Who is at Fault when a Car Hits Someone who is Working in the Street?

Driver’s duty of care to street laborers

 

People who must perform work-related duties in the public streets face significant danger that most motorists and pedestrians do not face.  Construction crews doing roadwork on busy streets and police officers directing traffic routinely face the risk of grave injury or death from a collision with a driver who fails to exercise due care. 

Those who labor in the streets are legally entitled to assume that motor vehicle operators will have their vehicles under reasonable control when they approach. Drivers have a legal duty to observe street laborers (such as the below) and to take reasonable action to avoid incident. 

 

•      Telephone repair company employees;

•      Streetcar track workers;

•      Construction workers, and

•      Law enforcement officers