Mississippi Road Construction Zone Accident Lawyer
Injured in a Highway Work Zone or by Negligent Road Construction in Mississippi?
Most work-zone deaths are not construction workers – according to MDOT, more than 85% are drivers and passengers. Missing lane lines, drums placed in the wrong spot, equipment parked in dangerous locations or unmarked for nighttime motorists, an unmarked pavement drop-off, a lane shift with no warning, or a fresh asphalt overlay that was never properly finished can turn an ordinary drive on I-20, I-59 or Highway 45 into a catastrophe. The Hamilton Law Firm has handled road-construction injury cases from our Meridian office for decades, with individual recoveries as large as $3,000,000. These cases are part of our car accident and personal injury practice.
Two Kinds of Defendants, Two Sets of Rules
The contractor. The prime contractor and its subcontractors – paving, striping, traffic-control and flagging companies – are typically private businesses. A claim against a private contractor is an ordinary negligence case: a three-year deadline, a jury, and no Mississippi Tort Claim cap on damages. The contractor’s obligations come from its contract with MDOT, which incorporates numerous standards that the contractor must comply with in order to correctly carry out its duties.
MDOT, the county or the city. Certain claims may involve actions or inactions taken by governmental actors. Those claims against the government are governed by the Mississippi Tort Claims Act: a 90-day written notice, a one-year deadline, a bench trial and a $500,000 cap.
Common Causes of Work-Zone Crashes We Investigate
- Missing, faded or conflicting lane and edge lines after milling or paving.
- Pavement edge drop-offs and uneven lanes with no warning or wedge.
- Defective asphalt overlays, ruts and loose aggregate that cause loss of control.
- Drums, barrels and barriers placed contrary to the Traffic Control Plan or the MUTCD.
- Inadequate advance warning signs, taper lengths and lane-shift markings, especially at night.
- Flagger error and improper pilot-car operations.
- Construction vehicles and equipment entering or stopped in live lanes.
- Unlit or unprotected trenches, excavations and closed lanes.
Proving the Case
Work zones change daily, so evidence must be captured immediately. We obtain the Traffic Control Plan and the contractor’s daily diaries and inspection reports, MDOT’s project records and the “responsible person” logs, photographs and video from the days before and after the crash, the 911 and crash reports, and the vehicle’s data recorder, and we retain highway-engineering and accident-reconstruction experts who can show exactly how the zone deviated from the standards. Mississippi courts allow the Manual on Uniform Traffic Control Devices to be considered as evidence of the standard of care.
What To Do After a Work-Zone Crash
- Call 911 and get medical care.
- Photograph the striping, drums, signs, pavement edge and any defects from your car’s point of view, and get the names of witnesses and the contractor on the project signs.
- Do not give a statement to the contractor’s insurer.
- Call us right away – the government notice must be served within months, and the zone will look different within days.
Work Zone Accident FAQs
The crash happened in a work zone but no workers were present. Does that matter?
Not for your claim. The contractor’s duty to maintain proper striping, signs and barriers continues around the clock, and many of the worst crashes happen at night after the crew has gone home and left temporary markings missing or confusing.
The other driver hit me, not the construction company. Can the contractor still be responsible?
Yes. If a missing lane line, misplaced drum or unmarked lane shift caused the other driver to enter your lane, the contractor’s negligence combined with the driver’s to cause the crash. Mississippi law allocates fault among everyone who contributed, and the contractor’s insurance is often far larger than the driver’s.
I hit a piece of construction equipment or debris left in the lane at night. Can I recover?
Equipment and materials in or near live lanes must be removed or protected with lighting and barriers before the crew leaves. Leaving them unprotected is a classic work-zone negligence claim. Call R. Kevin Hamilton at (601) 693-5548 or contact us online. No fee unless we win.
