Adrian Hill Chilcoot, Jessica Churchville Construction Zone: Roadwork Flagger Adrian Hill, Jessica Churchville Injured In Chilcoot DUI Car Accident On Highway 70
CHILCOOT, CALIFORNIA (July 9, 2019) – A California roadwork flagger identified as Adrian Hill was seriously injured in a DUI accident on Highway 70 that also injured Jessica Churchville.
California Highway Patrol are saying that the Chilcoot-Vinton accident that injured Adrian Hill and Jessica Churchville took place around 8:00 p.m. on July 8th. A Toyota Tundra was traveling down Highway 70 at a high rate of speed.
The Toyota Tundra rear-ended a Nissan Rogue that was stopped at a stop sign held up by the roadwork flagger. The force of the impact pushed the Nissan Rogue into Adrian Hill who was thrown into the air.
Police are saying that the flagger landed in a ditch and was critically injured. An air ambulance arrived at the scene and took Adrian Hill to the hospital in order to receive treatment. Jessica Churchville was transported to the hospital via ground ambulance with major injuries as well.
The 33-year-old driver of the Toyota Tundra from Palmdale was arrested on suspicion of felony DUI. An investigation into the cause of the accident that injured Adrian Hill and Jessica Churchville remains ongoing at this time.
Liability In Construction Zone Accidents
Every driver has a legal responsibility to operate their vehicles in a reasonably safe manner according to the prevailing conditions of the road. According to California Code of Civil Procedure 22350, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
If a driver was intoxicated when they caused an accident they may face civil as well as criminal liability. According to California Vehicle Code 23152, “(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” Penalties will typically be enhanced if an accident took place in a construction zone.
Workers that are injured on the job will typically be able to recover damages through the state’s worker’s compensation system. According to the California Department of Industrial Relations Workers Compensation Guidebook, “If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits.” What many workers and their families don’t realize is that the worker’s compensation system may not be their only recourse after an accident.
Third Party Liability In Construction Zone Accidents
In addition to worker’s compensation, an injured worker or their family may be able to recover damages through a bodily injury claim. This will typically be the case if an entity separate from a worker’s employer was liable for the accident. For example, negligent drivers can be held accountable through a civil claim. Caltrans may be liable for an accident if they failed to implement safety procedures to protect worker’s from oncoming traffic. Safety barriers and even heavy equipment can be used to protect workers from errant vehicles.
Any worker that was injured in a construction zone accident may be able to seek justice through a bodily injury claim. Potential claimants in a civil action could also include a victim’s spouse, children, parents or siblings. Damages can help cover medical bills, lost wages and pain and suffering. A car accident attorney can examine all of the facts of your case free of charge and let you know what your legal options are. They can let you know if there is potential third party negligence for an accident.
Investigating A Construction Zone Accident
We at West Coast Trial Lawyers extend our thoughts and prayers to Adrian Hill and Jessica Churchville as they continue to recover. There needs to be some accountability for what has happened. OSHA needs to conduct a thorough investigation into this accident site. Did Caltrans do everything in their power protect workers and drivers from oncoming traffic? The victims deserve answers.
Have you or someone that you care about been injured in a construction accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any questions that you may have. We care deeply about making sure that accident victims get all of the medical and financial assistance that they need to recover. In fact, we’ve successfully resolved thousands of claims over the years. Whether you need a free, independent investigation into a construction zone accident or just have questions about your rights we are here for you. You can reach out to us anytime at (888) 888-9285.