Road Construction Accidents: Who is at Fault?
With so many drivers on the road and so many roads in Southern California, it seems as though there is always road construction going on. With maintenance crews, closed roads, and traffic jams, it is no wonder that car accidents in construction zones are common. If the construction was a contributing factor, you may wonder: Who is responsible for the accident? Keep reading to get the legal facts about these cases and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like a free legal consultation.
The Many Dangers in Construction Accidents
There are many dangers involved in construction areas that can cause or contribute to accidents. These include lanes merging suddenly, cones and barriers coming out of nowhere, construction crew directions being faulty, and debris that can come along with construction. Whether the result is two cars colliding or one car hitting a debris, cones, or barriers, accidents are bound to happen.
Construction Crews and Their Government Employers Have a Duty of Care
Both the crews that are working construction and the government that employs them have a duty of care, which is the first step toward determining negligence. Keep in mind that drivers also have a duty of care. The crews and governments are obligated to follow standard rules for construction areas. They are also obligated to ensure that the rules are clear and consistent for motorist. Drivers must follow those rules and other regulations, such as right-of-way and speed limits.
One or More Parties Must Breach Their Duty of Care to Be Negligent
In order for a party to be determined at-fault for an accident, they must have breached their duty of care. For example, if a construction crew does not set up clear directions regarding their construction site, for lane mergers or detours, they could end up being found at fault – and so could their government employers.
Drivers can breach their duty of care by driving too fast in the construction zone, not merging safely, or otherwise not following the construction crew signs. This can make them fully or partially responsible for the accident they are involved in.
Construction Can Cause Accidents in Many Ways
It is not true that every accident in a construction zone is the fault of the construction crew but some are. Examples that would make them negligent include poor traffic control, confusing lane markings, inconsistently marked traffic patterns, debris in the way of traffic, unsafe lane merges, poor visibility, and others.
If construction was wholly or partially at fault for your car accident then you should contact a personal injury attorney who can assess your case. For a free legal consultation call Law Offices of Fernando D. Vargas at 909-982-0707. If we decide to take your case, you will not owe us a penny until we win your case. If we do not win it then you will not owe us anything.