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Car Accidents In Construction Zones: Who Is At Fault?

by | Jul 22, 2016 | Auto Accidents

Sometimes it can feel like construction zones are permanent fixtures of roads and highways across the U.S. While these zones are necessary for the maintenance and upkeep of this vital part of our daily lives, they bring a variety of hazards that, if not handled correctly, can lead to injuries and damage to both the construction zones as well as your vehicle. Some of the more common mistakes that can lead to injuries include:

  • Dangerous Road Conditions: Road construction will inevitably create uneven sections of pavement, and while it will eventually be repaired, can lead to temporary hazards. While these conditions can result in damage to the underside of vehicles, these uneven sections are especially dangerous to motorcyclists. Construction companies that fail to properly label these hazards could be liable for injuries or damages caused to an unaware motorist.
  • Poor Signage: Federal and state regulations require that signs be used to warn motorists of upcoming construction zones, specifying where they need to be placed, how many should be placed, and what types of signs need to be placed. Failure to do so can lead to can lead to injuries and property damage to motorists, construction, and the construction zones themselves.
  • Unsafe Redirection: Some construction zones may redirect motorists in order to avoid the workers. If these detours surprise drivers with an unexpected sharp turn at high speeds, the construction company could be liable for injuries or damages sustained in an accident caused by navigating these high speed turns.

If you intend to file a lawsuit against the construction company, you will need to prove three elements in order to establish negligence.

  1. Duty to Maintain a Safe Construction Zone: The construction company has a duty to maintain a certain level of safety in the construction zone, and you will need to establish what constitutes a safe construction zone in your lawsuit. This comes in two parts: federal and state regulations, and whether or not the construction company took reasonable measures to establish a safe zone.
  2. Breach of Duty: Once you establish that constitutes a safe construction zone, you need to prove that the construction company breached their duty to maintain a certain standard of safety.
  3. Harm Resulting from the Breach: The final step is to prove that the construction company’s failure to maintain a certain standard of safety directly resulted in your injuries or property damage.

Before you proceed with your lawsuit, it’s important to hire qualified and experienced legal counsel. Our San Antonio car accident attorneys at the Wyatt Law Firm have successfully recovered millions of dollars in settlements and verdicts for our clients, and can help you create a plan of action that best suits your needs.Contact us today to request a free case consultation, or give us a call at (210) 702-2162 to set up a meeting with one of our lawyers.