Who Is Liable in a Construction Zone Accident in Texas?

Every year, hundreds of construction zones are set up throughout Texas. Construction projects are necessary to improve the overall safety of Texas’s roads and highways. Unfortunately, they can pose a risk to drivers, construction workers and the general public. If a car accident takes place in a construction zone in Texas, find out who may be held responsible for paying for a victim’s injuries and property damage.

Why Do Construction Zone Accidents Happen?

Determining liability, or legal and financial responsibility, for a construction zone accident in Texas starts with understanding why the crash occurred. Texas is a fault-based car accident state, meaning the person or party at fault for causing an accident is generally who must pay for the damage caused. Most construction zone accident claims identify the negligent party as the defendant. Negligence is the failure to exercise ordinary care.

Construction Company Negligence 

A construction company has a responsibility to maintain a reasonably safe construction zone using appropriate warning signs, lighting and detours. They must also adequately train their workers. If a construction company falls short of these duties, it could be held responsible for a related crash.

City Negligence

The city or state in charge of organizing and overseeing road maintenance projects could be liable for a crash if it is negligent in keeping the public safe. If the city does not ensure that a construction zone is properly marked, for example, it could be responsible for injuries to drivers, construction workers or the public.

Driver Negligence

Motor vehicle drivers must take due care when passing through roadside construction zones. They must reduce their speed, obey all posted road signs and warnings, keep a safe distance from workers, and drive carefully and prudently. If a driver behaves recklessly behind the wheel in a construction zone, he or she could be held liable for worker injury or death.

Who Is Responsible for a Construction Zone Car Accident?

Once the cause of a construction zone accident is determined, the liable party or parties can be named in a personal injury lawsuit. Construction companies are often held responsible for these wrecks, either for their own negligence or the negligence of their workers. The vicarious liability law can hold employers responsible for the actions and negligence of their employees. This means that if a construction worker caused or contributed to an accident, the construction company can be held liable. 

Texas’s comparative fault law may also come into play in a construction zone accident case. The comparative fault or negligence rule states that an accident victim can still recover partial compensation for an accident if he or she is determined to share fault with the defendant. As long as the victim is allocated less than 51 percent of fault for the collision, he or she can still recover compensation in an amount equivalent to the defendant’s degree of fault. A San Antonio car accident attorney can help you explore the details of your unique case.

What to Do After a Construction Zone Accident in Texas

If you get involved in a construction zone accident in Texas, try to remain calm and do not admit fault. Gather the information of others involved, whether this is another driver or a construction worker. Call the police to report the accident right away. Take photographs and video footage while you are still at the scene of the crash. Go to a hospital immediately to treat your injuries. 

Then, before you begin the insurance claims process, contact an attorney. An attorney can give you advice and counsel during a personal injury claim. Hiring an attorney can help you avoid getting taken advantage of by a construction company or its insurance team. Your lawyer can fight to secure the best possible results for your case. Call (210) 762-4396 today for a free case consultation at Hill Law Firm.

Awards & Accolades