Road detours, often part of construction sites and roadworks, redirect traffic away from hazardous areas, ensuring safety. However, mismanaged closures can lead to serious injuries and accidents due to poor signage, unclear instructions, inadequate markings, and unsafe conditions. Understanding the legal implications of these closures is crucial for assisting in incidents and seeking compensation in such cases.

Common Causes of Accidents on Road Detours

Road detour accidents often result from negligent planning, implementation, or maintenance practices. Insufficient signage, unclear directions, and insufficient lighting at night can increase the risk of accidents. Insufficiently lit at night detours can lead to vehicle rollovers or rollbacks, and traffic being diverted onto unsafe routes not intended for detoured vehicles can increase injury risks. This further increases the risks for both the detour route users and potential victims.

Responsibility for Maintaining Safe Detours

Overseeing roadwork projects or construction sites, responsible parties, such as city or state governments, private contractors, or third-party management companies, are responsible for maintaining safe detours. If these detours fail to meet public safety criteria, the responsible party could face legal liability for injuries caused by negligence. To establish liability, an injured party must prove negligence by demonstrating that these entities breached their duty of care, such as failing to post warning signs when setting out sharp detour turns. This could result in a construction firm being held liable.

Filing a Claim for Detour-Related Injuries 

To file a claim against an inadequately managed road detour, injured individuals must collect evidence such as accident sites, detour conditions, missing signs, and blocked traffic. Traffic safety experts and police reports can also provide insight into mismanagement. After submitting evidence, individuals can file a personal injury claim against the responsible parties. In cases where multiple entities may share liability, claims must be submitted against each.

The Challenges of Proving Liability

Liability in detour cases can be challenging due to sovereign immunity, which limits government entities' ability to be sued. However, some states have laws allowing injured people to sue government entities during road construction and maintenance projects for negligence claims. It's crucial to know your region's laws, as they may have specific filing deadlines, damages caps, or types of claims allowed.

Comparative negligence challenges successful litigation by involving both parties in an accident, potentially sharing responsibility for the injury. This could lead to reduced compensation based on one party's fault level, and if more than 50% of the parties are found responsible, damages may be denied altogether. This can result in injuries due to poorly managed detours and distracted driving.

Finding Legal Assistance 

Poorly managed road detours may result in serious accidents and injuries, which puts those responsible at risk of liability for negligence. Victims are entitled to compensation but first need to navigate a complex legal process to establish fault. Working with an attorney experienced in this field will increase the chances of reaching positive conclusions and realizing positive outcomes.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.