Who Is Liable for Road Construction Accidents in Texas?
It seems like road construction never ends, and many times, the constant road work makes your commute feel like a hassle. While most people simply slow down and go around the orange cones, it isn’t always easy to get through the site. In some cases, road construction causes serious accidents and significant injuries. But when you’ve been hurt in a construction zone, who is held liable for the incident? Here’s what you need to know about road construction accidents in Texas and how you can get compensated for your injuries.
Why Road Construction Zones Are High-Risk Areas
Work zones are so dangerous because they interrupt the natural flow of traffic and introduce hazards that drivers don’t encounter every day. With more potential dangers on the road, the likelihood of a collision naturally increases. These factors can further increase the risk of an accident:
- Uneven pavement
- Sudden speed limit drops
- Narrow lanes
- Gravel or debris in the road
- Confusing or missing traffic signs
Parties That Might Be Held Responsible
After a construction accident, it’s difficult to know who exactly is at fault. There’s no easy answer here, and who is liable in a construction accident depends entirely on the circumstances. Here are a few examples of parties that could be held responsible in a court of law:
Construction Companies and Contractors
Private construction companies manage most highway repair projects in Texas. These general contractors are required to maintain a reasonably safe environment for everyone traveling through the work zone, but sometimes, they fall short. The company can be held liable for a highway construction accident if it can be proven they’ve breached the duty of care. This breach might look like working too close to traffic or failing to post warning signs.
Government Entities
Government agencies, such as the Texas Department of Transportation (TxDOT), oversee public road construction. However, holding a government entity liable for a crash involves navigating lots of complexities. These agencies usually possess sovereign immunity, which protects them from most civil lawsuits. Thankfully, the Texas Tort Claims Act provides some exceptions. A driver can sue a Texas government agency if the accident resulted from a premise defect, such as a massive, unmarked sinkhole left by a city crew, or from the negligence of a government employee operating a motor vehicle.
Subcontractors and Third Parties
General contractors rarely handle every aspect of a major highway project. Many times, they use subcontractors to manage certain tasks, like traffic control, paving, and waste removal. These parties can carry construction zone crash liability as well. For example, if an independent traffic control company sets up warning signs incorrectly, that specific subcontractor holds liability for accidents caused by the confusion.
How Does Modified Comparative Fault Work?
In Texas, multiple parties can be partially at fault for the same construction site traffic accident. Under this modified comparative fault rule, courts can divide liability among everyone involved. Injured drivers can usually recover financial damages as long as they are 50% or less at fault for the accident.
How to Prove Liability in Construction Site Traffic Accidents
Proving liability for Texas construction accident claims isn’t always straightforward. The process can be quite confusing, which is why it’s so important to work with an experienced personal injury attorney. A lawyer can help you gather all the relevant evidence, including these critical components of any case:
- Photographic Evidence—If it’s safe to do so, take wide-angle photos of the entire work zone, and be sure to capture the position of traffic cones, warning signs, and concrete barriers. Noting the lack of signage can be just as important as photographing the signs that are present.
- Witness Statements—If anyone saw the accident happen, be sure to take down their name and contact details so they can provide a statement later on.
- Police Reports—Always call 911 immediately after an accident so law enforcement can create an incident report. These should include specifics about hazards, weather conditions, and potential traffic violations.
Need Support for Your Claim? Get in Touch With Us
Determining liability, especially when companies and government agencies are involved, can feel like an uphill battle. Fortunately, you have Nava Law Group, P.C. in your corner. We help clients in Texas prove contractor negligence in car accidents and build the best possible case for compensation. Contact us today to consult with a member of our team.
FAQs About Texas Construction Accident Claims
Texas enforces a strict two-year statute of limitations for personal injury claims. You have exactly two years from the date of the construction zone accident to file a lawsuit against a private contractor. If your claim involves a government entity, you’ll need to submit a formal notice of claim much sooner, often within three to six months.
Yes, you can still recover damages if you were speeding, provided your degree of fault remains under 51%.
Move your vehicle to a safe location if possible, and dial 911 immediately. Seek emergency medical attention for any injuries. While waiting for the police, take photographs of the vehicle damage, the road conditions, and any construction signs or barriers near the crash site.
The Texas Tort Claims Act limits how and when you can sue a government agency. It caps the amount of financial damages you can recover from the state and requires you to prove that the accident involved a defective condition on the premises or a government-owned motor vehicle.
