Although we all want to see our roadways maintained and updated on a routine basis, the construction activities that are required to accomplish these tasks can create major hazards. This is especially true in high traffic areas or segments of an interstate that are prone to rush hour traffic. There are numerous safety regulations that govern how construction workers must establish a work site and which precautions they must use to ensure that passing traffic is well aware of the hazards, but these measures are not always enough to prevent accidents from happening. Distracted drivers, speeding, tailgating, and severe weather can cause accidents to occur in construction zones despite these protections. At the Hartsoe Law Firm, P.C., dedicated Knoxville car accident attorney Mark Hartsoe has assisted many Tennessee residents with bringing a claim against a person or entity that caused their harm.
Seeking Compensation after an Accident at a Construction SiteIn this type of case, you must establish that the other driver failed to operate his or her vehicle with the same ordinary care and skill that a prudent and reasonable motorist would have used under the same conditions. This is known as the duty or standard of care. Drivers must adapt their driving to meet special conditions including construction zones.
Reasonableness may be determined in many ways, including by reference to any traffic laws or regulations that the defendant may have violated at the time of the accident. Also, in an accident involving a construction site, the company or government entity responsible for maintaining the site may be liable for creating a hazard on the roadway by failing to follow the rules governing how these sites must be erected and maintained. It could be the case that another driver and the construction site contractors are jointly or partially responsible for the accident.
After showing that one or more defendants breached the duty of care, the plaintiff must tie this breach to his or her losses. This means showing that he or she would not have been hurt if the defendant had met the applicable standard of care. Establishing causation in a motor vehicle accident can be complicated, and it frequently requires consulting an experienced accident reconstructionist who can explain the sequence of events that likely occurred. It is critical to immediately contact an experienced lawyer like Mark Hartsoe so that important site evidence is preserved.
If the duty, breach, and causation elements of a negligence claim are established, the final element of damages requires the plaintiff to demonstrate the types of costs and losses that he or she has endured. A wide range of economic and non-economic damages may be available, such as medical bills, physical therapy costs, lost wages, loss of earning capacity, pain and suffering, disfigurement, disability, loss of enjoyment of life, and property damage.
Car Accident Attorney Serving Knoxville and the Surrounding AreaIf you or someone you love has suffered injuries in a car accident, you may be entitled to compensation. Being involved in a crash can be a sudden, unexpected, and devastating event. Victims should consult a motor vehicle collision attorney without delay. Knoxville car accident lawyer Mark Hartsoe is ready to put his skills to use for you. Call the Hartsoe Law Firm at 865-804-1011 or contact us online to set up a free consultation.