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Should Drivers Yield to Your Workers When Working on Highway Construction?

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The busy streets of Fort Lauderdale are constantly flush with commuter traffic occupying roads that wind through construction zones. Driving from Point A to Point B can be an exercise in frustration, and many people drive recklessly in an attempt to bypass standstill traffic, which can put the lives of construction workers at risk. Contractors must train their workers to be alert when working in close proximity to public roadways. According to the Centers for Disease Control and Prevention (CDC), 1,844 workers were killed at road construction sites from 2003-2017. On average, there are 123 employee fatalities on road construction sites every year.

In this article, a Fort Lauderdale construction attorney from Cotney Construction Law will explain aspects of state uniform traffic control that affect construction professionals. Namely, the duty to yield to highway construction workers outlined in the 2019 Florida Statutes (316.079). If your worker has been struck by a driver and suffered an injury, consult a Fort Lauderdale construction attorney to learn what you should do next.

Highway Construction Workers Are Protected

The 2019 Florida Statutes are very clear when it comes to the safety of highway construction workers. Reckless driving that puts workers’ lives at risk won’t be tolerated. This doesn’t diminish the need for contractors to train their workers on optimal highway safety, especially in work zones that closely border active roadways. Every driver is required to yield the right-of-way to a pedestrian worker or flagperson who is actively performing construction work on or adjacent to the highway as long as they have been alerted “reasonably and lawfully” by the presence of a flagperson, caution sign, or warning device. Furthermore, every driver operating a vehicle on a public roadway is required to yield the right-of-way to an escort vehicle or construction professional who is providing highway movement management services or guiding an oversized vehicle. Similar to the last point, drivers must be made aware of this activity prior to approaching the area in question. Clear signage or some other form of noticeable alert is mandatory if you want to reduce culpability for a worker injury resulting from a driver. 

Consult a Fort Lauderdale Construction Attorney for Unrivaled Legal Defense

When it comes to matters of worker safety, the Occupational Safety and Health Administration (OSHA) is always on the lookout for violators. If you want to avoid expensive citations, work stoppages, and potential legal complications, the Fort Lauderdale construction attorneys at Cotney Construction Law can provide unparalleled OSHA defense services. By requesting an informal conference, asking for proof, submitting a notice to contest, and posting violations, a Fort Lauderdale construction attorney can go above and beyond to protect you against existing and future citations.

If you would like to speak with one of our Fort Lauderdale construction attorneys, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.