If you drive Sacramento’s roadways, especially the Highway 50 corridor, Highway 99, and Interstate 5 north of Downtown Sacramento over the last year, you’ve seen the construction and experienced the traffic. The ongoing construction seems like it will never come to an end. Additionally, frequently changing temporary lane dividers, narrowed lanes, and abrupt changes in traffic patterns all contribute to an inherently high-risk environment.
When an accident occurs within one of these or other road construction zones, it’s usually far worse than just a typical fender-bender. It can become a complex legal puzzle, where recovering damages hinges on an attorney with the specific expertise to piece it all together.
Learn more about our Sacramento Construction Accident Attorney Services.
How to Maximize Compensation in Construction Zone Accidents
To maximize your compensation and get what you deserve, you need an experienced Sacramento car accident attorney who can look strategically, which means considering not just the other driver(s) involved, but also the broader context. This is because the government entity overseeing the roadwork, such as the County of Sacramento or the State of California, may seem like the obvious target; however, they are not. In fact, that assumption is often a dead end.
Navigating the Government “Shield” of the California Tort Claims Act
Despite major road projects throughout Sacramento and California falling under the purview of state or local entities, like Caltrans or Sacramento County, suing them directly for negligence is exceptionally challenging.
This is due in part because governmental entities possess robust legal immunities under the California Tort Claims Act. Even when it appears that their decisions or oversight might have contributed to an accident, government entities are extremely well-protected.
The obstacles presented by the California Tort Claims Act, including shortened deadlines, more stringent burdens of proof, and other challenges, make it imperative that your attorney leverage the option of pursuing damages from private government contractors who may also bear responsibility: engineers, general contractors, equipment manufacturers, and others. These privately owned companies do not have the same level of government immunity.
Pivoting to Other Responsible Third Parties
A skilled and seasoned Sacramento car accident attorney with experience in pursuing damages in construction zones and third-party claims is invaluable. In a complex construction zone case, an adept attorney will conduct a thorough investigation, building claims against third parties who operate without the government’s legal protection. These typically include:
- Contractors and subcontractors: Third parties working for government entities are often tasked with ensuring safety in construction zones for the crews and people traveling on the roadways. Installing temporary barriers and actively maintaining clear and safe roadways are just a few of their responsibilities. If these third parties fail to adhere to safety plans and regulations, it can be considered negligent, which can expose them to significant liability.
- Engineering Firms: If the work zone is confusing to navigate, lacks adequate detours, or obstructed sightlines, the entities responsible for those conditions can be held accountable.
- Equipment Manufacturers: If a defect in heavy machinery or a temporary traffic light contributes to a crash, the manufacturer may be held liable under product liability laws.
Why You Need Specialized Expertise
An attorney with specific experience in Sacramento construction zone accidents will understand the importance of doing all of the following that applies:
- Organizing swiftly: It may be necessary to build cases against multiple entities concurrently.
- Securing expert witnesses: Accident reconstructionists, civil engineers, and construction safety experts will lend meticulous detail that can help prove the private company’s negligence, such as violations of specific OSHA or Caltrans safety standards.
- Understanding of local industry: Local attorneys familiar with the major contractors and defense firms operating in the Sacramento area offer a head start in effectively countering their legal tactics.
- Maximizing recovery of damages: Broadening the pool of available insurance coverage means identifying and holding all potentially negligent parties accountable. This is essential for capturing fair and comprehensive compensation for your medical expenses, lost income, and pain and suffering.
Hire Local Car Accident Attorneys Familiar with Construction Zone Accidents
The government’s legal protections do not mean you cannot recover fair compensation. If you’ve been injured in a construction zone in the Sacramento region, the most direct path to getting the compensation you deserve is by holding negligent private contractors and other third parties accountable.
Call Eason & Tambornini today at (916) 438-1819 to schedule a free, no-obligation case review. We will answer your questions and explain your options to you. If we take your case, our contingency fee structure means you only pay us if and when you win a settlement.