New construction zones pop up all the time, especially during the summer. Even when a driver is paying attention to the warnings, a driver can still misunderstand the signs and enter the wrong lane. For that reason, adequate warnings are essential.
In a recent case, a man was killed in an accident while he was driving his motorcycle through a construction zone. The man inadvertently drove into a closed lane, and when he tried to go back to an open lane, he hit an uneven surface and was thrown off his motorcycle and into traffic. The man’s estate sued the state’s transportation commission and the state’s department of transportation for failing to place proper warnings, failing to properly maintain the condition of the road, and creating hazardous driving conditions.
The defendants argued that they were immune from liability because the placement of the traffic control warning was within their discretion. The court rejected their argument and denied their immunity claim. The court noted that a governmental entity and its employees acting within the scope of employment are not liable in that state for actions that are discretionary.