Construction zones are filled with temporary traffic patterns, lane reductions, signage, and workers on or near the road. Unsurprisingly, these conditions can increase the likelihood of a car accident. Determining liability for an accident in a construction zone depends on multiple factors, and things can quickly become complicated. That can be especially distressing if you or a loved one is recovering from injuries caused by the crash.
Can a Driver Be Held Responsible for a Construction Zone Crash?
Yes. Drivers have a duty to follow posted signs, obey reduced speed limits, and respond appropriately to lane changes, barriers, and workers present in the area. If a motorist fails to yield, speeds through the zone, or becomes distracted and collides with another vehicle, liability may fall on that driver. Even if signage is unclear or visibility is reduced, drivers are expected to proceed with caution.
When Can a Construction Company Be Liable?
A construction company may be held responsible if its actions or omissions contributed to unsafe road conditions. Examples include poor signage placement, lack of proper warnings, unmarked lane shifts, or improperly secured equipment.
These companies and their contractors are expected to follow safety guidelines set by federal and state transportation agencies. If either party failed to follow safety standards for setting up the work zone or created a confusing traffic pattern that led to a collision, liability may shift to them.
Can Government Entities Be Held Accountable?
In some situations, a city or state agency may share responsibility. Public entities often oversee road construction projects and must review traffic safety plans before work begins. If they approved an unsafe layout or failed to respond to known hazards, they may become part of a legal claim. Additionally, if ongoing work created dangerous conditions and the responsible agency ignored reports or complaints, their failure to act may contribute to liability.
Pursuing a claim against a government body can involve specific procedural rules, such as shorter deadlines and stricter filing requirements. While it is possible for a municipality or state agency to be held responsible, the process often involves detailed investigation and evidence.
Is Liability Ever Shared Between Multiple Parties?
Yes. A driver may have been speeding, but if the construction company failed to post visible signs about an upcoming lane shift, both may bear some responsibility. Similarly, if road conditions were hazardous due to a lack of proper drainage during construction and a driver reacted poorly, both parties could be involved in a legal claim.
“Comparative fault” laws may apply depending on the state, meaning a person injured in a crash may still recover damages even if partially at fault. The specific share of liability assigned to each party may influence the outcome of a legal claim, including how much compensation is awarded.
What Evidence Would Strengthen My Case?
Evidence plays a significant role in identifying the cause of a construction zone accident. This may include photos of the scene, traffic camera footage, construction plans, eyewitness accounts, and police reports. In some cases, logs of prior complaints or inspection records can provide insight into whether the area was already known to be hazardous.
Timely collection of this information can be critical, since construction zones are often temporary, and conditions can change rapidly after an accident. Road barriers may be moved, signs replaced, or hazards removed. Preserving evidence quickly after the incident helps identify how the zone was laid out at the time of the crash and who may have contributed to the conditions that caused it.
Learn How the Skilled Toms River Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Can Help in Determining Fault if You Had a Crash in a Construction Zone
These accidents can become complicated, and proving liability requires a thorough review of the facts and trusted legal guidance. The experienced Toms River car accident lawyers at Kitrick, McWeeney & Wells, LLC can review your case and determine how the work zone conditions may have contributed to the crash. For a free consultation, contact us online or call our Manasquan and Brick, New Jersey offices at 732-920-8383. We proudly serve clients across New Jersey.