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Morrin Law Office

Lexington Construction Zone Vehicular Accident Attorney

When roads or highways require construction, a work zone is put into place. A work zone is a temporary site used for the maintenance or construction of a road. While these zones are used with the goal to help create safer, better maintained roads for drivers, the work zone itself can become a dangerous threat. Unfortunately, work zones can cause accidents that result in serious injury or death.

When a work zone is set up for construction, the company or government funding the work is required to provide certain warnings to drivers to indicate the ongoing project. If the workers fail to give a warning, use machinery in a negligent way, or the zone causes driver inattention, an accident can occur.

If you have been injured in a construction zone accident in Lexington, Kentucky, it’s important that you understand the full extent of the resulting injuries and damages. An experienced Lexington personal injury attorney can help you file a claim to fight for compensation.

Construction Work Zone Procedures

The Kentucky Transportation Cabinet’s Policy and Procedures for the Safety and Mobility of Traffic Through Work Zones explain their goal is to design, implement, and maintain safe and efficient environments for workers and those traveling through a work zone. Projects they consider “significant projects” shall receive a Temporary Traffic Control Plan (TTCP) and a Public Information Plan.

The procedure section defines a significant project as meeting any of the following:

  1. Any interstate system project which is anticipated to occupy a location for more than 3 days;
  2. Any project on any multilane roadway which is anticipated to occupy a location for more than 3 days where the existing directional ADT is over 1,000 vehicles per hour, per lane, that would close a lane during the peak hours;
  3. Any project on a 2-lane roadway which is anticipated to occupy a location for more than 3 days where the existing ADT in both directions is over 1,000 vehicles per hour that would close a lane during its peak hours; or
  4. Any project on the Interstate or National Highway System that would involve a detour.

The TTCP guidelines vary depending on whether the significant project takes place on an interstate or non-interstate road:

Interstate Projects Guidelines 

  • Expected queue length due to lane closures shall be analyzed and not exceed 3 miles beyond the typical queues expected without the construction project;
  • Total closures of an interstate segment should not be considered unless there is an interstate detour available that can safely accommodate the expected increased traffic; and
  • User costs shall be analyzed and the use of the incentives/disincentives to encourage timely completion of the total project or critical phases should be considered.

Non-Interstate Projects Guidelines

  • Expected queue length due to lane closures shall be analyzed and should not exceed 3 miles beyond the typical queues expected without the construction project;
  • Total closures of a segment should not be considered unless there is a detour available that can handle the expected increased traffic. Alternative travel routes should not exceed 10 miles.

For the Public Information Plan, the significant project’s team must establish communication strategies to inform the affected road users, the public, area residences, businesses, and appropriate public entities regarding the work zone traffic measures. The plan should include information on the expected impacts, closure details, and commuter alternatives.

When informing drivers of a construction zone, a construction company may use any of the following warnings:

  • Public meetings
  • Media stories or ads
  • Online Websites
  • Highway advisory radio
  • Changeable message signs
  • Printed material at selected site
  • Rest area kiosk
  • Cones
  • Barrels
  • Flashing lights
  • Construction workers in bright vests

Causes of Construction Zone Accidents

The Kentucky Safety Cabinet reported 1,074 construction zone collisions in 2022. From those collisions, there were an estimated 271 injuries and six deaths.

While any of the normal causes of a motor vehicle accident can apply, there are some causes that are unique to a construction zone accident:

  • Decreased driver visibility from blind spots, caused by lane barricades, large machinery, or bright nighttime lights;
  • Driver’s failure to see the signage or flagger indicating a change in traffic lanes;
  • Driver confusion, frustration, or inattention caused by the presence of construction zone workers;
  • Lack of signage or warning by the construction company to indicate to driver’s that a construction zone is present; or
  • Work equipment in the construction zone was malfunctioning or being operated in a negligent or reckless manner.

Even if your construction zone accident was caused by a reason not mentioned above, you should consider consulting a Lexington personal injury attorney to review the specific details of your case.

Injuries and Damages Caused by a Lexington Construction Zone Wreck

Keep in mind that you should never ignore any injury symptoms after a motor vehicle wreck. Even if you do not see or feel any initial signs of injury, you should always get checked out by a medical professional following an accident. There may be internal damage or injuries that have yet to set in.

If you’ve experienced any of the following injuries from construction zone wreck in Lexington, Kentucky, you may have grounds for a personal injury claim:

  • Abdominal pain;
  • Back pain;
  • Broken bones;
  • Cuts;
  • Lacerations;
  • Numbness or tingling in arms or legs;
  • Excessive bruising;
  • Traumatic brain injury;
  • Reduced physical function; or
  • Inability to perform job or basic routines.

