Is the construction company responsible or am I at fault?

Asked about 2 years ago - Fitchburg, MA

My boyfriend has been doing electrical work on a job site for a little bit, they have 2 entrances in to the parking lot of a new building one off a major 4 lane road and the other off a side street, the side street entrance has not been really used ever, this morning, when I pulled into the entrance that is mostly used they had a slab of concrete sitting partially in the driveway which I ended up hitting because I could not see it, I am wondering if there are any laws in Massachusetts regarding construction sites having an operational entrance and exit for workers, or vehicles etc. I am not sure what this concrete was for since it looked like they had completed the lining of the driveway in that area, and this morning the other entrance was blocked by a cement truck so it was unusable.

Attorney answers (3)

  1. Jeffrey Ira Schwimmer

    Contributor Level 19

    8

    Lawyers agree

    Answered . Every jurisdiction has its own laws, but I am willing to guess that there won't be a statute in Massachusetts controlling as to the number of entrances/exits for a construction site - and certainly not one that would be relevant to your situation. The bottom line is that you collided with a presumably large enough object which was "open and obvious" and which you should have seen, if paying the appropriate attention - or so the defendant contractor will argue. It is often said in the common law that a driver has an obligation to see what should have been seen. I would suggest that if you have comprehensive coverage for your vehicle, file a claim with your own insurance carrier.

  2. Terri D. Leary

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Another consideration will be what you were doing at the construction site: if you were not permitted to be there, and if it was posted for trespassing, you could have been entirely at fault for your unauthorized acts.

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  3. Phillip Michael Murphy II

    Contributor Level 4

    2

    Lawyers agree

    Answered . I agree with the above answer.

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