Negligent Road Construction That Causes Auto Accidents

Sep 18, 2019 | Car Accidents, Legal Articles

Christina Trotta

Personal Injury Lawyer

If you have been involved in an accident that was caused by a negligent road construction, you may file a lawsuit against the City or construction company to compensate you for your damages.

Common Injuries in a Pedestrian Accident
There are mistakes in road construction that can contribute to accidents that lead to serious injuries. The victims of such accidents can file a lawsuit against the construction company and in some cases the City for acting negligently during the road construction. We’ll go over some of those common mistakes in road constructions that can lead to injuries and the type of lawsuits victims may consider filing.

Improper signage

The law stipulates that motorists should be given ample warning of any constructions using proper signage. The City is very clear on the type of signs that should be used on the road, the number and where they need to be placed. If the construction company fails to use the proper warning sign to notify motorists, it can lead to an accident.

Notify motorists of too sharp a turn

If motorists face a sudden sharp turn, accidents are more likely to occur. The law requires that the construction company or municipality should avoid instances where motorists will be required to make too sharp turns especially when they are at high speeds which can be very dangerous.

Uneven pavements

When a road is constructed, the company or municipality in charge may leave a dangerous condition in the pavement that contributes to an accident. If an unmarked uneven road surface causes an accident, they should be held liable. Dangerous conditions in the pavement include any ridge with two or more inches, which aren’t properly marked, or a slippery surface where motorists should be given the warning to reduce speed.

Poor road construction

Once the construction of the road is complete, a car accident can occur because the job was poorly done. If this happens, a claim can be filed against the ‘’owner’’ of the road.  Many of these lawsuits are as a result of poor maintenance as opposed to negligent construction.

Personal injuries that occur during road constructions

Road construction workers, as well as, motorists can sue a construction company or municipality if they sustain injuries caused by road construction. To establish negligence, the victim must prove three elements.

  1. Duty to keep the construction zone safe

The company that is in charge of road construction has a duty to ensure both workers and motorists are safe in the construction zone. First, they need to comply with all the federal and state regulations pertaining to road constructions. For instance, any warning signs should be placed at least a quarter of a mile before the start of the construction zone. Additionally, they must ensure that the right signage is used. Secondly, the construction company must take reasonable measures to keep the construction zone safe.

  1. Breach of duty

If the construction company or municipality is found to have breached their duty to keep the construction zone safe, it constitutes negligence. For instance, the construction company is required to give prior warning to motorists regarding the construction zone at least a quarter a mile. If it doesn’t do this, it’s said to have breached its duty of care and acted negligently. If this breach of duty resulted in harm or injuries to an employee or motorist, the construction company or municipality will be held liable.

  1. Harm caused by breach of duty

When involved in a personal injury or accident that was caused by the breach of duty of a construction company, the victim can file for different forms of damages. For instance, the victim can file for property damage which includes the cost of repairing or replacing the car, medical expenses, lost wages, pain, and suffering.  Sometimes an accident caused by a negligent road construction company can result in a decreased quality of life due to the injuries sustained.

Proving negligence

The injured person must prove negligence in order to receive compensation.  For instance, the victim’s lawyers can prove that the construction company created a sharp curve on a freeway and warned motorists to slow down at 45 miles per hour yet the maximum speed that the motorist could negotiate the curve safely is 35 miles per hour. The construction company should have then made the curve easier to navigate or warned motorists to travel at a much slower speed. It is important to work with a lawyer who understands the complexities of the Ontario law and will do all it takes to secure fair compensation for the victim.