Legal Question in Personal Injury in California
Do road workers have legal authority to direct traffic and tell one what to do?
3 Answers from Attorneys
I haven't looked it up, but suppose for a minute they don't. You'd have to have a police officer stationed at every road construction location. Therefore, common sense tells you, without your or my having to look it up in the Vehicle Code, that they probably do.
Regardless of the fact that the specific person may or may not have been authorized to direct traffic, it is better to have someone to do it. The other alternative is a dangerous condition without anyone assisting the drivers. The main question however, was there negligence is directing the traffic and who is responsible for damages resulting therefrom.
Traffic laws require one to drive in a safe fashion. If someone, whether they have authority to do so or not, tells you it is dangerous to continue forward, if you disregard that advice you would be driving unsafely. If the company doing the road work, which has been hired by the public entity in charge of that road, did not provide signal men, it would probably be negligent if any accidents occurred. If a person driving their vehicle should develop a flat tire, are they wrong in putting out flares or other warning devices? The public entity clearly has the authority to control the roadway; it woudl be assumed that they can transfer such authority to their agent,the private company doing the actual repair.