Construction zones are common throughout Texas as they are necessary to improve traffic flow and safety. However, these areas are hotspots for accidents because motorists may not expect them and may fail to adjust their driving accordingly. Determining legal liability for these accidents can be challenging, but an experienced car accident lawyer in San Antonio can provide valuable assistance.
Determining Legal Responsibility for a Construction Zone Accident
Determining legal responsibility for this type of accident begins by identifying the reason the crash occurred. Texas is an at-fault state for car accidents, so the party deemed at fault for the accident is responsible for paying for the resulting damages.
An investigation may be necessary to determine fault, which may involve:
- Reviewing accident reports
- Obtaining video footage from traffic cameras, dashcams, or CCTV footage
- Analyzing accident scene photos
- Reviewing driver statements
- Interviewing eyewitnesses
- Inspecting the damage to each vehicle
- Hiring accident reconstruction experts to prepare reports
Depending on the circumstances, the following could be responsible for a construction zone accident:
Other Drivers
Other drivers may be responsible for these accidents. Drivers must take due care when traveling through a roadside construction zone. Many accidents occur in these areas each year because drivers:
- Speed
- Are distracted
- Don’t pay attention
- Don’t follow signs
- Don’t keep a safe distance from workers
- Fail to yield the right-of-way
Construction Companies
Construction companies that complete these projects are responsible for maintaining reasonably safe construction zones. They must post appropriate warning signs and use detours and lighting to aid in their endeavors. They are also responsible for training their workers. If the construction company or its workers are negligent, they can be held liable for a crash. Employers are held responsible for worker negligence under the doctrine of respondeat superior, which holds them accountable for their employees’ actions and negligence.
The City
In some construction zone accidents, it is the city that is negligent. For example, the city may be responsible for ensuring that a construction zone is properly marked for projects it organizes or oversees. Special notice requirements and damage caps apply to cases involving Texas cities and municipalities.
Shared Fault
If the accident is due to the negligence of more than one party, the state’s comparative fault law can apply. Under this rule, accident victims who contributed to the accident can still recover compensation as long as they were assigned less than 51% of the fault for the accident. However, their financial compensation is reduced in proportion to their degree of fault. So, if they’re found to be 10% at fault, their damages would be reduced proportionately by 10%.
Contact Our Construction Zone Accident Lawyers for Assistance
If you were injured in a construction zone accident, sorting out liability can be challenging, especially when you’re already dealing with painful injuries. George Salinas Injury Lawyers can help protect your legal rights, investigate your case, and identify all at-fault parties, fighting to secure the compensation you deserve. Call us today to arrange a free case consultation.