Who Is At Fault For Accidents In A Work Zone?
Michael Babboni
Car Accidents
With the summer season finally here, that means two things in Florida: The kick off of beach days and construction season. Road construction season can be a frustrating when it occurs on your daily route. Sure, we all know it’s important to keep our roadways safe and in good condition. However, with roads closing, the slowing down of traffic, and the hazards it presents to both drivers and road workers, things can get dangerous. As a result, there are often bad accidents in a construction zone.How Work Zones Increase The Likelihood Of An Accident
Work zones disrupt the normal process of traffic and can be confusing for drivers. Even with signs, barriers, and pavement markings, drivers don’t always know how to navigate each specific zone. Add to that the presence of heavy machinery and road workers that don’t follow normal traffic laws and broken and uneven parts of the road mid-construction, you have a recipe for accidents.
When The Driver Is Liable For The Accident
One of the most difficult things about work zone accidents, is it can be difficult to determine who is liable for the accident. In most cases, the driver causes the accident and is therefore liable. Some of the most common causes include:
● Ignoring Construction Signs: Drivers often ignore construction signs and decide to drive how they feel will get them to their destination the fastest. These signs are important to provide guidance for the road and when ignored, can lead drivers to hit other drivers, barriers, and road workers.
● Speeding: Speeding happens frequently in work zones because they typically reduce the speed limit to meet the conditions. Many times people just mindlessly drive the normal speed limit. On heavily trafficked roads, there’s a lot of stop and go traffic which can be frustrating for drivers, leading them to speed as soon as they get clear. Speeding leads to not only more accidents, but worst damage from accidents.
● Improper Merging: Many times work zones close down a single lane, forcing traffic to merge. Merging can be difficult without a merge lane and lead to accidents between vehicles and between drivers and workers and barriers.
In these cases, the driver or drivers is almost always considered at fault. There are also specific accidents that are typically the driver’s fault including:
● Colliding with construction equipment or signage
● Read ending another vehicle that is stopped for traffic
● Driving while distracted and colliding with vehicles or construction equipment
However, there are times when the construction company is at fault for the accident.
When The Construction Company Is Liable For The Accident
There are several scenarios where the construction company may have caused the work zone accident, even if the accident occurred between two drivers. Those scenarios include:
● Not posting signage in a visible area
● Posting signage in an undesignated area
● Illegible signage
● Not clearly directing traffic on lane usage
● Inadequate lights on construction equipment
● Improperly placed or inadequate lighting in the construction zone
● Creating dangerous roadway hazards by failing to maintain the work site
● Breaking traffic laws with their work vehicles or construction vehicles
Construction companies, like drivers, have specific rules they have to follow. If they break these rules, they are liable for the accident.
How An Auto Accident Attorney Can Help
In order to really understand who is at fault for a work zone accident, you will need a case examination by a qualified attorney. A knowledgeable attorney knows what laws construction companies have to follow, as well as what laws drivers have to follow. Then they can collect evidence around the crash that helps prove who broke the law and caused the accident. They will also be able to present this evidence to insurance companies and to courts in order to prove liability and pursue a fair claim for the damages from the accident.
At Shapiro, Goldman, Babboni, and Walsh, we’ve represented hundreds of work zone accident victims and have helped them determine who is truly responsible for their damages. If you’ve been in a work zone accident, we can help you too.