Although she was looking at her cell phone when she struck and almost killed a construction worker in a town near the Twin Cities, it turns out she will only face misdemeanor criminal charges. This is in large part due to some legal obstacles that, according to prosecutors, make it difficult to pursue a felony case.
The worker was in a coma for weeks and had severe injuries to multiple parts of her body. She has regained consciousness, and she plans to move forward with her life. However, these injuries will probably continue to affect her for a very long time.
At the time of the accident, the driver admitted to looking down at a social media notice that appeared on her phone. When she looked up, traffic was backing up to stop for the construction zone. She decided to avoid hitting the upcoming vehicles by swerving, thereby hitting the unprotected construction worker instead.
The worker should, thankfully, qualify for workers' compensation benefits. These benefits should cover the expensive hospital and medical bills and should also help her with some of her lost income. However, especially given the extent of these injuries, workers' compensation is unlikely to pay for every loss the woman suffered as a result of this construction accident.
However, the injured construction worker may have additional options for recovery, including the option to sue the apparently negligent driver who was engaged in texting and driving. This process, called a third party liability claim, can help the woman recover additional lost wages and expenses and also get some compensation for what no doubt was a lot of pain and suffering.