The Portland Press-Herald reports the 58-year-old worker, employed by a private construction firm, sustained severe injuries while on the Maine Turnpike after a driver drifted off the road to where the worker was standing next to his truck. The impact threw him into the travel lane, but he managed to crawl to safety and was not struck by another vehicle. The motorist was cited for failing to move over or slow down, in accordance with Maine’s “move over law.”
Although a citation in and of itself is not proof of negligence, information therein could be used in a future personal injury lawsuit against the driver. In a situation like this, an injured worker may have multiple avenues from which to seek compensation. They would include a claim against the at-fault driver, as well as a workers’ compensation claim, due to the fact that the injury occurred in the course and scope of employment. Also, depending on the circumstances and whether there were other construction companies involved, there may be grounds for a third-party liability claim if the construction site was not properly established. Consulting with an experienced attorney is essential to ensuring you receive full and fair compensation.