It happens all the time: drivers go too fast in a construction zone, lose control, and crash into something. Who is to blame for collisions with car damaging obstacles, the driver, or the construction company?
A person who causes a traffic accident is guilty of tort law, which is defined as a wrong action committed against another person. So if a driver is speeding, texting, or under the influence of drugs or alcohol, he or she will most likely be implicated in the crash.
Standard of Care Law
When someone does not exhibit the same carefulness or caution in their actions that a reasonable person would use under the same circumstances, he or she violates what is known as the standard of care law. This law applies primarily to professionals and businesses. Here are some examples of damage to vehicles for which a construction company will most likely be held accountable:
- Colliding with construction vehicles
- Being struck by falling debris
- Experiencing tire damage from foreign objects on the road
- Having paint chipped or windshields cracked
- Colliding with other vehicles because of congestion or confusing signage
Liability is determined on a case by case basis and depends on many circumstances. The best thing to do is to protect your business with a good construction insurance policy.