Road construction accidents

Highway Construction Accidents and Houston Road Construction Accidents: Who is Liable?

Oct 21, 2023 | 18-Wheeler Accident, Car Accidents

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Road construction is common in Houston, with the city planning to spend billions of dollars to improve its roadways. While these projects are essential for keeping roads in good condition and reducing traffic congestion, they can also pose significant risks to drivers, passengers, pedestrians, and workers.

Highway construction accidents and Houston road construction accidents can cause severe injuries, property damage, and even fatalities. It is, therefore, essential to determine who can be held responsible for the damages caused. Liability in construction zone accidents can be complex, as multiple parties may be involved. Consulting with an experienced personal injury lawyer is crucial to establishing liability and recovering damages suffered after a road construction accident.

Who is responsible in Houston road construction accidents?

Several parties could be responsible for an accident involving road construction. The following entities could possibly be liable:

  1. Construction companies: If construction company negligence or failure to follow safety protocols contributed to the accident, they may be responsible. This could include inadequate signage, improper road markings, or failure to enforce traffic control measures.
  2. Contractors and subcontractors: Contractors and subcontractors working on the construction site can be responsible if their actions or negligence led to the accident. For example, subcontractors may be liable for the resulting damages if they fail to secure equipment properly, leading to a collision.
  3. Drivers: If the accident involves a vehicle, the driver may be partially or entirely responsible for the accident. For example, over 30% of fatal work zone accidents in 2021 involved speeding. In such incidents, the driver could be accountable.
  4. Government entities: Houston road construction accident responsibility could also fall on government entities like the city or state. If they were aware of hazardous conditions or failed to address known safety issues on the construction site, they could be responsible for the resulting accidents.

How is liability determined after a highway construction accident?

Determining liability in Houston road construction accidents requires a thorough investigation of the circumstances surrounding the incident. Texas uses a modified comparative negligence model, which means that damages are recoverable even if you share some fault. Texas follows the 51% bar rule, which does not allow damages to be recovered for parties 51% or more at fault.

You should consult with a personal injury lawyer with experience with similar cases. An attorney like James Walker, who can help identify the responsible parties and navigate the legal process. He will protect your rights and fight for your just compensation.

How can an experienced personal injury lawyer help?

An experienced personal injury lawyer specializing in highway construction accidents can provide invaluable assistance in pursuing your legal rights and recovering damages. They can help with the following:

  1. Investigating the accident: A thorough investigation is crucial in establishing the responsible parties and proving liability. Accident reconstruction experts may be consulted to determine the cause and contributing factors.
  2. Identifying liable parties: An experienced personal injury attorney can conduct a thorough investigation into the road construction project and the roles of each party involved, helping identify those that are liable.
  3. Negotiating with insurance companies: Insurance companies have a vested interest in minimizing payouts for claims. A skilled personal injury lawyer can negotiate with insurance companies to ensure you receive a fair settlement.
  4. Filing a lawsuit: In some cases, litigation may be necessary to obtain the full compensation and justice you deserve. A seasoned personal injury lawyer can represent you in court, presenting a strong case and advocating for your rights and interests.

Do I Have a Claim for My Highway Accident?

Highway construction accidents in Houston, Texas pose a significant risk of injury and even death to workers. According to a study conducted by the Center for Construction Research and Training, workers in this industry are more susceptible to such accidents compared to other fields. When it comes to filing a highway construction accident claim in Houston, several grounds may apply, including negligence, product liability, premises liability, and vicarious liability.

Negligence comes into play when a party involved in the construction project fails to adhere to safety protocols or neglects proper equipment maintenance. On the other hand, product liability can arise from accidents caused by faulty or defective equipment or machinery.

Premises liability holds merit when hazardous conditions exist on the construction site, leading to an accident. Vicarious liability refers to situations where the negligent party is an employee of a company. Thus, making the employer accountable for the actions or inaction of their workers.

Determining the specific grounds for a claim can be a complex process. Therefore, seeking guidance from an experienced highway construction accident lawyer is crucial. By consulting with a skilled attorney, you can ensure that you stand on equal ground with those responsible for the accident and their insurance carriers. Don’t hesitate to seek professional legal assistance to protect your rights and pursue the compensation you deserve.

What Is the Insurance Claims Process in A Road Construction Accident?

In road construction accidents in Houston, Texas, insurance claims can be particularly complex due to the involvement of multiple parties. Various entities, including the construction company, subcontractors, and potentially multiple insurance providers, may be part of the claims process. Understanding how insurance claims work in highway construction accidents is essential for navigating the complexities of seeking compensation.

Here is a general overview of the process:

  1. Reporting the Accident: The first step in the insurance claims process is reporting the accident to the relevant insurance providers. This typically involves contacting your own insurance company and notifying them of the incident. If you were not at fault, it may also be necessary to report the accident to the responsible party’s insurance company.
  2. Investigation: Insurance companies will conduct an investigation to determine liability and assess the extent of damages. This may involve collecting evidence, reviewing accident reports, speaking to witnesses, and assessing the scene of the accident. The insurance company may also request documentation related to medical treatment, vehicle repairs, and other expenses incurred as a result of the accident.
  3. Determining Liability: In highway construction accidents, liability may rest with multiple parties. This could be the construction company, subcontractors, or other involved entities involved with the case. Insurance companies will assess the evidence gathered during their investigation to determine the proportion of liability for each party involved. This determination is crucial in assessing the amount of compensation to be awarded.
  4. Negotiation and Settlement: Once liability is established, negotiations will begin between the insurance companies and affected parties. This can include negotiations regarding property damage, medical expenses, lost wages, and pain and suffering. Futhermore, it is important to have legal representation during these negotiations to protect your rights and receive fair compensation.
  5. Litigation: If a fair settlement is not reached through negotiations, it may be necessary to pursue a lawsuit. This typically occurs when the insurance company’s offer is insufficient or when liability is heavily disputed. In such cases, your attorney will file a lawsuit and represent you in court. Additionally, they will present evidence and arguments to support your claim for compensation.
  6. Claim Resolution: Once a settlement or a court decision is made, the insurance company will provide the agreed-upon compensation. This may include payment for medical expenses, property damage, lost wages, and other damages incurred as a result of the highway construction accident.

An Attorney Can Help

Navigating the intricacies of insurance claims in highway construction accidents can be challenging. The challenge is due to the involvement of multiple parties. Consulting with an experienced truck or car injury attorney who specializes in highway construction accidents can provide crucial guidance throughout the process, ensuring you protect your rights, and you receive the compensation you deserve.

Contact A Motor Vehicle Accident Attorney

Highway construction accidents and Houston road construction accidents can be complex and challenging. Being in such an incident can leave you unsure of your legal options and the rights available. Working with an experienced personal injury lawyer can help alleviate that burden and provide you with the legal assistance you need to recover from the damages suffered.

At Walker Texas Lawyer, we are dedicated to providing our clients with the best legal representation. James Walker works to help you receive the compensation you deserve. He is an experienced motor vehicle attorney. If you or a loved one were involved in a Houston road construction accident, call us today at 713-552-1117 to schedule a free consultation. Let us help you seek the justice you deserve.


For more information, contact Houston’s accident law firm of Walker Texas Lawyer by calling (713) 552-1117.

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James Walker - Walker Texas Lawyer James Walker is a Personal Injury Attorney in Houston, Texas. He has over 40 years of legal experience and has helped over 25,000 clients. This means he has demonstrated his extensive knowledge of legal procedures. He knows how to handle insurance companies. If insurance companies refuse to give you a fair shake, they will take the insurance companies to court. He knows the law inside and out. He knows what he’s doing.

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