If you’re considering filing a personal injury claim for your construction zone accident, it is important to understand the possible damages. Damages are the potential financial amount awarded to an injured party to help them fully recover. If you’ve experienced any of the following compensatory damages caused by your accident injury, contact Morrin Law:

  • Hospital bills or other healthcare services;
  • Future medical expenses;
  • Loss of income;
  • Property damage;
  • Loss on quality of life; or
  • Pain and suffering.

Liability and Negligence

After getting injured in a Kentucky construction zone, you may be wondering: Who is at fault? With the possibility of medical bills and other accident-related expenses piling up, it is important to know who has legal liability for your injuries.

Generally, the person or party whose negligence or reckless decision-making resulted in the accident will be held liability. In a construction zone accident, this can include any of the following:

  • The driver of another motor vehicle – If the construction zone accident involved a collision between two vehicles, liability will fall on the driver who caused the wreck. This could be due to the driver’s inattention, following too close, or speeding.
  • The construction company – The construction company who set up the construction zone may face liability for an accident caused by the following:
    • Failure to provide signage or mark a detour to avoid the work zone;
    • Failure to clear the construction zone of debris, hazardous items, or machinery;
    • Failure to provide signage or warnings of lane closures or restrictions; or
    • Failure to abide by worker safety regulations.
  • The local or state government agency – A construction zone may be employed by the local or state government, meaning that failure to maintain safety regulations or work zone markings can result in liability falling on the government.

Consult with an experienced Lexington personal injury attorney if you have been injured in a construction zone accident that was caused by the negligence of another person or party. You may be entitled to compensation for the damages caused by your injuries.

Example Lexington Case

August 2023An 18-year-old in Lexington died after being fatally struck by a tire in a construction zone. According to the report, the Lexington Police responded to a call for an injured person at the 99-mile marker on I-75 around 8pm on August 3, 2023.

The victim was Braxton Willoughby of Mt. Sterling, who recently graduated from Montgomery County High School. The coroner’s report indicated that Willoughby was struck by a tire that came off a passing vehicle in the I-75 construction zone by the Clays Ferry Bridge. The tire caused traumatic injury to the teen’s torso. Willoughby was transported to the UK Medical Center for his life-threatening injuries but was pronounced deceased by the Fayette County Coroner not long after.

Steps for Filing a Personal Injury Claim in Kentucky

The moments following an unexpected construction zone accident can leave you feeling shocked, in pain, and confused about what to do next. If you have been injured due to another person or party’s negligence, it is important to familiarize yourself with the steps for filing a personal injury claim.

Morrin Law Firm recommend taking the following steps to file a construction zone personal injury claim:

  1. Contact law enforcement – As a general rule, you should always contact the police following a motor vehicle accident. The responding officer should provide a written report detailing the incident, as well as stating who or what was at fault. If a police officer did not respond to your accident, Kentucky Statute 189.635(4) states you have 10 days from a motor vehicle accident resulting in property damage exceeding $500 to file a written report. To find out more about filing a civilian collision report, refer to the Kentucky State Police Department’s page here.
  2. Receive medical attention for any potential injuries – It is very important that you get checked out by a medical professional following an accident. Certain injuries may not show symptoms right away, or the shock may prevent you from feeling the full extent of the injuries.
  3. Gather evidence to support the claim – If possible, take images or videos of the accident scene, any property damage to your vehicle, and evidence of your injuries. Organizing and maintaining evidence to support your claim is an important aspect of filing a personal injury case.
  4. Contact a Kentucky personal injury attorney – A personal injury attorney can help provide insight and support following a Kentucky construction zone accident. The Kentucky Personal Injury attorneys at Morrin Law will assist you with speaking to insurance companies and fighting to win fair compensation for the damages caused by the accident.
  5. File within Statute of Limitations – If you are planning to file a personal injury claim in Kentucky, it’s imperative that you do so within the statute of limitations. Kentucky’s Statute of Limitations provides that you have two years from the date of the accident or discovered injury to file a personal injury claim for an accident involving a motor vehicle. Morrin Law tells our clients that you should file as soon as possible. If you wait to file, you could lose important evidence that supports your claim.

Contact Morrin Law Firm’s office today to get started on your case during a risk-free evaluation.

Contact Morrin Law Firm for a Risk-Free Case Evaluation

Getting injured in an unexpected accident is the last thing anyone wants, especially when the accident was caused by the negligence of another person. Depending on the extent of your injuries, you may have a long road to recovery. This can include piling medical bills and other accident-related expenses. If your injuries were caused by the reckless or negligent behavior of another driver or construction company, you should receive compensation to help with the resulting damages.

By contacting a Kentucky personal injury attorney, you can rest while we take on the bulk of the case. While you focus on your physical and emotional recovery, we will consult with insurance companies or the construction company on your behalf. If the case requires going to court, Morrin Law will fight to win you the compensation you deserve. Our firm works on a contingency basis, so we only get paid if you do! Contact our office today at (859) 358-0300 and receive a risk-free evaluation. We will only take on your case if we believe we can provide optimal value to your case.