Construction zones usually include several projects happening at the same time. As such, in the event of a construction zone accident, many parties may be liable.

Liability can be shared between parties. The question lies in who created (or failed to correct) the hazards that led to the accident.

Possible At-Fault Parties

Liability for roadwork accidents is based on various factors. Negligence is a primary cause. But so are unsafe conditions and failure to follow safety standards. With the help of your Las Vegas roadwork accident lawyer, you’ll be able to identify all liable parties. Each party may have separate insurance coverage.

Negligent Drivers

In construction zones, drivers should be cautious of hazards. Yet negligence is common in construction zone accidents. Many accidents are caused by speeding, distracted driving, and failure to follow directions. 

Construction Companies and Contractors

Construction companies and contractors of the roadwork can also be liable. If the investigation finds they didn’t maintain a safe work zone, a claim may be possible. This is also true if they fail to direct traffic or comply with safety rules.

Examples of these include improper barrier placement and unsafe lane closures, as well as inattentive supervisors.

Subcontractors and Third-Party Vendors

Roadwork often involves several subcontractors, each handling a different part of the project. One can be in charge of setting up traffic cones, while the other is responsible for putting up signage. 

Subcontractors might perform these tasks improperly. If an accident happens as a result, they can be held liable.

Government Entities

Responsibility for road planning and management falls on the state and local government units. These include the NDOT, the city of Las Vegas, and Clark County. They can also be liable for accidents happening on roadwork projects they supervise. 

Note that claims against government entities have special procedures. For example, these claims may involve shorter deadlines, so it’s important to act promptly.

Equipment Manufacturers

The equipment used for roadwork projects must meet safety and quality standards. Roadwork personnel should not use faulty equipment or machinery. If a broken-down piece of machinery causes an accident, claims against the equipment manufacturer are possible.

Construction zone accidents have different bases for compensation. It will depend on the severity of your injury, which party is at fault, and the insurance coverage. Aside from personal injury, claims can include workers’ compensation and third-party liability.

Economic Damages

These are claims for calculable monetary damages. Your injury will require treatment and rehabilitation, so you’ll incur costs for medical bills, hospital stays, and medicine.

Injury will also cause you to miss work, translating to lost wages. Damage to your vehicle translates to property damage. A severe injury could also mean it’s harder to earn income in the future.

Non-Economic Damages

Injury can also cause pain both mentally and emotionally. Non-economic damages include the pain and suffering the accident caused you. 

If your injury is severe and life-altering, you’ll have a poor quality of life. You can’t perform daily functions the way you used to, leading to anxiety and emotional distress.

Workers’ Compensation vs. Third-Party Claims

If the accident involved an employer, workers’ compensation provides no-fault coverage. Here, you don’t have to prove someone is at fault.

If a third party contributed to the injury, you may also file a separate civil claim. This will help you recover economic losses and damages for pain and suffering.

In some cases, both claims can be pursued simultaneously. This depends on the circumstances of your injury.

Punitive Damages

Some roadwork accidents were due to one party’s gross negligence. They could be knowingly negligent of hazards or willfully violating safety regulations. In these cases, the court may award punitive damages to you as a punishment to the offender.

These steps will help avoid worsening your or your loved one’s injury and build a strong case for your claims later.

1. Ensure your safety. Check yourself for injuries, and if you can, move to a safer spot away from traffic.
2. Call 911. Report the accident so there’s an official record.
3. Seek medical attention right away. Do not delay seeing a doctor or medical personnel, even if you feel normal. Some injuries show symptoms later.
4. Gather evidence. Take photos of the accident. Take note of the vehicle positions and signage.
5. Find potential witnesses. Seek other people in the area during the accident, such as workers and other drivers. They can stand as potential witnesses.
6. Document the construction zone. Check the zone for barriers, lane shifts, and warnings.
7. Report to your insurer. Only report facts. Do not make speculative statements, especially statements that could frame you as being at fault.
8. Consult a lawyer. Insurers will contact you immediately and offer a settlement. A Las Vegas construction zone roadway accident lawyer can help you push back and fight for fair compensation.

Construction zone accidents can cause severe injuries due to the heavy equipment and traffic in the area. The worst injuries involve the brain or spinal cord. Victims may get fractures, internal bleeding, and burns. Soft-tissue damage, such as muscle tears and sprains, is also common.

Outside of physical injuries, some victims go through emotional pain and suffering. The trauma may be hard for some to bear. Some may develop anxiety or post-traumatic stress disorder.

Not all symptoms are immediate. They could appear hours or even days after the accident. This is why documentation is important. See a doctor right away to protect your health and your legal claim.

Construction zone accidents have a more complex process for claiming compensation. The following factors can affect recovery:

Multiple Liable Parties and Layered Responsibility

These types of accidents involve many parties. Liability may be shared among contractors, subcontractors, and government entities. More than one party can be responsible for the unsafe conditions that led to the accident. This is called layered responsibility.

