The typical view of a car accident pictures the collision of 2 vehicles. Yet there are times when a single driver becomes involved in a car crash. Sometimes negligence on the part of a road construction crew can cause a one-vehicle accident.
Types of negligence that increases the likelihood of an injury to a motorist.
The absence of a suitable warning sign along the road where a crew is working on a different section of the same roadway.The temporary route created by the road construction crew contains a super-sharp turn. The changes created by the workers leave the pavement in a dangerous condition.
A poorly-done job: This could be a job that alters the pavement, the road’s shape or the motorist’s view of any posted sign. It could also be an incomplete job. The personal injury lawyer in Leamington will evaluate the situation to help the plaintiff.
Certain types of negligence pose a threat to the road workers.
That would be the case if the person overseeing the crew’s work has failed to ensure the creation of a safe construction zone. Every member of the crew must be safe from harm, including anyone that was assigned the responsibility of directing traffic.
Features common to both examples of negligent actions:
Guilty party had a duty of care towards specific individuals. Road construction crews have a duty of care towards motorists. The crew’s head has a duty of care towards the workers. The guilty party breached the need to carry-out that responsibility.The breach committed by the guilty party resulted in creation of a harmful event, one that led to the injury of one or more persons.
If an injured driver filed a personal injury claim, who might be held responsible for the driver’s injuries?
Legally, that driver could initiate a lawsuit against the construction company. By the same token, it would be within the driver’s right to pursue a lawsuit against the municipality in which the road construction workers were tackling their assigned task. Drivers that chose to take that action ought to learn about the timeline imposed upon anyone that wants to charge a municipality with commission of a negligent act.
Municipalities expect to receive a notice from anyone that plans to file such a charge. Typically, that notice must reach the appropriate office within the municipality within 10 days of the incident. The sending of that notice does not relieve an injured driver of the need to file a personal injury claim within 2 years of the same incident.
In Ontario, an injured worker could seek worker’s compensation. Yet, if a worker wanted to receive more than 70% of his or her salary as compensation, it would be necessary to file a lawsuit. That action, too, must be completed within the limitation period.