Car Accidents During Road Construction: Liability and Compensation

Some roads and highways are always under construction. Construction zones can make driving more dangerous. Drivers not paying attention or hazardous road conditions can increase the risk of an accident. If you get into a construction zone accident, you can recover damages from the at-fault party. Unfortunately, it’s not always clear who was responsible.

This page provides an overview of vehicle accidents during road construction and how to recover compensation. Construction zone car accident liability may depend on state law. Talk to a local car accident attorney for legal advice about your options after a work zone accident.

What Causes Road Construction Accidents?

Road construction changes the driving patterns through a road, intersection, or highway. All these changes can present challenges for drivers. It can be more confusing for distracted drivers who ignore warning signs. Many factors increase the risk of an accident in a road construction zone, including:

• Traffic control diverting multi-lane traffic to a single lane
• Road work limits visibility because of smoke or dust
• Barricades narrow the driving lane
• Detours send drivers on unfamiliar routes
• Uneven road surface
• Road closures

This does not excuse negligent drivers who cause an accident because they are distracted or exceeding the speed limit. However, it may increase the risk of injury for other drivers and passengers on the road.

Who Is Liable for Car Accidents During Road Construction?

The liable party is the party at fault for the accident. Liability is generally based on negligence. Negligence is the breach of a duty of care owed to others on the road. Liability for a car accident during road construction falls typically on one of the following:

• Negligent motorists
• Construction company
• County or municipality

Negligent Drivers Responsible for Vehicle Accidents

When another driver violates traffic laws and causes an accident, they are liable for damages. Construction zones generally have reduced speed limits, which can be posted on signage or included in state traffic laws. If a driver speeds through a construction site and causes an accident, the driver is liable to others injured in the accident.

Construction Company Liability for Car Accidents

The construction company may try to blame the accident on driver error. However, the construction workers or company may have caused the accident. The construction company must follow the required safety laws when setting up a construction zone. This includes proper signage, lighting, and barricades.

Construction companies may also be liable for negligence by the construction crew or subcontractors. As the employer, the construction company is liable for employee negligence. The construction company is liable if a worker crashed construction equipment into another vehicle.

Government Agency Liability for Auto Accidents

The state, county, or local government is responsible for maintaining roadways. Government agencies are liable for accidents caused by their failure to maintain and keep roadways safe. A government entity could also be liable for negligently appraising an unqualified construction company.

What Types of Injuries Occur During Road Construction Collisions?

Injuries during a road construction accident can depend on the type of accident. An accident involving multiple vehicles or a rollover crash can cause serious injuries or death. However, even a low-speed accident can cause severe head, neck, or back injuries. Types of injuries in car accidents in a construction zone include:

• Broken bones
• Neck injuries
• Back injuries
• Traumatic brain injuries (TBIs)
• Burns
• Cuts and abrasions

What Damages Can I Recover in a Work Zone Car Accident Claim?

Damages include any losses suffered because of the accident. This includes economic damages and non-economic damages. Non-economic damages are real losses and not always have a clear dollar value. These include pain and suffering, loss of enjoyment in life, and emotional distress.

Economic damages include past and future losses associated with the car accident case. Common economic damages include:

• Medical bills
• Lost wages
• Future medical treatment
• Loss of earnings
• Property damage

What Defenses Does the Insurance Company Use for Road Construction Auto Accident Claims?

When confronted with a personal injury claim, the road construction company will try to avoid liability. Defenses include trying to show the driver was responsible for their own injuries. Legal defenses to a car accident claim include:

• You were speeding in the construction zone
• You were driving while distracted
• You were impaired by alcohol or drugs
• You did not properly maintain your tires or brakes

If the insurance company shows that you were partly responsible for the motor vehicle accident, your damages award can be reduced. In some states, shared negligence will eliminate your recovery.

How Can a Car Accident Attorney Help? 

The construction company may make a settlement offer to get you to drop the lawsuit. Before signing any settlement agreement, please be sure you understand your legal rights. A personal injury lawyer can negotiate with the construction company to get you a settlement to pay for all your losses. If the construction company does not offer a fair settlement, your attorney can take your case to court. 

Contact an experienced car accident lawyer to understand your legal options after a car accident during road construction.