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Accidents Caused by Road Construction: Who Is Liable?

In any auto accident, if a claim for compensation is filed; part of the legal process is determining who’s liable for the accident. Ideally, if there’s construction on the road, precautions taken by the local government agency, the construction company and the driver should work together to prevent an accident.

However, if an accident occurs, it’s likely that one of those parties involved did not fulfill their responsibility. If evidence of negligence or a mistake can be found, then the victim may receive a sizeable compensation.

 Construction barriers on a road to prevent a car accident

Construction Zone Liability

When construction or damage occurs on the road, the construction company hired by the local authorities is responsible for setting up the appropriate signs. These signs and notices are vital for preventing cars and trucks from driving into a construction zone.

In some cases, barriers may also be erected, and detours created for cars to be able to pass by easily. If a construction company does not make the necessary arrangements or skips steps in the process, they may be liable.

On freeways, where the speed limit is much higher than on streets and normal roads, these errors can lead to serious and fatal injuries, which is why if you’ve survived a car accident in similar circumstances, you should reach out to an accident lawyer for help filing a claim.

Faulty Road Construction

There are some scenarios in which the road may not be repaired or reconstructed properly. If a road is damaged or has degraded over time, the city is responsible for taking notice promptly and addressing the fault.

However, if the city can be proven to have neglected its responsibility to make sure roads are smooth and fault-free, then the local authorities may owe you compensation for damages incurred to you.

Depending on the state in question, claimants may have to file a claim within a certain amount of time, to the state Industrial Commission.

Driver or Third-Party Negligence

In some cases, there may be third-party liability. For example, if you’re in a rental car or a ride-hailing cab, then mistakes or errors in judgment made by the driver can cause the company to be liable.

Additionally, if there’s a fault with construction machines and materials or the cab/rental you’re in; you may have a valid claim against the said party. Construction zones car accidents often end up in a shared-liability claim, but that also depends on what your auto accident attorney tells you.

If you’re looking to file a similar claim, feel free to reach out to us for an appointment with Lisa Douglas, a knowledgeable car and truck accident lawyer in Little Rock, AR. You can reach us at (501) 798-0004

 

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