It’s important that you and your lawyer can identify all liable parties. Doing so will help with getting appropriate compensation.

OSHA, NDOT, and Safety Regulation Violations

The Occupational Safety and Health Administration (OSHA), the NDOT, and state/local transportation agencies regulate safety in construction zones. If you can prove that there were OSHA violations in the construction site, you can use that as evidence of negligence.

Differences Between Workers’ Compensation and Personal Injury Claims

As a no-fault system, workers’ compensation gives you immediate but limited benefits. It mostly covers medical costs and partial lost wages. 

Meanwhile, for personal injury claims, you need to prove negligence. But it allows for potential recovery for economic and non-economic damages.

There are several ways to determine who is responsible for construction zone accidents. You may need a highway construction zone accident lawyer in Las Vegas to help you uncover who is most liable for what.

Negligence and Duty of Care in Work Zones

Every party working in a construction zone (the contractors and subcontractors to government entities) has a legal obligation to make the site safe. They need to follow regulations. Failing to meet standards in such a high-risk environment can be grounds for a liability claim.

Evidence Used

To build a strong case, your evidence should be well-documented. Evidence you can use includes traffic control plans, construction permits, inspection records, and safety logs. You can also use witness statements and surveillance footage. You can also get experts to help reconstruct the accident and identify violations.

Construction areas can alter normal traffic movement. FHWA research shows that certain driver actions and conditions are repeated in these crashes.

Inattentive Driving

Inattention is one of the most common factors in work zone crashes. FHWA-supported research identifies inattentive driving as a main contributing driver factor.

Following Too Closely for Conditions

Short following distance reduces the ability to react to sudden changes. The same research mentioned above identifies following too close for conditions as a key factor in work zone crashes.

Failure to Yield Right of Way

Drivers may fail to yield in areas where lanes shift or merge. The FHWA-supported research linked above also lists failure to yield right of way as a contributing factor in work zone crashes.

Exceeding Posted Speed Limits

Drivers who ignore reduced speed limits in construction zones increase crash risk. Research specifically identifies exceeding posted speed limits within work zones as a contributing factor.

Driving Too Fast for Conditions

Speed plays a major role in work zone crashes. FHWA reports that driving too fast for conditions is a key factor, and speeding is linked to up to 33% of fatal work zone crashes.

Driver Distraction

Distraction can prevent drivers from noticing lane changes or stopped traffic. FHWA states that work zone crashes can result from distraction.

Changing Roadway Conditions

Work zones often include changes in lanes, markings, and visibility. The same FHWA report that found driver distractions as a possible cause of these accidents also explains that these conditions can make driving more confusing.

Sudden Traffic Slowdowns

Traffic may slow or stop quickly in work zones. FHWA warns that sudden slowdowns are common, and rear-end crashes make up part of fatal work zone crashes.

If you’re considering filing a lawsuit after a construction zone accident in Nevada, it’s helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or change. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a plaintiff to recover damages if their negligence is not greater than the defendants’ combined negligence, with damages reduced in proportion to their share of fault and each defendant liable only for their percentage of negligence.

Example: A driver enters a construction zone and is traveling too fast for conditions, while the road contractor failed to place adequate warning signs or barriers. A jury finds the driver 50% at fault and the contractor 50% at fault. If total damages are $100,000, the driver could generally recover $50,000.

Nevada’s Statute of Limitations Law

NRS 11.190 – Requires that actions for injuries to a person or death caused by another be commenced within specified time limits, including a 2-year limitation period.

Other Related Nevada Laws

NRS 41.085 – Allows heirs and personal representatives of a decedent to bring an action for damages and recover specified categories of damages.

NRS 484B.130 – Imposes additional penalties for certain traffic violations committed in designated work zones when specified conditions are present. Requires proper designation and signage for temporary traffic control zones and imposes additional penalties for violations occurring within those zones.

NRS 484B.223 – Requires drivers to remain within a single lane, signal before changing lanes, and ensure that any lane movement can be made safely. Requires a permit and compliance with prescribed conditions for any work that disturbs or uses a state highway or right-of-way.

NRS 484E.010 – Requires drivers involved in a crash resulting in bodily injury or death to immediately stop, remain at the scene, and fulfill required duties.

NRS 484E.030 – Requires drivers involved in a crash to provide identifying information, exhibit a license upon request, render reasonable assistance to injured persons, and report the crash if no police officer is present.

NRS 484E.070 – Requires drivers involved in certain crashes to submit a written or electronic report to the Department within 10 days, unless an exception applies.

NRS 484A.600 – Restricts how governmental entities may use cameras or recording equipment to issue traffic citations.

NRS 484B.307 – Establishes how drivers and pedestrians must respond to official traffic-control signals and devices.

Manual on Uniform Traffic Control Devices (MUTCD) – Establishes national standards for the design, placement, and maintenance of traffic control devices.

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