• Road construction liability


My father was killed in a car accident on a highway in Jharkhand recently. In essence, the accident spot has been quiet famous as a dangerous spot as two lanes (in one direction) are closed due to construction work and vehicles are forced in the wrong direction lanes making them travel head on.

This is exactly what happened in this case - my fathers' car collided head on with a bus coming in the wrong direction.

We will clearly pursue our claim with the insurance company (bus as well), however should the road construction company also not be liable?

I have a photograph of the spot showing that there we no signs / cones etc to warn drivers about the fact that vehicles were coming head on due to road works and its related hazards...

Am trying to understand if there is such a legal provision where I can go after the road construction company and if so, how to pursue it?

Not that interested in the money aspect of it as nothing I can do will bring my father back - but want to pick up this fight so that these companies get taught a lesson in public responsibility and the hope is that numerous other lives could be saved as a result of these companies having to change their ways of working that would make such roads safer... Do not want another family loosing a member because these companies rate profits over safety...
Asked 3 years ago in Criminal Law from United Kingdom
Religion: Hindu
1. If indeed there was no visible signs of caution out of road construction the road construction company is responsible.
2. File a case of death out of negligent act of the director of the company.
 It is a grave criminal offence.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1. The road construction company is also liable to compensate the family of the victim if the construction is faulty and is responsible for the accident. The report of the engineer would have to be produced in the court to prove the guilt of the construction company.

2. If there are no signs about the impending danger on the road it does show that the construction company had not exercised due diligence.

3. Criminal proceedings can also be initiated against the road construction company.

Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. You can file a damage suit against the Companies and also the govt of Jharkhand for being negligent in directing speeding vehicles  in the same way which leads to collision,

2. Please note that road construction companies act based on the drawing, schedule and also traffic arrangement as provided by the appropriate department of the state govt,

3. So, the State Govt can not relinquish their responsibility and liability for the said accident,

4. Engage a local lawyer having expertise in the field.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

The management of the road maintenance company should have put up proper sign boards for road diversion and other road safety aspects. The negligence causes many accidents some of which are fatal too,
This is not first such incidence, there are many more such blunder happening all over the country due to the irresponsible attitude of such money minded careless organisations. 
You are right you can take up this matter, but you have vigorously follow up the matter through court and authorities. This is a novel idea but whether you can fight the battle alone because in our country, you cannot invoke response from even the affected people or will they walk along with you till the end. As the time passes, the memory of the people will fade away and nobody will be interested in such affairs anymore, hence you may have to fight a lone battle, 
I personally appreciate your thoughts for the sake of well being of fellow humans.
T Kalaiselvan
Advocate, Vellore
36778 Answers
403 Consultations

5.0 on 5.0

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