If I am Injured in a Work Zone by a Distracted Driver, Can I Bring a Lawsuit for My Pain and Suffering?
Work Zone areas are popping up everywhere! The National Highway Traffic Safety Administration (NHTSA) and the Fatality Analysis Reporting System (FARS) are determining that in 2023, while the overall number of work zone accidents decreased slightly, the total number of fatal accidents doubled to 1,782 deaths from the year before.
If you are injured as a work zone worker, a pedestrian or another driver going through a work zone, you can sue the driver who hit you for your pain and suffering if you have suffered a serious injury. A serious injury is defined as a personal injury which results in the following: (1) death, (2) dismemberment, (3) significant disfigurement, (4) a fracture, (5) loss of a fetus, (6) permanent loss or use of a body organ, member, function or system, (7) permanent consequential limitation of use of a body organ or member, (8) significant limitation of use of a body function or system or (9) a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
Car accidents in New York are controlled by New York State’s no-fault auto accident laws and require your medical expenses to be paid by either your own insurance carrier if you were the operator of a motor vehicle, or the other driver’s insurance if you were a work zone worker or a pedestrian.
To determine the viability of an injury claim, you should consider consulting with a personal injury attorney who can evaluate the details of your case and provide guidance on your legal options. A personal injury lawyer who handles work zone accident claims can assess factors such as liability, damages, and applicable laws to help you understand the potential for recovering compensation for your pain and suffering, medical expenses, lost wages, and other losses resulting from the accident.
Accidents do happen. If you or a family member have been involved in a work zone accident, LaMarche Safranko Law can help. We are experienced personal injury and criminal defense attorneys who can advocate for your best interests and help you RECOVER for your injuries.
Call 844-RECOVER for a free consultation.
