Running into construction in Miami is all too common, and unfortunately, this creates many opportunities for car accidents. As a local personal injury lawyer, I am frequently asked questions about what happens when people get into a wreck in a construction zone. The following answers will help you figure out what to do:
Will I get a ticket because the crash was in a construction zone?
Potentially, but this is really up to the officer who arrives on the scene and the circumstances surrounding the accident. For example, if you were clearly speeding, you may get a ticket. However, you can always contest it with my help.
Am I going to be blamed for the crash?
Just because you were in a car accident in a construction zone, it does not make the crash your fault. It is always possible that the agency doing the road work was to blame or that the road conditions made it impossible to avoid a wreck. This makes it necessary to conduct a full investigation into what happened, something I can do after being retained.
It is critical that you hire an attorney as quickly as possible because this investigation needs to begin immediately and ideally while the road work is still ongoing.
What evidence do I need?
After your crash, take the time to write down every detail of what happened leading up to and during the accident. You need to make note of the exact road conditions, if there were signs warning you of the road work, if anything around you influenced the crash, and similar factors.
The more details you can provide me, the better equipped I will be to conduct an investigation. You should also keep in mind that any potential witnesses can be a valuable asset when building your case.
I was hit while following the directions of the road crew. Who do I sue?
This really comes down to exactly who was negligent or at fault. My job is to identify who the guilty party was and to build a case to prove it. That can become more complex when the accident took place in a construction zone. In this scenario, if you were following their directions, the accident should not be your fault as long as you were following the rules of the road.
Instead, the person directing traffic and the worker’s employer could have some responsibility. The other driver could also be liable.
Do I need to file a lawsuit immediately?
You are required to report the accident right away, but you are not required to sue. However, it would be wise to visit my office as soon as possible or to schedule a phone consultation. While you do not need to sue immediately, you should have an attorney begin building your case right away, and I am happy to do so. The benefit to you is that then there is no risk of running into the statute of limitations and being unable to sue those responsible.
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