The Law Office of Brian Brunson Handles Construction Zone Accidents
One thing’s for certain, there is no shortage of construction zones in and around the Dallas-Fort Worth metroplex. At times, it seems like every major road is undergoing some sort of construction project. From driver’s not obeying construction zone speed limits, to construction debris left lying around, hazards are everywhere.
Potential Construction Zone Hazards
Motorists passing through construction zones face a variety of dangers, such as other cars and big trucks, frequently bad road conditions, work vehicles, construction workers, and heavy machinery. Even the most cautious drivers can end up in a serious crash. It’s impossible to manage every risk in these environments, and if someone else is careless, it could result in an accident that leads to significant harm.
Fellow Drivers. It’s common for drivers to become frustrated in construction areas, which can lead them to speed, drive carelessly, or lose focus. Truck drivers, in particular, often face a lot of pressure, and navigating through work zones can add to that stress. Still, these challenging situations do not justify careless actions. Additionally, the large size of trucks can result in serious injuries when accidents occur in these zones.
Construction Workers. The construction company has the main duty of making sure that the roads are safe for drivers. This includes things like marking any hazards on the road or redirecting traffic away from areas that could be dangerous. If they don’t take these precautions, it could lead to a car accident. While construction workers face their own dangers in work zones, they can also play a role in causing accidents if they operate machinery or drive work vehicles carelessly.
What if the Construction Zone Isn’t Marked Properly?
In most cases, the company that is awarded a project through a city or state contract is accountable for any construction areas that are either poorly marked or not marked at all. In Texas, the city or state government that grants the contract typically enjoys protection under sovereign immunity. This legal principle allows the government to have the authority to determine when and where to install traffic control devices. As a result, you cannot take legal action against the city or state simply because they decided that a traffic control device was unnecessary in a certain location. Legal action is generally only possible if the city or state had previously installed a traffic control device, removed it, and was aware of its absence but failed to replace it in a timely manner. This is outlined in the Texas Tort Claims Act and the concept of Sovereign Immunity.
Analyzing the Traffic Control Plan
A traffic control plan is a detailed blueprint that shows how a company plans to manage the safe movement of vehicles and workers in and around a construction site while the work is in progress. These plans usually include diagrams and thorough explanations of how the roadways will be modified for traffic and how drivers will be alerted to these changes. The contractor who gets the job knows that they are required to submit a traffic control plan to the state agency.
Getting a copy of the traffic control plan can be done easily through a subpoena or a request under the Freedom of Information Act. This is a straightforward method to find out if any mistakes were made. Usually, there are various contractors and subcontractors working on the project, and each one needs to know the traffic control plan and follow it properly. If the arrangement of roads and signs doesn’t match the traffic control plan, the person or group responsible for the incorrect setup could be held accountable for any accidents that happen because of the resulting confusion.
IF YOU’VE BEEN INJURED IN A CONSTRUCTION ZONE ACCIDENT, CONTACT US TODAY.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
