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Construction Zone Accident Liability: What You Need to Know

Posted on behalf of Anderson Cummings on Oct 14, 2021 in Auto Accidents

Construction zoneCar accident cases involving construction zone crashes may be complex as liability may fall on multiple parties. It can also be difficult to determine the cause of the crash because the normal flow of traffic has been disrupted.  

Fortunately, our auto accident lawyers in Fort Worth have the knowledge and experience to help you determine who may be at fault for the crash. We are prepared to file a claim on your behalf as we pursue maximum compensation for your damages.

We offer a free consultation to discuss the facts of your claim and there are no fees while we work on your case.

How Is Fault Determined for a Construction Zone Accident?

One of the most important steps in determining the cause of a construction zone accident is to get law enforcement involved. A responding officer should conduct a preliminary investigation at the scene of the accident and file a police report that should explain why the officer thinks the crash happened.

However, if fault is not immediately clear, investigators may have to do more work to determine who caused the crash. This may be especially true if there were multiple vehicles involved. At that point, an accident reconstruction specialist may need to get involved.

It is also important to note that fault may not always lie with another driver, but with other entities such as the construction company in charge of maintaining a safe work zone or even the city or municipal government where the construction zone is located. When the liability may fall to one of these other parties, a more thorough investigation may need to be conducted by your attorney.

Parties That May Be Liable for Your Damages

Remember that to recover compensation from an at-fault party, you must prove his or her negligent actions caused the accident that directly resulted in your damages.

One or More Negligent Drivers

Under Texas law, a driver who is found at fault for an accident is financially responsible for the damages he or she caused to others. Therefore, you would need to file a claim with the liability insurance of the driver who caused the crash. If more than one driver acted negligently and you were injured, you may be able to file a claim with all the at-fault parties, especially if your damages exceed the policy limits of one of the drivers.

To prove one or more drivers caused your damages, our attorneys will need to help you gather evidence, including:

  • Red light camera/traffic video from the scene of the crash
  • A police report
  • Testimony from witnesses to the crash
  • And more

Construction Workers

Construction companies have a legal requirement to minimize the risk of injury and warn of any potential danger within a construction zone. When this duty of care is breached, the company may be held financially liable for damages that result. If a single construction worker’s actions are what caused a breach of that duty of care, the construction company may still be vicariously liable for his or her actions.

Our attorneys may be able to help you gather the necessary evidence to prove a construction company or its on-site workers acted negligently, such as by:

  • Failing to design the construction zone in a way that would not force motorists to make dangerous maneuvers
  • Failing to keep equipment off the roadways to avoid creating a hazard to motorists
  • Failing to properly place warning signs throughout the work zone to alert motorists of potential hazards
  • Failing to safely operate construction equipment and heavy machinery to avoid creating unnecessary hazards

Government Entities

Not only do other drivers and construction companies owe motorists a duty of care, but so do government entities. A government entity may be financially liable for your damages in a construction zone accident if they failed to take the necessary precautions to avoid an accident and injuries.

For example, if an accident occurs on or near a hazardous construction site where the state or local government municipality failed to shut down a roadway, that government entity may be held liable for damages.

Filing a claim for compensation against a government body may be more complex since there are different rules governing these claims. Therefore, it may be in your best interest to seek help from one of our licensed attorneys.

Call Us Today for a Free Consultation

If you were injured in an accident in a construction zone, you may be able to pursue compensation from more than one liable party, depending on several factors.

Let our knowledgeable attorneys review your claim during a free consultation to see what legal options may be available to you.

There are no fees while we work on your case, and you do not owe us anything unless we successfully recover compensation on your behalf.

Call us today at (877) 920-9009