Who Is Responsible For A Work Zone Fatal Accident?

Construction workers face numerous hazards on the job. The Occupational Safety and Health Administration (OSHA) stated that more than 120,000 construction workers suffer injuries, and around 1,500 construction workers die annually in the US. The primary cause of construction injuries is the work zone itself. To learn more about wrongful death in construction zone accidents, click here

Who is responsible for a work zone fatal accident?

Work zones that are located near busy roads and freeways are extremely dangerous. When it is not adequately protected, it poses a danger to the construction workers, and if an accident occurs, the consequences are fatal. 

In the event of a work zone accident that results in wrongful death, several parties can be held liable for the accident, which includes the following:

 

  • Reckless driver

 

Drivers should follow the speed limits when passing by a work zone to keep the construction workers safe. Unfortunately, many drivers drive through the work zone at high speeds. If any accident occurs by a reckless driver driving at high speed, he/she will be held liable for the losses. Car accidents can happen in several ways-

  • The car hits the equipment or warning sign, causing a chain reaction, while another car behind it hits the first.
  • A rear-end vehicle hits the front vehicle and slows down properly or stops.
  • The driver was distracted and did not spot the warning signs. Distracted driving caused a fatal accident. 

 

  • Third-party worker

 

Not every worker is employed by the same company on the construction site. If any third-party worker contributed to the wrongful death in a work zone accident, like failing to set up barricades safely or direct the traffic safely, they could be held liable for the damages when claiming wrongful death. 

 

  • Construction Company

 

Construction companies are responsible for making the construction zone safe, not having any hazards, and warning of existing dangers. When they breach their duty, they will be held liable for the damages caused due to their negligence. Construction companies can be held responsible in many ways.

  • Construction zone design created a hazard by forcing car drivers to make dangerous maneuvers.
  • The sites are improperly maintained and create hazards for drivers, making them sudden maneuvers to avoid accidents.
  • Inaccurate warning signs
  • Placement of barricades, devices, or signs placed too close to moving lanes.
  • Improperly placed warning signs.
  • Operating the construction machine impaired the passage of moving vehicles. 

 

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