According to a renowned Las Vegas accident lawyer, hundreds of construction zone car accidents occur yearly in Nevada City. These construction zone car accidents result in severe injuries and property damage. Furthermore, they raise the concern of who is liable for the accident.
Although several parties can be liable for the accident, this query has two possible outcomes in most cases. The driver or the entity behind the construction zone is answerable for the car accident. Lawyers, insurance companies, and courts determine several factors to conclude this. This piece will discuss how courts evaluate liability for construction zone car accidents.
Causes of Construction Zone Accidents
Before diving into how a Las Vegas car accident lawyer or the court determines liability in construction zone accidents, we must understand the usual causes behind these unfortunate events. Understanding the causes behind construction accidents plays a significant role in determining who is at fault.
Careless/Reckless Driving
Reckless driving is among the top causes of construction zone accidents. Some examples include:
- Speeding
- Racing
- Ignoring stop signs and traffic signals
- Driving intoxicated
- Using the phone or texting while driving
Driving recklessly near a construction zone can easily miss stop signs leading to collisions and accidents.
Negligent or Poorly Trained Construction Workers
Sometimes the construction crew may be to blame for a car accident. Construction workers must be trained on the best practices, like placing stop signs and warnings on the road before beginning work and ensuring these signs are placed in visible areas. If construction workers fail to do so, it can lead to drivers maneuvering into dangerous construction zones, leading to catastrophic accidents.
How Courts Evaluate Liability in Construction Zone Accidents?
It can be challenging to evaluate liability in construction zone accidents. Therefore, the liability in construction zone accidents in Las Vegas is determined by considering several factors, including:
Duty of Care
Duty of care is a legal requirement that everyone has to follow. It requires one to take the necessary precautions to avoid foreseeable damage to another person. In construction zone accident cases, the court considers whether the driver and construction employees fulfilled their duty of care.
Construction workers are responsible for setting up visible stop and caution signs and properly storing equipment and debris to establish a safe working environment. Furthermore, drivers must adopt safe driving practices in construction zones, such as looking for stop signs and obeying all traffic rules and signals to avoid accidents. Evaluating whether both parties fulfilled the duty of care toward one another allows the court to get valuable insight into who might be at fault.
Availability of Warning Signs
As stated above, a lack of warning signs can be a major cause of construction accidents. Therefore, to evaluate whether construction workers were to blame for an accident, the court assesses whether the required number of warning signs are present near the construction zone and if these signs are placed in a visible location.
Surveillance and Eyewitness Accounts
Surveillance footage, videos, or photographic evidence can offer valuable information on who was liable for a construction zone accident. Furthermore, the court may also conduct eyewitness interviews of pedestrians or other individuals who might have been present during the accident to get insight into how the events unfolded and offer a fair verdict.
Employer Liability
In cases where construction workers involved in the accident are employees, the court also assesses the employer’s liability by considering factors like training. It is an employer’s responsibility to train construction workers on the best practices, like placing warning signs and following the rules and regulations set by the state. The employer may be liable for the accident if the construction workers were not trained properly during recruitment.
Comparative Fault
In many construction zone accidents, the construction workers and the driver may be at fault for the accident. In such situations, the court uses the principles of comparative fault, also known as comparative negligence, to determine the degree of negligence each party contributed to an incident. For example, if a driver’s negligence was among the reasons behind the accident, the court may decrease the compensation they receive.
Hire Las Vegas Car Accident Lawyer for Legal Assistance After a Construction Zone Car Accident
Being involved in a construction accident can be stressful. However, if you have been involved in a construction zone accident, we assure you that you are not alone. Our expert lawyers at Bourassa Law Group are here to assist you in taking legal action against an at-fault driver or construction crew and get fair compensation for your losses. Dial 1-800-870-8910 to contact a Las Vegas car accident attorney today. We also operate in several other locations, which you can learn about here.
1-800-870-8910