Albuquerque Car Accidents Occurring in Construction Zones


November 24, 2016

 by Caruso Law Offices, P.C. | 

When Albuquerque Car Accidents Occur in a Construction Zone, the Violating Vehicle and Even the Construction Company May be Liable for Your Injuries

Most people do not like driving in construction zones.  This is because there can be heavy traffic and delays, confusing traffic patterns, and debris all over the road.  They can be tight or difficult to navigate and other drivers will still drive to fast, aggressively, or improperly.  Other times it may appear that the construction staff will not pay attention to the vehicles, they will not know what they are doing, and they may make simple mistakes which can cost you damage to your vehicle, injuries to you, or even your life!

If you or a loved one have been injured in an Albuquerque car accident caused in a construction zone, contact our experienced Albuquerque car accident attorneys at the Mark Caruso  We understand that claims in construction zones can be complicated because there are a lot of different entities, including a state, municipality, or other department.  The cause of the accident could be due to another driver, or from the construction company, or both.  This can make claims confusing, difficult, and risky if not litigated properly.  We have a proven track record of representing those injured in construction zone car accidents, and we offer a FREE consultation by dialing (505) 407-0458.

New Mexico Law Governs Construction Zones

Far too many drivers fail to comply with construction zone signage and requirements.  This can easily result in very serious car accidents causing serious personal injuries or even death.  Whenever the speed is reduced, lanes are combined, or flagmen are present, there is good reason for drivers to pay attention because the traffic pattern may have been changed or is compromised, and the regular speed and direction of traffic may no longer be safe.  But some people just do not listen.

And they should.  Under New Mexico law, NM Stat. section 66-7303.1 (c) provides “[e]very pedestrian or person who operates a vehicle on any street or highway shall obey all signs, signals, markings, flagmen or other traffic-control devices that are placed to regulate, control and guide traffic through a construction zone.”  If a driver violates this section of law by ignoring the lowered speed limit or a flagman that tells a driver to stop but the driver continues, the driver could be liable for the car accident.

Not only is this accident a criminal penalty under the same section of law under subdivision (D), but this also means that the driver may be automatically negligent as a matter of law under the doctrine of negligence per se.  This doctrine allows a victim to use the violation of a statute meant to protect the victim from the harm the victim suffered to establish the defendant was negligent.  This is an important tool for a plaintiff.

Construction Accidents Could Also be the Fault of a Construction Company

Not only could other drivers be the cause of Albuquerque car accidents occurring in construction sites, but the construction company could also be liable.  This could be because the cones or barricades were not properly done, the directions are confusing, or the flagmen made errors which caused the accident.

For instance, if the road is a single lane road and one flagman waved one driver to go down the road and the flagman at the other end of the road waved another driver to go down the road at the same time, this could cause a head-on collision and serious personal injuries.  The construction company would be liable for the causing the accident, at least partially at fault, since both flagmen are employees and gave instructions in the course of their employment.

Injured in an Albuquerque Car Accident in a Constructions Zone?  Call us today!

As you can see, these types of claims can be complex if there are multiple parties potentially at fault.  But this does not mean your rights to compensation are any less! If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 407-0458 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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