Unfortunately, accidents on construction sites are not uncommon and often raise the question of who is liable for the damage caused. The answer to this is not always clear and depends on various factors.
The case
One event that may occur is a collision in a highway construction zone when a vehicle unintentionally changes lanes. Typically, liability lies with the driver who left their lane. However, the other party involved in the accident may be partially to blame if their vehicle has exceeded the permitted width of their lane, as the ADAC reports in an online article.
The Hagen Regional Court provided a more precise assessment of this issue through a specific judgment. In the case under consideration, a truck was navigating in the right lane of a construction site while an SUV was traveling in the left lane. The truck entered the SUV’s lane by approximately ten centimeters, which led to a collision between the two vehicles, the ADAC continued.
After the incident, the driver of the SUV demanded full compensation from the truck’s insurance company. However, the insurance company was only willing to cover half of the damage caused. The ADAC further reported that the SUV driver argued that he was entitled to full compensation because the accident was caused solely by the truck encroaching on his lane.
The judgment
However, the court came to a different assessment of the situation. It is true that the truck veering into the left lane was considered a breach of duty of care. However, it was also found that the SUV driver also violated the duty of care, as the ADAC reports. Despite the left lane being restricted to vehicles with a maximum width of 2.10 meters, the driver of the SUV, whose vehicle was around 2.19 meters wide, used this lane. The court concluded that due to both violations, half liability for the resulting damage was justified, the ADAC concluded.
This judgment makes it clear that in accidents in construction areas, both parties involved can often be partly to blame. However, it should be taken into account that this judgment is only an exemplary case for the distribution of liability in construction site accidents. Depending on the specific circumstances, other parties or companies could also be held responsible.
How can you minimize the risk of accidents on construction sites?
Accidents on highway construction sites can have serious consequences. There are therefore various measures that can help minimize the risk of such accidents and thus ensure the safety of all road users.
One of these measures is speed limits, which have been specifically introduced at construction sites. These serve to protect not only the workers, but also the drivers and their passengers. By limiting speed, a vehicle can be better controlled and stopped more quickly, increasing reaction time in the event of unexpected obstacles or maneuvers. It is essential to drive carefully and attentively in construction zones. By driving with concentration, potential dangers can be identified in good time and accidents can be avoided.
Another measure in construction areas is the ban on overtaking, especially if the lanes are narrowed due to the construction work. The zipper method is also another regulation that should be used in construction areas. It serves to ease traffic flow, especially when multiple lanes are reduced to one.
If an accident does occur, certain safety measures are required. This includes switching on the hazard warning lights to alert other drivers to the danger zone. It is also advisable to wear a high-visibility vest so that you are visible to other road users while the scene of the accident is being secured.
D. Maier / editorial team finanzen.net