Road Construction and Vehicle Damage: Who’s Liable?

Road Construction and Vehicle Damage Who’s LiableVehicle damage resulting from construction sites has long been a topic of concern. Although construction companies clearly don’t intend for the damage to occur, these sites are inherently risk ridden. To protect your business from potential litigation and damage redress, don’t hesitate to instill a Newton Construction Insurance policy.

The various incidents that motorists can suffer as a result of construction sites include, but are not limited to: collisions with construction vehicles, falling debris, tire damage from debris and construction materials on the road, paint chipping, windshield damage from gravel, and accidents resulting from mismanaged traffic flow.

Each case is unique and the fault will be decided individually by the courts. However, as a rule of thumb, the Standard of Care law is applied to construction and similar practices. This law, as defined by U.S. Legal, refers to the degree of attentiveness, caution and prudence that a reasonable person in the circumstances would exercise. Although this is a subjective definition, it sums up that the damages caused by such negligence will be the construction company’s liability.

However, construction companies cannot be held liable for every small infraction. Lexis Nexis states that road construction companies will be held liable for negligence if it is proven that they should have reasonably foreseen the possibility of that consequence, they should have reasonably guarded against the incident, and they failed to take the steps to have prevented the incident.

Protecting your construction business will ensure the success of your company. With over 60 years of experience providing custom insurance solutions to businesses like yours, Tri-State Insurance Agency understands the various risks your industry regularly faces. To learn more about our offerings, contact our specialists today at (888) 990-0526.