When There is Construction, Speed Limit Signs May Not Apply

When is a 35 mile an hour speed limit not a 35 mile an hour speed limit?

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Driving the limit set on the sign may not be the “maximum safe limit” when there are: road repairs, distractions caused by construction crews, or other activities in the roadway. When there is construction, the maximum safe speed in a 35 mph speed zone may not be 35 mph. Therefore, when you see construction cones, barrels, flashing lights, vehicles, or workers, give them a break and reduce your speed. If not, you might get pulled over by a police officer and be given an expensive ticket!

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With the completion of the Silver Line Metro Stations in Herndon and Loudoun County, there has been a lot of road building activity and distractions on local streets. Herndon and Reston area drivers need to be careful, as the ongoing construction of computer data centers in Eastern Loudon continues. There could be construction debris on the road that can cause a sudden puncture and flat tire.  Debris, washout & dirt can cause vehicles to take longer to come to a complete stop. Plus, there may be other motorized vehicles, like steam rollers,  backhoes, bobcats and graders, that are not meant for the highways, in the vicinity. These can all interfere with the ability to drive safely Noisy construction trucks can mask the sounds of oncoming cars, and the road vibration from large construction vehicles can distract motorists even further, making it hard to use all of your senses to stay safe.

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Herndon Injury Lawyer Doug Landau tried a case where his client was hit by a defendant driver that claimed he was proceeding at the speed limit. However, the defendant had passed a number of orange reflective cones, as well as several barrels with lights that activate when the sun goes down. Landau argued that the defendant must have ignored the blinking lights, the reflective barrels and cones, as well as the noise of the bulldozers pushing dirt on the side of the road. Lawyer Landau further successfully argued that the unsafe defendant driver was so distracted that he could not even describe what was plainly in front of him at the moment of impact.

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The defendant driver had to slow down when he saw the cones, barrels, and construction workers. The innocent victims he crashed in to did not hear the defendant honk the horn, nor did they hear the defendant apply his brakes. That is because the defendant neither honked to give any warning or hit the brakes, until after the cars crashed. Landau’s client sustained permanent injuries, and while she was wearing a safety belt, the defendant’s high-speed, and failure to brake, resulted in a tremendous impact.

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Sometimes there are cases where the construction has finished, and the scene completely changed by the time the injured victim comes to the ABRAMS LANDAU Law Shop for help. That is why it is so critical to get photos at the scene, or soon thereafter. Not every intersection of construction site has surveillance video or intersectional cameras. Landau has had to turn down cases where the innocent plaintiff came too late to prove the condition of the roadway.  Where there is no evidence to show the state of the construction zone and the warning cones, blinking barrels, or other high visibility safety precautions, the case can come down to a “he said vs. she said.” When injured victims come to ABRAMS LANDAU shortly after the crash, nearby construction workers may have seen the impact and have valuable evidence. This is crucial, as it can lead to not only finding negligence, but perhaps even reckless conduct that would lead to an additional punitive damages award.

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If you, or someone you care about, has had a similar injury or have questions about the law, please call us at 703-796-9555 or e-mail at frontdesk@landaulawshop.com