Herrling Clark Law Firm Ltd.
When Your Future is at Stake

Wisconsin construction zone accident lawyersImagine this common commuter scenario: Already running late for work, you take a wrong turn and find yourself in an area that is unfamiliar to you. Traffic congestion has you locked in, so you cannot turn around. A few moments later, you discover the cause of the congestion - a construction zone. You cannot avoid it, so you forge ahead, hoping for the best. Instead, you experience a construction zone accident, which ultimately causes serious personal injuries.

It would be easy to write this scenario off as the fault of the driver, but that may not be entirely true. In fact, that assumption could be almost entirely false! 

Every day, unsuspecting drivers attempt to navigate through dangerous and confusing construction zones that do not meet federal or state code. When a crash occurs, victims often blame themselves - because they were stressed or tired - and they rarely investigate whether there were other contributing factors, such as an error on the part of the construction crew. As a result, some of their losses may go uncompensated. 

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Wisconsin construction zone accident attorneysAuto accident claims are, by nature, complex, but when there is an element of government liability, even more rules and statutes are added. To make matters worse, these accident victims are at an even higher risk of a denied or reduced claim when filing suit against a government entity. Thankfully, a little knowledge, along with the assistance of an attorney, can improve the outcome of your case. Learn more in the following sections.

Is a Government Entity Liable?

The government has sovereign immunity, which protects it against lawsuits, but that immunity can be waived if one an agency or employees causes an accident by acting in a negligent manner. Traffic-related examples in which a government entity may be held liable include:

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Green Bay construction site accident lawyersThe Occupational Safety and Health Act (OSHA) of 1970 states that U.S. employers are required to provide a safe and healthful workplace. Unfortunately, not every employer complies. Take, for example, the recent trench collapse in South Carolina. Though no one was fatally injured in the incident, OSHA fined the company for not protecting its employees from trench collapse hazards. Learn more about these dangerous but common incidents involving construction site negligence, including your right to pursue compensation for the losses and injuries you have sustained.

OSHA’s Trenching Standards Promote Safety

Trench collapses are entirely preventable, especially when employers adhere to the standard OSHA protocols. This involves using protective systems on any trenches that exceed five feet. It also requires that employees are trained and protected with appropriate gear while inside the trench. Any failure to adhere may be considered an act of negligence, which may entitle the victim to compensation outside of the standard workers’ compensation system.

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b2ap3_thumbnail_Wisconsin-auto-accident-lawyers_20170526-162221_1.jpgThis Memorial Day weekend is expected to be the busiest for travel in more than a decade, and for good reason. Employment is up, gas prices are down, and families and friends are ready to celebrate. With some 766,000 Wisconsin residents expected to travel out of town and 693,000 expected to hit the highways, road crews are taking off for the extended weekend. Unfortunately, that does not eliminate the risk of a construction zone accident.

Construction Zones Still Require Attentiveness

Although workers are taking an extended weekend off to make more room for drivers, orange cones, lane closures, and other elements specific to construction zones will still be present. As always, these areas require that drivers be attentive. Pay special attention to the road and the drivers around you. Watch for sudden lane changes or closures, vehicles that seem to be moving erratically, and uneven pavement areas. Also, be prepared for slow traffic through construction areas, and even potential stops due to congestion.

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Appleton construction site accident attorneys, construction in wisconsinWarm weather means backyard barbecues, fishing trips, sun tans, and children playing outdoors. However, it also means an increase in construction work—more road work, more work zones, and (unfortunately) more construction site accidents. Sadly, some may lose their lives because of these crashes. However, with the right information, families can increase their odds of staying safe and making it through the crazy Wisconsin summer construction season.

Work Zone Accident Statistics

Workers are especially at risk for severe and fatal injuries in construction zones. In fact, in Wisconsin alone, three workers were killed in construction zones last year. Still, drivers are also at risk. In fact, data from the U.S. Department of Transportation Federal Highway Administration shows that, of 87,606 work zone accidents in the United States during 2010, 0.6 resulted in a fatal injury (576 fatalities in total). Another 30 percent of those accidents resulted in injury (37,476).

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Appleton Office
800 North Lynndale Drive
Appleton, WI
54914-3017
(920) 739-7366
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Green Bay Office
2740 South Oneida Street
Green Bay, WI
54304-5751
(920) 468-7366
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New London Office
105 East Waupaca Street
New London, WI
54961-1227
(920) 982-9652
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Oshkosh Office
510 North Koeller Street
Oshkosh, WI
54902
(920) 385-0616
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  • Wisconsin Association for Justice
  • State Bar of Wisconsin
  • American Bar Association
  • American Association for Justice
Herrling Clark Law Firm Ltd. is located in Appleton, Wisconsin, and serves clients in Fox Valley, Outagamie County, Brown County, Door County, Kewaunee County, Manitowoc County, Sheboygan County, Fond du Lac County, Calumet County, Winnebago County, including Appleton, New London, Clintonville, Neenah, Oshkosh, DePere, Fond du Lac, Sheboygan, Manitowoc, Kewaunee, Sturgeon Bay, Marinette, Neenah, Chilton, Menasha, Shawano, Waupaca, Wausau, and Green Bay, Wisconsin.
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