May 25, 2021 in News Blogs

Blogs: When are Construction Companies Liable for Accidents in Construction Zones?

Warm weather means construction season in Ontario, which can cause complications for drivers. Not only can road construction cause traffic and delays, but it can also impact road safety for pedestrians, cyclists, and motorists, as car accident lawyers know. With that in mind, the Ontario Trial Lawyers Association (OTLA) recently shared a blog outlining several ways that construction companies can share liability for motor vehicle injuries. Under Ontario's no-fault auto insurance system, the right to sue for damages related to motor vehicle accidents is restricted. Drivers involved in single vehicle accidents and drivers who are at-fault for multiple vehicle accidents generally don't have the ability to seek compensation through civil action. Drivers who are not at-fault in multi-vehicle accidents do have the ability to sue the at-fault driver, but this process can take longer than seeking accident benefits through an insurance provider. In certain circumstances, not-at-fault drivers may also initiate legal action against the ?occupier? of the road, generally a municipality or the province. Under Ontario's Occupier's Liability Act, occupiers are mandated to take certain measures to ensure people on their property are reasonably safe. When construction season rolls around, construction companies hired to perform maintenance on public roads also become occupiers, meaning they open themselves up to liability. The OTLA Blog lists the following ways that a construction company can fail in its obligation to keep roads safe: Leaving hazardous debris on the roadway Failing to place proper signage Failing to use proper hazard warnings, such as pylons Allowing traffic to resume normal speed when it is unsafe to do so, such as in areas of uneven pavement or reduced lane availability Failing to have a worker directing traffic, or failing to have a competent worker doing so Failing to hire competent heavy machinery operators   Subcontractors can also be held liable for similar reasons, and roadway owners can be held liable for hiring incompetent contractors. The blog provides the following example: ?If an oncoming car swerves into your lane of travel to avoid construction debris, both that vehicle and the construction company could be held liable. This is advantageous in the context of litigation because it means that two insurance policies may be available.? In other words, if you?ve been involved in a car accident in a construction zone, you may have more avenues to pursuing compensation than a driver injured in a non-construction zone accident. Our team of experienced car accident lawyers can provide further clarity. Neinstein Personal Injury Lawyers has represented seriously injured Ontarians for more than 50 years. Contact us today to schedule a free consultation with our team of car accident lawyers.   Image: Shutterstock