There is more construction than ever throughout Houston as the city continues to implement its Vision Zero plan to fix and reconfigure high-injury roadways.
While these efforts will reduce the number of accidents in Houston, the increased construction introduces an additional risk to drivers in the present.
Across Harris County, the Texas Department of Transportation reported 1,900 total crashes within work zones. Of those, there were 12 fatal crashes and 13 fatalities. The remaining number of crashes resulted in hundreds of injuries and even more non-injury crashes.
As a whole, Texas is the number one state in terms of work zone accidents, according to the National Safety Council (NSC). During the most recent year reported, there were 203 fatalities in work zones.
Moreover, the Federal Highway Administration reports that there were 891 fatalities in construction zones in the U.S. Arterial roads had the highest rate of work zone crashes (405), followed closely by those on interstates (321).
Speeding, commercial vehicles, and rear-end crashes were the most common types of accidents.
Texas Laws and Safety Measures Drivers Must Follow in Construction Zones
Construction areas require motorists to be more vigilant and aware of workers and their surroundings.
To help reduce the risk of accidents, there are several laws and safety measures that drivers must follow when passing through a work zone. Some of these include:
- Reduced speed limits: Speed limits are reduced in work zones for the safety of workers and drivers alike. Be sure to pay close attention to the posted speed limit for each construction zone, as they may differ. Failing to reduce your speed can result in fines.
- Move Over or Slow Down Law: This law requires drivers to move to an adjacent lane in construction zones to increase the amount of space between vehicles and workers. If it is not possible to move over, motorists should reduce their speed by 20 mph or to that of the posted construction speed limit. Failing to follow this law could result in up to $1,250 in fines for first-time offenders, fines of up to $4,000, and time in jail if they cause serious harm.
- Follow signals, flaggers, and detours: Follow all instructions by construction signs directing you to slow down, change lanes, and more. Be alert in areas with flaggers directing traffic through the work area, and carefully follow their directions. You should also be aware of any detours that might be posted in order to avoid areas of construction.
Violating these work zone laws and safety measures may result in steep fines.
According to Texas Transportation Code § 542.404, fines in construction areas are double those for the same offense outside of a construction zone.
Six Steps to Take After a Road Construction Accident
Accidents in work zones can be hazardous and cause serious harm to workers as well as drivers and passengers.
With the profound impact these events can have, it’s crucial to go to an urgent care or hospital after a car accident. The right steps can streamline the claim process and your recovery time. Take the following actions after a road construction accident:
- Get medical attention: Call 911 and have paramedics and medical professionals examine you. Do this even if your accident injuries appear minor, as more serious conditions could be hidden.
- Request a police report: Speak with police officers about what transpired and request that a police report be filed. This will serve as an official document for the event. Request a copy of the finished report for your records and supply it as evidence during insurance claims and legal proceedings.
- Collect evidence: Take videos and photos of the scene, damage, and your injuries. If possible, also get statements from witnesses. These can supplement your claim by providing additional evidence of the events.
- Exchange information: Exchange contact, license, and insurance policy information with all other parties involved in the accident. This information will be needed when you file an insurance claim.
- File an insurance claim: Contact the insurance company of the party that was at fault for the accident and file a claim for compensation. You should also reach out to your own insurance company to report the incident for their records.
- Hire a car accident lawyer: Hire a lawyer to represent you and help you navigate the post-accident process. They can help negotiate with insurance companies on your behalf to get a fair settlement. They can also help you file a personal injury claim against the person at fault.
A Dax F. Garza Houston Car Accident Lawyer Gets Results for You
Vehicle accident lawyers are an invaluable asset when dealing with the aftermath of a road construction accident. These cases can be complex, and an experienced lawyer who is well-versed in the nuances and requirements can significantly influence the outcome of a claim. They will research and investigate the accident while building effective strategies and a strong case.
A lawyer will also fight tirelessly for the rights of victims to ensure they are not taken advantage of and get the compensation they need. Additionally, in the event that a worker is injured due to a negligent motorist, construction workers may also have the right to legal action. They can file a personal injury claim against drivers for not obeying signs, reducing speeds, or keeping a safe distance.
Texas Statute of Limitations for Road Construction Accidents
Individuals have two years to file a claim and seek compensation after a road construction accident, according to Texas Civil Practice and Remedies Code Chapter 16. When the limitations expire, you lose all rights to future claims and no longer recover any losses you might have suffered. Because claims are always stronger with fresh evidence, it is important to reach out to a lawyer as soon as possible after an accident to get a better outcome and stay within your statute of limitation period.
Compensation for Victims of Road Construction Accidents
Receiving compensation after a road construction accident can help mitigate the financial pressure and impacts on your life and ensure you receive the proper care for recovery. With the help of a lawyer, you can calculate the value of all of your losses and determine a fair settlement amount, which your lawyer will negotiate. Some of the losses you can recover include:
- Medical expenses such as labs, tests, surgeries, treatments, and medications
- Damage to property or personal belongings
- Lost earning potential from an inability to work
- Therapy and counseling
- Pain and suffering
- Emotional and mental distress
- Diminished quality of life
- Loss of companionship
- Loss of enjoyment
- Funeral and burial expenses
Dax F. Garza, P.C. Provides Comprehensive Representation
Dax F. Garza, P.C. understands that road construction accidents are complex and overwhelming. Our team provides comprehensive service so you get all the compensation and resources necessary to heal in peace. We are also committed to fiercely protecting your rights throughout each phase of the claim process.
To learn more about how our team can represent you, schedule a free consultation with our team today.
