Car Accident Caused by Road Construction Lawyer in Houston
Roads are part of our crucial infrastructure, especially in Texas. How many Houstonians get to work or play without jumping in the car? It’s not easy to do, so millions of us rely on our highways and residential streets to be safe. When public or private entities responsible for road maintenance and construction fail to keep their spaces safe for drivers, they may be held liable for any injuries they cause.
If you were the victim of a car crash in Houston caused by road, you can turn to the Houston personal injury attorneys of Gibson Hill Personal Injury for assistance with your case. We have the experience, resources, and knowledge to pursue compensation for our clients effectively. If someone else was responsible for your crash, they should be the ones to pay for the damage they caused. We won’t stop fighting until we recover the maximum compensation you deserve.
Unfortunately, construction areas can create dangers that drivers are unable to avoid. When an accident occurs, and it wasn’t your fault, the at-fault parties may owe you compensation for your medical bills, property damage, missed work, and pain and suffering. To find out more about how the skilled Houston road construction car accident lawyers at Gibson Hill Personal Injury can help you, call (713) 659-4000. We can begin with a free consultation.
Causes of Road Construction Accidents
All drivers have a legal duty to drive safely so that other people don’t suffer harm. If a driver fails to take the necessary precautions in construction zones, they could cause a crash and incur penalties, such as a fine. But that’s not the only way construction area accidents happen.
Sometimes the private or public company in charge of the site may be liable. Common reasons construction accidents occur include:
- Missing barriers or guardrails
- Debris, vehicles, equipment, or other hazards left on the side of the road or outside the designated construction area
- Adverse weather, traffic congestion, and poor visibility
- Inadequate or missing lane markings
- Confusing warning signs
- No warning signs
- Failure to post reduced speed limits or provide personnel to direct drivers through the construction zone
Determining Liability After a Road Construction Car Accident
It’s easy to assume that construction workers or their employers are responsible for crashes in their zone. It’s not always that simple, which is why it’s important to consult with an attorney after you’re injured in a construction car accident.
It’s possible that another driver didn’t slow down for the reduced speed limit or a distraction caused them to lose control of their car. If you suffered injuries in a car accident in or near a construction area, follow these steps to protect your right to compensation:
- Call 911. In Texas, you must report car accidents to law enforcement if there’s an injury, fatality, or property damage above $1,000. Wait for an emergency responder to investigate the crash scene. You or your lawyer can request a copy of the traffic crash report.
- Exchange information with the other drivers involved in the accident. Write down their names, contact information, and auto insurance details.
- Find out the construction company’s name and contact information. Take photos of the site if you see any safety hazards.
- Take pictures of the accident scene, your car, and any other damage.
- Talk to witnesses of the crash and ask for their names and phone numbers so they can provide statements if necessary.
- Get a doctor to check your injuries. If they refer you for additional treatment, follow their orders. Continue seeing your doctors until they release you from care.
- Hire a lawyer to help you with your case.
Gibson Hill Personal Injury has the resources and experience to locate crucial evidence. During our investigation, we’ll figure out who was at fault for the crash and pursue compensation from them.
We can either file an insurance claim with their liability insurance company or pursue a lawsuit. Whichever makes sense for your case, you can depend that we’ll handle each step of the legal process on your behalf professionally and efficiently. You won’t have to worry about the details while you focus on recovering.
Texas Negligence Laws and How They Impact Insurance Claims
In Texas, there’s a fault system that determines who’s financially responsible for an injured victim’s losses. Under this system, the at-fault driver must pay for the expenses resulting from a car crash, including injuries. Usually, the payment actually comes from the driver’s auto insurance company.
Depending on the coverage listed on the at-fault party’s liability policy, you might be able to win a settlement to cover all of your losses. The legal minimum coverage is $30,000 for bodily injury and $25,000 for property damage. That can compensate expenses related to your injury and the cost of repairing your vehicle.
Damages is the legal term for the total losses suffered from an accident. There are economic damages and non-economic damages. You may be compensated for in an insurance claim or lawsuit.
