In Wisconsin a car accident in a construction zone involving a construction worker, the responsibility is on the automobile driver in most cases.
A driver has the duty of keeping a lookout and must look with such attention and care as to see what is in plain sight. If a person looks and does not see what is in plain sight, the person did not keep a proper lookout, and the person is just as negligent as if the person did not look at all. The duty to look means to look efficiently. A person who looks and fails to see what is in plain sight is in precisely the position he or she would be in if he or she did not look at all.
The duty of a driver of a motor vehicle operating a vehicle on private property is not the same as it is on public highways; the obligation to look becomes operative when the driver knows, or in the exercise of ordinary care should know, that someone or something might be affected by the driver’s movement. If it appears probable, or in the exercise of ordinary care should appear probable, that pedestrians, vehicles, or other objects may be affected by the driver’s movement, then the driver must exercise ordinary care to keep a proper lookout to enable the driver to prevent a collision or injury.
For the construction worker, he or she must exercise due care under the circumstances. Momentary diversion of attention or preoccupation of a worker in the performance of work minimizes or reduces the degree of care that would otherwise be required of him or her; nevertheless, a worker has the duty to use the same degree of care for his or her safety that an ordinarily prudent worker would use under such conditions.
When a worker by direction of his or her employer is required to work on an unsafe premises in carrying out his or her employment, you must consider the reasonableness of the employee exposing himself or herself to the particular risk. The reasonableness of the worker’s conduct is to be determined in the light of the utility of going to work at the designated place of employment, and performing work in the usual manner, even though there was a possibility that the premises might be unsafe. In such situations, a worker has a duty to exercise the same degree of care for his or her own safety that an ordinarily prudent worker would exercise under the same or similar conditions.
[nap_names id=”FIRM-NAME-1″] attorneys in Milwaukee, Wisconsin represents construction workers and pedestrians in car accident or automobile collisions in construction zones and parking lots.