"According to the complaint, the front passenger restraint system failed to restrain Ubaudi in the car, the restraint system failed to provide protection and manufacturer failed to provide instructions regarding the safe and proper use of a seatbelt."
Failed because it broke, didn't work, or because she didn't buckle up? If she was ejected from the car even though she had her seatbelt on, she would have a legitimate case against Mazda. I don't really see how you could see the contractor though, its the driver's responsibility to drive at a safe speed. Every construction project I've driven though has been clearly marked.