Liability for Construction Zone Car Crashes

We’ve all driven through a road construction zone in Los Angeles. Everyone knows that construction zones require slower driving and more careful attention. Construction zones often include signage as well as “flaggers” to assist motorists on getting through the construction zone safely.

The question is, what happens if a car crash occurs in the construction zone, and that crash can be traced to the negligence of a construction worker? Does the “flagger”—the one directing the traffic to proceed or stop, owe a duty of care to passing motorists?

This was the issue recently decided in the California Court of Appeal Case of Shipp v. Western Engineering.

Western Engineering had a contract with El Dorado County, California to improve areas of El Dorado County. The construction zone had flaggers stationed at the entrance and exit of the construction zone. Kevin Shipp and his wife were rear ended when a car behind them could not stop in time after the Shipps’ brought their vehicle to an abrupt stop in response to a flagger’s instructions. They sued the at-fault driver, as well as Western Engineering.

Western Engineering argued that the collision was the fault of the driver that rear-ended the Shipps. They also argued that flaggers do not owe a duty of reasonable care to passing motorists. The Court of Appeal disagreed.

The Court pointed to the Vehicle Code (section 21367), which gives road construction contractors the authority to direct and control traffic. Prior cases, including Ray v. Silverado Constructors have held that construction companies owe duties of reasonable care to motorists in construction zones that these companies control.

In this case, the Court also noted that Shipp’s accident was a foreseeable result of Western Engineering Co’s flagger’s negligence. It was foreseeable that a motorist might not pay full attention and would therefore crash into another vehicle that was following the flagger’s instructions.

As you might tell, construction zone crashes are fact-intensive. And with all the development taking place in Los Angeles and surrounding areas, construction zone accidents are unfortunately too common in Los Angeles.

If you were injured in a Los Angeles construction zone accident, talk your case over with a lawyer as soon as you can.

The Rabbi Lawyer is ready to assist, 24/6.