How Construction Zone Accidents Differ from Regular Car Accidents

By: New Mexico Legal News on

December 18, 2024

Driving in New Mexico comes with its unique challenges, from unpredictable weather to varied terrain. Among these challenges is navigating through construction zones, which can be a hotspot for accidents. Construction zone accidents differ significantly from regular car accidents in terms of causes, legal implications, and the processes for seeking compensation.

If you do suffer an injury on the job in New Mexico, you can file a claim for workers’ compensation benefits to help pay for your medical care and lost wages. And, if you’ve been involved in such an accident, understanding these distinctions is crucial for protecting your rights.

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Construction Accidents in New Mexico

The Complexities of Construction Zone Environments

Unfortunately, construction zones are inherently more dangerous than regular stretches of roadway due to the presence of workers, heavy machinery, and temporary changes in traffic patterns. Drivers often face reduced speed limits, narrowed lanes, and sudden stops. Additionally, construction zones may have uneven surfaces, poor lighting, and unclear signage, all of which increase the likelihood of accidents.

Regular car accidents typically occur in standard road conditions where drivers are familiar with traffic flow, signage, and rules. In contrast, construction zones present dynamic environments where conditions can change rapidly, requiring drivers to exercise heightened caution. Unfortunately, even with precautions, accidents can and do occur.

Common Causes of Construction Zone Accidents

Construction zone accidents can arise from a variety of factors, many of which differ from those in regular car accidents. Some common causes include:

Improper Signage or Lack of Warning Signs: Construction zones require clear and accurate signs to warn drivers of upcoming hazards. Missing or confusing signage can lead to sudden stops, lane changes, or collisions.
Reckless Driving: Despite reduced speed limits, some drivers fail to slow down in construction zones. Speeding, tailgating, and aggressive maneuvers are especially dangerous in these areas.
Distracted Driving: Drivers distracted by their phones, navigation systems, or other in-car activities are more likely to overlook changes in traffic patterns or miss workers and barriers.
Poorly Maintained Work Zones: Uneven pavement, debris on the road, or poorly placed barriers can create hazards that increase the risk of accidents.
Worker Negligence: Construction workers may inadvertently cause accidents by stepping into traffic lanes or operating machinery in a way that endangers passing vehicles.

When claiming workers’ compensation in New Mexico, you must see a medical provider. Your treating physician will decide on your medical needs, return-to-work date, and whether you are permanently disabled when you submit a workers’ compensation claim due to an illness or injury sustained at work.

Furthermore, a person who sustains injuries on the job in New Mexico often cannot file a lawsuit against their employer. With that said, if a worker suffers a personal injury due to the actions of a non-employer (“third-party”) or if the worker is subjected to sexual harassment, discrimination, or retaliation because of the worker’s gender, race, sexual orientation, or other protected identity, the employee may have additional legal recourse.

Legal Implications in Construction Zone Accidents

The legal landscape for construction zone accidents in New Mexico is more intricate than that of regular car accidents. Here’s how they differ:

Multiple Liable Parties: In a standard car accident, liability is typically limited to the drivers involved. However, construction zone accidents may involve multiple parties, including construction companies, government agencies, contractors, and equipment manufacturers. Identifying the liable party can be a complex process that requires a thorough investigation.
Enhanced Penalties for Violations: New Mexico enforces stricter penalties for traffic violations in construction zones. For example, fines for speeding in a construction zone are often doubled. These enhanced penalties reflect the increased risks associated with such environments.
Government Involvement: If the accident occurred in a construction zone managed by a government agency, specific legal protocols apply. Filing a claim against a government entity often involves shorter deadlines and additional procedural requirements compared to private-party claims.
Worker Protection Laws: Construction workers have legal protections under both state and federal law. If a driver’s negligence results in injury to a worker, additional legal claims may arise, further complicating the case.

What’s more, assigning liability in a construction zone accident often requires detailed evidence and nuanced analysis. Some key considerations include:

Was the Construction Zone Properly Marked? Liability may fall on the construction company or government agency if the work zone lacks adequate warning signs, barriers, or lighting.
Did Driver Negligence Play a Role? Drivers are expected to exercise additional caution in construction zones. If one party was speeding, distracted, or otherwise negligent, they could be held liable.
Did Worker Actions Contribute to the Accident? In some cases, construction workers’ actions, such as improperly directing traffic or leaving debris on the road, may contribute to an accident.

Call a Personal Injury Attorney in Albuquerque

Construction zone accidents in New Mexico differ significantly from regular car accidents in terms of causes, legal complexities, and liability issues. Navigating the aftermath of a construction zone accident can be overwhelming, especially when dealing with multiple parties, insurance companies, and legal requirements. No matter what kind of accident you’ve been through, the New Mexico personal injury lawyers at Will Ferguson & Associates will do everything it takes to get you the justice and compensation you deserve.

You can start on your path to a relatively stress-free, easy recovery by contacting (505) 243-5566 to talk about your case and go through the losses you’ve incurred. If our investigation determines that you and your loved ones have a valid compensation claim, we will manage every step of the claims process for you. If you’ve been hurt and need legal representation, don’t hesitate to contact our Albuquerque workplace injury lawyers and set up a no-risk first appointment.