Roadside construction work is necessary to ensure Albuquerque’s roads and highways are safe and properly maintained. Unfortunately, these projects can pose a risk to drivers and workers. Every year, victims suffer serious injuries and die in work zone collisions throughout New Mexico. If you or someone you love gets involved in a work zone crash, you may be entitled to financial compensation.
What Is a Work Zone Collision?
A work zone collision is a car accident that takes place in a work or construction zone; generally, that is on or near a roadway. The New Mexico Department of Transportation keeps track of all active road construction projects in the state. Work zone projects can provide important safety updates, such as widening narrow corridors and resurfacing damaged roads. However, they can also present crash risks and hazards for workers and motorists.
How Common Are Work Zone Accidents?
According to the U.S. Department of Transportation’s Federal Highway Administration, there were 821 fatal work zone crashes in 2022. This was a 7 percent decrease from 2021. These collisions resulted in 891 deaths, most of whom were drivers and passengers (742). In addition, at least 37,701 people were injured in work zone crashes in 2022.
Here is a breakdown of where these accidents took place:
- Arterial roads: 405
- Interstate highways: 321
- Collectors: 63
- Local roads: 32
The majority of work zone accident deaths in New Mexico in 2022 occurred in construction zones (528). Each year, approximately 85 percent of people killed in work zone collisions are motorists. Roadside construction sites can contain many factors and elements that increase the risk of auto accidents.
Top Causes of Road Work and Construction Zone Accidents
In Albuquerque, accidents that occur in work zones on local roads or major highways, such as I-25 or I-40, are often preventable. They happen when someone is negligent, or fails to use proper care. This term can apply to multiple parties in a work zone crash, including the company or government agency supervising the work zone and a motor vehicle driver.
Common causes of work zone accidents in Albuquerque include:
- Dangerous road surfaces
- Loose gravel or rubble
- Uneven shoulders
- Workers and machinery too close to the road
- Lane closures or narrowed lanes
- Confusing or poorly marked detours
- Improper signage
- Slow-moving traffic or sudden stops
- Speeding in a work zone
- Poor visibility
- Distracted driving
- A lack of designated paths for bicycles and pedestrians
Construction and utility companies have a responsibility to identify and address accident risk factors. They have an obligation to reasonably ensure the safety of their workers and the general public. If they ignore their responsibilities and fail to maintain safe work zones, accidents can occur.
Types of Work Zone Accidents
Work zone collisions can injure all types of road users, as well as workers at the site. While any type of motor vehicle collision could potentially occur at a work zone in Albuquerque, certain types are more common than others.
They include:
- A motor vehicle striking a roadside worker
- A vehicle hitting a fixed object, barrier or piece of equipment
- A rear-end collision due to congested traffic
- Head-on collisions due to confusing detours
- Single-vehicle accidents from road defects or obstructed visibility
- A bicycle or pedestrian accident while crossing through a work zone
Drivers, vehicle passengers, cyclists, pedestrians, utility workers, construction workers and others could all be injured in work zone accidents. If one or more parties failed to make the roadside work zone as safe as possible for everyone involved, these parties can be held liable (financially responsible) for a subsequent accident.
Work Zone Accident Liability in Albuquerque
Determining liability for a work zone accident in Albuquerque will require an investigation into the circumstances of the crash. If someone was negligent in the moments leading up to the collision, he or she will most likely be held liable for the wreck.
If an investigation finds that a driver violated a traffic law or drove recklessly in a work zone, for example, that driver’s insurance company will be responsible for paying for a victim’s bills and losses. If a construction company should have done more to ensure a safe worksite, it could be held liable, instead.
Potentially liable parties in a work zone accident case include a motor vehicle driver, construction company, utility company, government entity, contractor, property owner or manufacturing company. An attorney can investigate your accident to determine fault and collect evidence against one or more defendants.
What to Do After a Work Zone Collision in Albuquerque
If you get into a work zone accident, take the following steps to help protect your physical well-being and financial future:
- Check yourself for injuries and seek medical attention immediately.
- Notify the authorities of the accident by contacting the police.
- Report the work zone accident to the company in charge of the site.
- Write down a description of the incident and the names of everyone involved.
- If there are any witnesses at the scene, gather their information.
- Take photographs of the scene of the accident before you leave.
- Follow your doctor’s treatment orders while you recover from your injuries.
- File an insurance claim against the party you believe to be at fault.
- Do not give an insurance adjuster a recorded statement or accept the first settlement offer.
- Contact a work zone accident attorney in Albuquerque for legal advice.
Your main goals after a work zone accident in Albuquerque should be to protect your health and document the crash for insurance purposes.
Seeking Justice for a Work Zone Crash in Albuquerque
After a harmful work zone accident in Albuquerque, you may be able to file a claim against one or more parties for contributing to the crash. It is important to realize, however, that the insurance company that receives your claim will not want what is best for you. It is up to you to protect your rights with actions such as hiring an Albuqerque personal injury lawyer.
A lawyer can help you prove your case using clear and convincing evidence, such as an accident report, eyewitness statements and testimony from hired experts. A lawyer can take over settlement negotiations with an insurance claims adjuster to fight for a fair value based on an accurate calculation of your damages. An attorney also has the power to take your case to court, if necessary, to collect maximum compensation.
For more information about a specific work zone collision case in Albuquerque, contact The Fine Law Firm to request a free consultation with an attorney.