Roadwork is essential to the proper upkeep of our nation’s infrastructure, including in Austin and throughout Texas. Unfortunately, the nature of road construction means dangerous roadside equipment, debris, and other risks to motorists. Construction crews operating in work zones must take all reasonable precautions to prevent hazardous conditions for passing motorists. Still, despite this duty to take reasonable care, 37,701 people suffered injuries in work zone car accidents in 2022 alone, with 891 deaths.
What Causes Work Zone Accidents In Texas?
Roadways in poor condition or inadequate for increased traffic are risky for motorists, but unfortunately, the work it takes to repair, rebuild, and maintain roads also presents a significant safety hazard, particularly if those responsible fail to uphold safety standards or act negligently on the job.
A work zone crash is a car accident that occurs in a section of the road that’s under construction or maintenance. Work zone sites can be confusing, and present hazardous driving conditions to the public. Common causes of work zone accidents in Austin include the following:
- Poor visibility due to obstructions
- Inadequate signage
- Roadside distraction
- Speeding
- Distracted or inattentive drivers
- Improper merging
- Poor project planning
- Confusing roadside instruction/poor traffic direction
- Improper work zone setup
Although drivers have a duty to follow the speed limit and practice due diligence when navigating construction zones, construction worker negligence or poor planning by road maintenance agencies often cause or contribute to serious work zone crashes in Austin and throughout Texas.
Who Is Liable for a Work Zone Accident In Austin?
Construction companies must follow regulations and standards put in place by the Occupational Safety and Health Administration (OSHA) to prevent hazardous conditions that endanger motorists as well as put workers at risk. Additionally, distracted driving, speeding, tailgating, and aggressive driving by a negligent driver in a work zone puts other motorists at risk. Common liable parties in work zone crashes in Austin include negligent drivers, negligent construction workers or supervisors, and negligent city, county, or state road planning agencies. Proving liability in Austin work zone accidents requires documenting evidence of the following:
- That the at-fault party owed a duty of care to the injury victim and others to take reasonable measures to avoid causing an accident
- They breached their duty through an act of negligence
- The negligent breach of duty caused an accident with injuries
- The injury victim suffered significant damages from the accident
When an accident causes damages, the injury victim shouldn’t have to be responsible if the accident was preventable and caused by someone else.
What If I am Partly Responsible for My Work Zone Accident In Austin?
Texas is a modified comparative negligence insurance state. Under Texas § 33.001, the law states the following:
“a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
In a comparative negligence insurance system, even if a driver is partly at fault for an accident, they can still recover compensation for damages like medical expenses, lost wages, and compensation for pain and suffering from the party with the greater percentage of fault. The insurance company of the other driver, road construction company, or road planning entity must pay compensation to an Austin car accident injury victim but subtracts a percentage equal to the injury victim’s fault for the accident. In other words, if you were 25% at fault because you were distracted by road construction and didn’t see debris in the road, but the construction company is 75% at fault for failing to clear road debris in a work zone, you can still recover $75,000 of a $100,000 claim.
How Can a Work Zone Accident Attorney In Austin Help?
Work zone crash claims in Austin require special attention to detail and careful handling due to different timelines and other filing requirements for claims against government entities like road planning and maintenance agencies. Call the Texas trial attorneys at Shaw Cowart, LLP today so we can protect your best interests throughout the process of your claim.