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Can I sue a construction company for a cone that I hit because it was knocked over and not in its designated area?

Torrance, CA |
Filed under: Filing a lawsuit

I was traveling on the freeway. The carpool lane and adjacent lane were blocked off with cones. I began to merge away from the construction area because of the "blinking arrow." I merged over two lanes away from the construction area. There was a knocked over cone that I could not avoid because of other vehicles. I had no place to go except to hit the cone. Now I have a cracked front bumper, dented fender, and other damage underneath my vehicle. I have two estimates of the damage. The construction company is claiming they were not in that area the night in question. Cal trans is telling me they were. Will I stand a chance in court if i sue the construction company?

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Attorney answers 4


You're in the workers' compensation section. Workers' Compensation is for on the job injuries. Were you on the job at the time of this accident? Were you injured? You may be in the wrong section.

Good luck.



No I was not on the job. I think I am in the wrong section. Can you tell where I can post my question in the right section?

Brett A. Borah

Brett A. Borah


Sorry. I'm only in the w.c. section and don't know what other sections are out there for you.


Yes, you could sue but I think this would be a very difficult case to establish liability for your property damage.

If you have collision coverage on your own insurance policy, it makes more sense to make a claim under your own policy and let the insurance carrier file for subrogation.

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


Attorney Chen is correct. If you were not injured, allow your insurance company to deal with this. I hope you made a claim with your insurance company immediately after the incident. If you have not call the carrier right now.

Litigation is expensive. Insurance companies have subrogation agreements and they can handle it between themselves much easier than you can handle it as a lawsuit.

I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.


The answer to that in Texas would be governmental immunity would probably bar your recovery. You need to show gross negligence, which a plastic cone would not qualify as such. Consult a local attorney where you are.

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