Who is at Fault in an Accident Within a Construction Zone?

Driving is a dangerous activity no matter what the conditions. But, if you are on a roadway and suddenly encounter a construction zone, the path ahead may become a tricky one.

Construction zones often include a variety of things about them that make driving difficult and, as such, are often the scene of accidents. Unfortunately, when these accidents occur determining fault of the accident within a construction zone is always a complex one – due to the numerous parties that may be involved. There are some aspects of construction zones that make them inherently dangerous to drivers and therefore creating accident-prone areas. Some of these include:

• Sudden and often dramatic reductions in speed – If you are travelling on a road that has a 65mph posted speed limit and suddenly encounter a construction zone with a 20mph posted speed limit, this can cause major issues. Backed up traffic that seemingly appears out of nowhere can lead to rear end crashes and even car veering off the road or crashing into the construction zone if they failed to notice the new posted speed limits. 

• Diverted traffic lanes and new traffic patterns – Navigating temporary lanes that are created with traffic barrels or cones can present another challenge that often lead to accidents.

• Construction vehicles parked very close to existing lanes – A construction zone may require several vehicles on site and if these vehicles are parked very close to existing traffic lanes, this can pose a problem for drivers as they make their way through the zone.

• Construction workers and/or flaggers directing traffic – Another factor that can lead to construction zone accidents is the presence of workers in the area. Absent minded workers could be standing in active traffic lanes or give incorrect signals to drivers which may confuse them and lead to an accident.

• Various temporary signs and construction markets – Construction zones are often filled with temporary signs that, while they are trying their best to inform and warn drivers, they can prove to be a serious distraction at the same time.

photo/ OpenClipart-Vectors

If you are involved in an auto accident within a construction zone, your first question may be, “Who is really liable for the accident?” Even if another person it you, because of all of them issues mentioned above, their actions may have been at least party due to one of these factors. You, the other driver, and certainly the insurance company may look to seek damages from the company responsible for the construction zone. There are many factors that could indeed indicate that some aspect of the construction zone helped cause the accident. These include an incorrect sign posting, a worker who gave wrong signals to a driver, equipment blocking the road and more. Because of this, it is a wise idea to no try to handle such an incident by yourself.

Securing the services of a qualified law firm that has experience in dealing with construction zone accidents is likely the best course of action. They will do an extensive job to look at every aspect of the accident to determine true fault. A case such as this may result in the law firm seeking compensation from the driver’s insurance company and the construction company as well. Such a lawsuit can be complicated, but your lawyers will handle every aspect of the case for you and work to secure you every bit of the compensation and restitution you deserve if you were involved in a construction zone accident.

Author: Sourabh Sharma