Texas Accident & Injury News
Who’s at fault in a construction-zone accident?
Investigation Underway After Two People Killed in Rollover Accident on Loop 410
According to a KSAT News report, two people were killed in a rollover accident on Southeast Loop 410 last Friday.
Police reported the accident happened at around 2 p.m. on Friday, May 23rd, on Southeast Loop 410 near Moursund Boulevard. A driver with one passenger was heading east on Loop 410, approaching Moursund Boulevard. Construction ahead had reduced traffic to one lane, causing the driver to slow down due to upcoming congestion. That’s when a 22-year-old man driving a 2014 Chevy Silverado struck them from behind, causing them to drive in the grassy area, strike a guardrail, and end up back in the main lanes. The Chevy rolled on its side, sliding across the main lanes.
The victims, a woman in her 50s and an unidentified male, were pronounced dead at the scene. The 22-year-old man suffered minor injuries and was hospitalized as a precaution. The investigation is ongoing.
Did You Know?
Friday, May 24th, and Sunday, October 27th, were the deadliest days in 2024, with 27 persons killed in traffic crashes, according to the TxDOT.
When Is Construction Responsible for a Car Accident in Texas?
Orange cones, lane closures, and long delays—if you’ve driven through San Antonio recently, you’ve almost certainly run into road construction.
While these zones are often necessary for growth and infrastructure improvements, they can also become dangerous. Drivers must navigate sudden lane shifts, unclear signage, and distracted construction workers—all of which can lead to serious accidents.
In some cases, a construction company’s negligence may be to blame.
The Construction Company’s Duty of Care
Construction companies aren’t just responsible for building roads—they’re also responsible for keeping drivers safe while that work is being done.
Just as drivers have a legal duty to follow posted speed limits and avoid distractions in construction zones, construction companies are held to a “duty of care” to keep the work area reasonably safe. This includes:
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Clearly marking lane closures and detours with visible signage
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Keeping the road surface clear of debris
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Training employees in safety protocols
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Ensuring the area is safe for motorists during and after working hours
When a company fails to uphold these responsibilities and an accident occurs, the company—or the contractor overseeing the project—may be held liable.
Understanding Comparative Fault in Texas
Not every construction zone accident is entirely the construction company’s fault. Drivers who are speeding, texting, or changing lanes unsafely may share some of the blame.
Texas uses a modified comparative fault system. This means:
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If you’re more than 50% at fault, you cannot recover compensation.
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If you’re 50% or less at fault, you may recover damages, but your compensation will be reduced by your percentage of fault.
Example:
Sally is speeding through a construction zone when she suddenly encounters an unmarked lane closure. The construction company failed to post proper warning signs, and Sally crashes into another vehicle while trying to merge.
A jury finds Sally 40% at fault for speeding and the construction company 60% at fault for failing to post adequate signage. Sally is awarded $100,000, but she can only collect $60,000, reflecting the 40% of the accident she contributed to.
Injured in a Construction Zone Accident in San Antonio? Call Shaw!
If you were injured in an accident in a construction zone that wasn’t your fault, you could be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Surgeries,
- Medical Bills,
- Pain and Suffering,
- Trauma/PTSD,
- Missed Work,
- Wrongful Death,
- And More.
We can help you find out for free.
Call Shaw at 800-862-1260 to schedule a free case evaluation with an experienced car accident lawyer in San Antonio. There are no fees and no obligations attached —just the expert legal advice you need. Carabin Shaw has been a trusted name in San Antonio for over 32 years because we put our clients first.
We look forward to serving you.