Here is the question.
You have a crew working on the interstate. No truck visible, no signage, no flashing lights. A crew member crosses the road and traffic slows to a crawl. In the line of traffic a crash happens. Are you as their employer liable for any damages?
This happened to my wife today. She was rear ended as the 3rd car back from the crew chief crossing the road. Obviously the driver that rear ended her is ultimately responsible. However, I feel that it is neglengent to have a crew out on an interstate with no traffic control of any sort.
Those chain reactions are terrible. A young mother who happened to be a classmate of my oldest daughter has never recovered from the incident almost eight years ago. She was employed as Principal at our elementary school. Her youngest child has Down Syndrome so participates in the Special Olympics. She was driving a district-owned vehicle escorting her son's teacher and her son to the district competition. A cement truck had to make a split second decision to run a yellow light or hit the brakes. It hit the brakes, the car behind it hit the brakes, my friend hit the brakes but the semi behind her did not. The vehicle was totaled. The teacher was hospitalized and released after a few days wearing a neck brace. The young boy spent a week or two in the hospital but recovered completely in due time. The driver was not so lucky. She is alive but can do almost nothing for herself. Communicating with her is very difficult. She has rapidly changing emotions and can become harmful to others and herself in a split second. The district's insurance rates took a major hit. There is not enough compensation in the world to make up for what she and her family have lost.
That is terrible. 😪
My wife and daughter were lucky. My daughter had no injuries. My wife has some bruising and is very sore.
She managed to miss hitting the car in front of her. So the only ones in the accident were my wife and the suv that hit her.
On a side note the driver of the SUV jumped out of the car and took off running with a backpack. When the cops caught up with him, he did not have the backpack anymore.
For what it's worth, when I did any surveying on a major highway in Florida I would hire an off-duty officer to park on the shoulder with lights flashing and maybe protect us somewhat. Did absolutely no good - traffic didn't slow in the slightest, just roared past. I concluded the only benefit would be in him quickly calling for an ambulance if anyone got hurt.
I'm guessing, probably. But I don't see how a surveyor crossing the street should be any more liable than a random pedestrian crossing it. Unless he jumped out into oncoming traffic, it's on the drivers.
That said, I always cone everything, wear a vest, and try not to do anything too crazy.
Just re-read, and you said, interstate. That's a whole different story. I'm amazed that they weren't stopped almost immediately by the state police, highway dept, dpw, etc.