Victims of road construction accidents may pursue compensation for the following:
- Medical bills
- Lost wages
- Lost earning capacity
- Emotional distress
- Vehicle repair or replacement
- Pain and suffering
- Diminished quality of life
Depending on the facts of your crash, the modified comparative negligence may affect your settlement or judgment. Under this rule, the financial value of your damages could decrease proportionately to your percentage of shared fault.
For example, let’s say you incurred $100,000 in damages, and the insurance adjuster determines you were 20% to blame. The maximum compensation you could recover would be $80,000.
If you’re found more than 50% at fault, you could be prohibited from pursuing compensation from the at-fault driver. Your Houston car accident attorney from Gibson Hill Personal Injury can protect you from facing an undue percentage of the blame and demand full, fair compensation for your injury.
Can I File A Claim with My Insurance Company?
Yes. If you want to seek compensation from your auto insurance, you can. UM (uninsured/underinsured motorist) is optional coverage available to all policyholders in Texas. It’s useful in situations where the liable driver doesn’t hold liability insurance, or their limits aren’t high enough to cover all your damages.
If you discover the road construction accident was the result of another motorist’s negligence and they don’t carry auto insurance, you could file a UM claim with your insurance company. UM coverage could reimburse you for the following damages:
- Medical expenses
- Pain and suffering
- Lost wages
- Lost future earnings
Personal injury protection is another optional coverage on your policy. The minimum limit offered by insurance companies is $2,500, but you could purchase coverage as high as $10,000. You can use it to cover medical costs up to the limit on your policy. Instead of receiving a settlement check at the conclusion of your case, PIP provides upfront payment of doctor appointments, prescriptions, and other medical expenses. Talk to a lawyer to understand what your policy covers and how to get the money you need.
Holding Third-Parties Liable for Your Damages
In some situations, the city might be liable for a car crash and its resulting damages. Seeking compensation from a government entity is tricky. Your lawyer must prove that the entity or an employee was negligent in their legal duty to maintain the construction area and prevent injuries.
Unfortunately, government entities know how to protect themselves from liability. They have endless resources at their disposal and enlist the help of intimidating insurance companies. It’s not easy to demand fair compensation from them, but Gibson Hill Personal Injury can fight the battle for you.
Don’t try to handle your case alone. Insurance company representatives may take advantage of you and scare you into accepting a low settlement offer or dismiss your claim altogether. An attorney can prevent that from happening.
Filing a Lawsuit After a Road Construction Car Accident
If you discover someone else involved in the crash was at fault, you could file a lawsuit against them. The goal of a lawsuit is to recover compensation for economic and non-economic damages.
A jury might even award punitive damages under special circumstances. Instead of compensating you for your losses, the goal of punitive damages is to punish the party for their actions and deter them from behaving similarly in the future.
You must prove all the elements of negligence existed to file an effective lawsuit. Your lawyer will need to show that the at-fault driver’s actions were:
- Grossly negligent;
- Wanton; or
- Lacked regard for another person’s safety.
Gibson Hill Personal Injury Fees and Costs
At Gibson Hill Personal Injury, we want to help our clients with their financial burdens. We know you don’t need more stress or more bills. That’s why we take cases on contingency.
That means there are no upfront fees or costs for us to work on your case. We won’t expect payment unless we secure compensation from an insurance claim settlement or court judgment. If we don’t win for you, you won’t have to pay us.
Our initial consultations are free and no-obligation. There’s no risk to meet with us and discuss the details of your car accident. We’ll review your accident and describe your legal options before we even become your legal representative.
Speak to An Experienced Road Construction Accident Lawyer in Houston
At Gibson Hill Personal Injury, our team of Houston personal injury lawyers can handle any car accident case that comes our way. We care about our clients, so we pursue the maximum compensation they deserve.
Our team of legal professionals is available 24/7. You can reach us at any time to discuss your road construction accident case. Start right now by sending us a message or calling (713) 659-4000.
If you were the victim of a car accident caused by road construction in Houston, Gibson Hill Personal Injury can help. Schedule a free consultation today to find out how.