Our client was a passenger of a vehicle being driven through a poorly lighted construction site. It was extremely dark, and the placement of the construction barrels appeared to create a lane of traffic. As a result, the driver of the vehicle struck the exposed end of a median wall. Starting only with the Smart Crash Traffic Report, our attorneys began our own investigation. Watch the video to learn what happened.
From one line in the accident crash report we learned that the Crash Reconstruction officer had determined that the configuration of the orange construction barrels, suggested that there were three lanes of travel instead of two, leading the driver into a concrete crash barrier for an underpass.
We filed a lawsuit and learned that this road used to have four lanes and was currently under construction lead by the general contractor K-Five construction whose subcontractors were Highway Safety, the subcontractor responsible for temporary safety control devices, and Midwest Fence, the subcontractor responsible for the selection and implementation of the crash cushions.
A crash cushion typically is those big yellow barrels with black tops that are placed on the highways when you are getting off a highway. Those crash cushions are created to soften the blows when drivers don’t see the concrete walls, especially when dark.
According to the design plans designed by Graef-USA, for the Illinois Department of Transportation– K-Five construction was to implement this construction site following the Federal and State Highway Construction Rules of the Road – which were being done to expressly address a history of crashes in to the concrete barrier wall at that overpass.
We learned that the Highway construction rules mandated, a flashing arrow board was supposed to be placed in front of this third lane — the driver went down, type III barricades were to line the lane along with orange construction barrels for 100 yards and finally they were mandated to have crash cushions for any new construction sites. None were present on the day of the crash. The only traffic devices that remained on the roadway were a few random barrels, which were not properly placed.
Had K-Five construction chosen to follow the rules they were required by IDOT– by maintaining proper traffic control devices our client would be alive today to care for his family. This case settled for a significant amount.
If you have questions about roadway construction accidents, call 1-312-384-1920 or 1-800-693-1LAW or reach us by email. With over 50 years of combined experience and millions recovered in verdicts and settlements, let our experienced car and truck accident attorneys in Chicago help you. Visit our firm’s media page, where you can view more videos and media content from the Dinizulu Law Group, Ltd.
Dinizulu Law Group, Ltd.
221 North LaSalle
Chicago, IL 60601