. When accidents occur, these agencies may face liability if they didn’t adequately address hazards or failed to implement necessary safety measures.
Compensation For Highway Construction Accidents
Compensation goes beyond simply recouping financial losses; it’s about pursuing the resources you need to rebuild your life after a traumatic event. It can help you access necessary medical care and address any long-term impact on your earning potential. Ultimately, it’s about supporting your recovery and helping you move forward.
Here are the different types of damages victims may be eligible to recover:
Economic Damages
These are the tangible financial losses resulting from an accident. These include:
- Medical Expenses — Compensation for hospital bills, surgeries, medications, and rehabilitation
- Lost Wages — Reimbursement for income lost due to time off work during recovery
- Property Damage — Repair or replacement costs for damaged vehicles or belongings
Non-Economic Damages
These damages are more difficult to quantify since they address intangible losses, such as:
- Pain and Suffering — Compensation for physical discomfort, emotional distress, and trauma
- Emotional Distress — Reparation for the mental anguish caused by the accident and its aftermath
- Loss of Enjoyment of Life — Compensation for the inability to participate in activities you once enjoyed
Punitive Damages
Depending on the specific circumstances of your accident, the court may also award punitive damages. They are rarely awarded, and they don’t serve to compensate the victim. These damages act as a deterrent and punishment for the responsible party because of their particularly reckless or malicious actions.
If you’re injured in a highway construction accident, consulting with experienced California attorneys can help you understand your legal options and assess the potential scope of your claim. They can review the circumstances of your case and help you evaluate the factors that may affect your recovery.
How Do I Prove Liability In A Highway Construction Accident?
Demonstrating negligence is essential in a highway construction accident claim. This legal concept refers to a failure to exercise reasonable care, resulting in harm to another individual.
To prove negligence, our California highway construction accident attorneys must establish these four elements:
- Duty of Care — Does the responsible party (driver, government agency, etc.) have a legal obligation to keep you safe? This duty involves adhering to safety regulations, keeping proper signage, and maintaining the work zone in a reasonably safe condition.
- Breach of Duty — Did they fail in that obligation? Some examples of this breach of duty include reckless driving, inadequate warning signs, faulty equipment, or even negligent actions by construction personnel.
- Direct Causation — Did the breach directly cause your accident and subsequent injuries? Evidence is critical in this aspect. Accident reports, witness statements, and medical records can help establish a clear link between the breach and your injuries and losses.
- Damages — Did you suffer financial losses (medical bills, lost wages) or physical and emotional harm due to the accident? Quantifying these losses can strengthen your claim and demonstrate the extent of your suffering.
Determining liability can be a complicated process. Experienced California highway construction accident lawyers can guide you through each step and help you build your case.
Caltrans’s Role In Safe And Efficient Highway Construction
The California Department of Transportation (Caltrans) plays a crucial role in both highway construction and maintenance. The agency oversees and manages highway construction projects throughout the state. During construction, Caltrans monitors progress, quality, and adherence to specifications. They ensure compliance with safety regulations, environmental guidelines, and contractual terms.
Caltrans owns or controls 350,000 acres of right-of-way and maintains 15,133 centerline miles of highway. They also oversee the maintenance of 13,063 state highway bridges and inspect more than 12,200 local bridges. Maintenance tasks include addressing potholes, managing encampments in the state right-of-way, removing graffiti, controlling litter, and ensuring proper signage.
Work Zone Safety Measures For Construction Sites
When it comes to construction work on public infrastructure such as roads and highways, safety provisions are paramount. The following measures not only protect workers but also ensure the safe and smooth flow of traffic.
- Strategic Signage Placement — Clear and visible signage plays a crucial role in guiding motorists around construction sites. Whether it’s a lane closure, detour, or reduced speed zone, well-placed signs inform drivers in advance and help prevent confusion.
- Traffic Control Personnel — There should be trained personnel directing vehicles, enforcing speed limits, and ensuring safe passage through work zones. Their presence helps prevent collisions and maintain order during construction activities.
- Temporary Barriers and Cones — Physical barriers, such as cones, barricades, and jersey barriers, create a buffer between construction areas and traffic lanes. These barriers prevent accidental intrusions and protect both workers and drivers.
- Nighttime Safety Measures — Construction projects often extend into nighttime hours, so proper lighting is critical during these times. Well-lit work zones enhance visibility, allowing drivers to navigate safely. Reflective materials on signs, clothing, and equipment further improve nighttime safety.
California Highway Construction Accident Statistics
Highway construction zones, where infrastructure improvements take place, are essential for maintaining safe and efficient transportation. However, they can also be hotspots for accidents, as shown in these key statistics:
- According to the Centers for Disease Control and Prevention (CDC), there were around 96,000 work zone crashes in 2022. These accidents resulted in approximately 37,000 injuries and 891 fatal injuries.
- In 2022, there were 504 fatal work injuries in California, according to data from the Bureau of Labor Statistics (BLS). Five of these involved pedestrians who were hit by a car in a work zone.
- According to the Federal Highway Administration (FHWA), there were 821 fatal work zone traffic crashes in 2022, which led to 891 fatalities in total. Rear-end collisions made up 21% of these crashes. Additionally, speeding contributed to 34% of these fatal accidents.
- According to a survey by the Associated General Contractors of America (AGC) in 2022, 64% of companies involved in highway upgrade projects have had cars crash into their work zones.
Schedule A Consultation With California Highway Construction Accident Lawyers
If you or a loved one is injured in a highway construction accident, you don’t have to bear the burden alone. Our experienced California highway construction accident attorneys can provide legal guidance. We understand how these accidents can affect you, and we’re committed to pursuing fair compensation for you under California law.
Arash Law, led by Arash Khorsandi, Esq., has helped previous clients obtain compensation. From negotiating with insurance companies to representing you in court, we can assist you. You won’t pay any legal fees unless we recover compensation through a settlement or award. During your initial consultation, we can explain our fee structure and any potential case-related costs.
Call us at (888) 488-1391 or complete our online form for a free case review. Our highway construction accident lawyers provide legal services throughout California, including its major cities and counties: Sacramento, Los Angeles, San Diego, San Francisco, Fresno, Anaheim, Long Beach, Oakland, Riverside, Kern County, Sutter County, Alpine County, and San Bernardino County.
