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I Was Injured in a Road Construction Accident, What Are My Legal Options?

I Was Injured in a Road Construction Accident, What Are My Legal Options?

Posted By The Dunnion Law Firm || 23-Feb-2017

Road construction can cause some serious complications on major thoroughfares, which can lead to dangerous situations unless the proper precautions are taken. These precautions take the form of strict road construction regulations dictating proper practices for giving drivers notice and directing them safely through or around hazards.

When construction crews fail to honor these regulations or otherwise make decisions that endanger drivers, then road construction accidents can result. In some instances, the road construction crew, project owner or supervising contractor could be liable for injuries caused as a result of such accidents by way of a negligence-based injury claim.

If you have been the victim of an accident near road construction and think negligence may be to blame, read on to learn the legal principles behind your potential case.

Possible Negligent Causes of Road Construction Accidents

There are countless ways that a construction project could be improperly set up and lead to a high risk of dangerous accidents, but some of the most pertinent are:

  • Inadequate signage that fails to caution drivers about upcoming hazards, needed detours or a reduction in speed

  • Hazardous pavement that leaves gaps or uneven surfaces that can cause loss of traction, especially for two-wheeled vehicles. Regulations dictate that gaps or ridges of a certain size must be marked as well as having traffic reduce speed or directed around them

  • Unsafe sharp turns created in temporary or permanent road sections that suggest a much higher speed than is safe to navigate them

  • Tools, debris and materials not kept out of the way of traffic, leading to punctured tires or worse

When these conditions or ones similar to them are left on the road, then the construction company has committed what is known as a “breach in their duty of care” to keep drivers and their own workers safe. Evidence of regulation violations or general lax practices — like a never-present supervisor — can contribute to these allegations of negligence.

Determining Fault in a Construction Accident on the Road

If negligent behavior directly leads to an accident that causes an injury, then the injury victim has a right to pursue compensation from any and all liable parties. This right also covers accidents that happen after road construction projects have completed.

The only issue is determining who could be liable. A contractor crew operating on the site at the time may not have created the road condition that lead to the accident, for instance. Or, a supervising company could have lapsed in their duty when designing the project in the first place. Sometimes, a government entity like Caltrans or the Federal Highway Administration could be to blame for lax oversight or unsafe engineering.

The injury victim themselves may have also contributed to the accident, such as if a dangerous condition existed but they were still speeding at the time.

Categories: Auto Accident