Construction zones are some of the most dangerous places to work in the U.S. Work zone fatalities reached a 17-year high in 2021, with over 105,000 crashes, resulting in over 42,000 injuries and 954 fatalities.
In Illinois, construction zone accidents include fall-related accidents, exposure to dust, exposure to a live electrical wire, fire-related incidents, accidents involving large machinery, and traffic-related collisions between vehicles and workers or pedestrians within these zones.
When a traffic accident occurs within a construction zone in Illinois, determining fault is a crucial part of any injury case. Here, we’ll explore how that works.
First, let’s get a basic understanding of the legal framework for Illinois construction zone accidents.
Legal Framework in Illinois for Construction Zone Accidents
Illinois laws detail and regulate how to ensure safety for workers, pedestrians, and drivers. When approaching highway maintenance or construction areas, Illinois law mandates drivers to do the following:
- Slow down
- Discontinue cell phone use (unless when using hands-free devices)
- Yield to authorized workers in the areas
- Change lanes away from construction equipment and the workers if possible
- Proceed with caution
Motorists are obliged to obey the construction zone speed limit and other signs regardless of the presence of workers. Such signs are meant to protect road users, workers, and equipment within the construction zones. They are not mere “suggestions” and must be followed.
In addition to laws regulating how motorists should operate within construction zones, Illinois regulates construction sites for both commercial and residential buildings. Here’s a list of some specific regulations and statutes that apply to construction zone incidents in Illinois:
- The relevant authority must post signage advising drivers that they are approaching a construction zone and indicate the required speed limit
- Motorists must obey speed limits posted in construction zones
- Electronic speed-detecting devices can be used as evidence against those prosecuted for speeding
- Building construction must be inspected by a qualified inspector to ensure that it complies with all the necessary construction codes
- Fire Prevention and Safety Rules must be implemented in construction zones
By imposing such strict regulations and penalties for individuals who violate these laws, Illinois differs from most other states in its approach to construction zone safety. For instance, Illinois mandates double fines for offenses involving speed limits. Also, it requires a mandatory court appearance for all violations in construction zones. Such stringent measures emphasize the seriousness of the construction zone safety requirements and deter dangerous behaviors.
Identifying Potential Liable Parties
Parties that are potentially liable for construction zone accidents include the following:
- Traffic control companies: These companies are tasked with safety measures such as speed limit signage around construction zones. In case of failure to provide the necessary signage or implement adequate safety measures, these companies may be held liable.
- Construction companies, contractors, and subcontractors: These companies are responsible for managing the overall construction project. If they fail to follow Illinois state laws and ensure that safety protocols are followed, they may be held liable.
- Equipment manufacturers: Faulty equipment or machinery can also contribute to construction zone accidents.
- Drivers: Drivers may be held accountable for reckless actions such as distracted driving, failure to follow signage, and speeding.
Negligence serves as the basis of liability for most construction zone accidents. It occurs when an individual fails to implement their duty of care and carelessly causes harm to other persons. Consequently, Illinois determines liability based on such negligence where the party that failed to exercise reasonable care is held accountable. Factors considered include proper signage, maintenance of equipment, and adherence to safety regulations.
Past Illinois construction zone cases have been determined through thorough investigation and assessment of evidence. For instance, the 1973 Champagnie v. W.E. O’Neil Construction case led to the prosecution of W.E. O’Neil Construction company after Vincent Champagnie got injured at work. Vincent was injured when construction debris fell on top of him while working on a construction site in Chicago. The construction company was found liable for failing to comply with the Illinois safety regulations.
Role of Negligence in Determining Liability
Under Illinois law, negligence refers to the failure of a party to exercise reasonable care, leading to harm to another party. Negligence occurs when one breaks a duty of care owed to others, leading to preventable harm.
Factors that contribute to negligence in construction zone accidents encompass actions or omissions, including disregard for laws, careless driving, unsafe equipment, and failure to maintain safe working conditions.
In Illinois, negligence is a major factor in determining liability since courts thoroughly assess the actions and omissions of all involved parties. This assessment is meant to determine whether each party met the required standard of care under the given circumstances. If a party’s actions or inactions led to injuries or damages, they are held liable for compensating the injured person for lost wages, medical bills, emotional stress, and more.
Preventative Measures and Best Practices
As a motorist navigating through construction areas in Illinois, you should exercise caution. Adhere to posted signage and speed limits. Stay alert to lane closures, heavy construction equipment, traffic patterns, and construction workers. Avoid distractions such as mobile phones and follow flaggers directing traffic. Patience is key to reducing the risk of accidents on the road.
Call Brian Lewis if You’ve Been Injured in a Construction Zone Accident
If you’ve obeyed the posted signage and rules of the road but were still injured due to someone else’s negligence, you may be entitled to significant compensation. Brian Lewis has spent his career fighting for people who have been wrongfully injured. This includes truck accidents, car accidents, motorcycle accidents, and more. The trauma of a traffic collision, injuries sustained, and the time away from work during recovery can take a significant toll on physical and financial health. You should not have to worry about collecting and preserving evidence, ordering records, or any other steps involved in a lawsuit. That’s why Brian Lewis is here.
If you or a loved one have experienced an accident due to someone else’s negligence, schedule a free consultation today.