May 17, 2022 | Accidents, Workers' compensation, Wrongful death

Red Oak, Iowa – A road construction worker identified as Brian Kelly Parker of Harlan, Iowa was operating a traffic control device in a construction zone on Highway U.S 34 just west of Read Oak, IA.  According to authorities (the Montgomery County Sheriff’s Office), a man was traveling eastbound heading for a transition area into a construction zone.

The driver, identified as Shawn Dale Kammerer of Red Oak, IA, is accused of failing to obey a stop sign and struck the construction worker.  The construction worker (Brian Kelley Parker) was taken to the Montgomery County Memorial Hospital, where he died from his injuries.  The incident is under investigation.

All too often these types of accidents occur due to distracted driving, impaired driving, weather conditions, visibility, lighting and other hazardous conditions.  We have all heard the warnings about slowing down and being more cautious near construction zones, yet everyday these warnings are ignored.

Once an accident like this occurs, there are multiple courses of action to consider.  For one, the family of Brian Kelly Parker may be entitled to a wrongful death claim.  Wrongful Death lawsuits are generally filed by the decedent’s survivors (immediate family – spouses, children, parents) in order to generate compensation for the losses they, and other family members, experience.

The first step in pursuing a wrongful death lawsuit is to seek a wrongful death lawyer. An experienced wrongful death attorney will stand with you through this difficult time and protect your rights. They will determine the best way to seek compensation and fight for full compensation on your behalf.

Additionally, since Mr. Parker was killed while on the job, a workers’ compensation claim can be considered.  In simple terms, workers’ compensation is an insurance policy held by employers that compensates workers who become injured or killed while on the job. It’s a no-fault insurance policy, so it doesn’t matter who caused the accident that led to the injury or death.

One thing family members need to be concerned about is that insurance companies may try to pressure them into settling for a quick payout that is far less than the case may be worth.  This reason alone is why the family should engage with a seasoned workers’ comp attorney.

An attorney will advocate for their client and ensure they are treated fairly and with respect for their loss.  Attorneys are also excellent negotiators that understand the process and have more background information on the ins-and-outs of these types of cases.

If you or your family ever have to deal with the consequences of a tragic accident, you owe it to yourself and your family to work with experienced legal counsel.

Iowa Road Construction Worker Dies