Essential Precautions for Drivers in Hazardous Road Construction Zones
Road construction often involves placing equipment such as barricades and construction cones on the road. Numerous safety incidents have implicated these items. Therefore, drivers must adhere to posted signs indicating construction zones on roads.
Observing safety speed limits in road construction areas is crucial, mainly to prevent accidents. Driving slowly and remaining vigilant is an effective way to achieve this goal.
A driver was seen rapidly changing lanes on the highway. Little did the driver know that there was construction going on ahead. The video of the incident has been a hot topic across all social media platforms. People want to know if the driver or the construction agency is at fault.
Company or Driver: Who Should Be Liable for Road Construction Safety
Ugo Lord, a skilled attorney specializing in traffic-related issues, explained who should be liable for the incident in layman’s terms. If you watch the video closely, you will see that the driver’s rapid lane change almost resulted in an accident.
In light of this, Ugo Lord emphasized that the city must ensure they provide notice to all drivers of construction on the road. Failure to do so, particularly in cases of scheduled maintenance, will hold them liable for any damages. However, in the United States, such incidents commonly occur when an unexpected road hazard occurs.
So, the city dispatches an emergency crew to clear the road construction safety hazard. Advance notice is difficult to achieve in emergency clean-up situations because the city’s focus is removing the hazard.
Therefore, in such situations, the driver must maintain a safe distance and be ready to adjust their driving in emergencies. Neglecting this responsibility could make the driver liable for damages unless the situation involves planned city maintenance. Planned city maintenance gives the city plenty of time to provide drivers with adequate notice.
California ‘Move Over’ Rule on Road Construction Safety
Every state in the United States has a move-over rule that safeguards first responders and construction workers. While each state has a different version of the rule, it generally requires that you slow down or switch to another lane for construction safety.
If workers are on one side of the road and not covered by a boundary, drivers must be especially cautious. Emergency vehicles were initially the intended beneficiaries of the move-over rule. However, it now covers the employees of the California Department of Transportation (Caltrans). So, if you break the move-over rule in work or road construction safety areas, you may pay a fine.
Can You Sue Construction Companies if You Get Into a Road Construction Safety Accident?
Yes, you can sue construction companies if their negligence causes road conditions that are not safe for drivers. Construction companies have a duty to ensure public roads are safe, even during construction. If there is no way to ensure road construction safety, then either the company and/or the city must ensure the road is closed to avoid road construction accidents.
Safety measures include installing the proper warning signs, removing equipment off the road, and designing secure routes around construction projects. You can sue a construction firm if they carelessly fail to prevent an avoidable accident in the work area.
You can also pursue legal action if a company employee is responsible for the accident. However, it’s essential to understand that you may be held accountable if you fail to heed road construction safety warning signs.
Can You Sue the Government for Bad Roads?
In North Carolina, for example, you can sue a city or town if they are responsible for the accident. That is, in cases where a poorly constructed road caused the accident due to road damage, such as potholes or degraded sections, inadequate boundaries, broken fences, etc., before the work area.
Additionally, you must prove that you suffered injuries caused by the state road. And that the government was aware of the dire conditions on the road. So, you can sue the government under the North Carolina Tort Claims Act if you reside there.
You are entitled to compensation for your medical and other expenditures if you have evidence of road construction safety violations.
Conclusion
Accidents can occur unexpectedly, but staying vigilant can often prevent them. If you’re involved in a crash that wasn’t your fault, it’s essential to seek the assistance of a skilled personal injury lawyer specializing in road construction safety.