A work zone accident is a crash that occurs in an area where road construction, maintenance or repair work is underway. These incidents are also commonly called construction zone accidents.
Work zones can increase the risk of car accidents by changing traffic patterns, narrowing lanes, reducing visibility, and placing workers near moving vehicles. When a crash occurs, determining who may be responsible can be complicated. Potentially liable parties may include negligent drivers, construction contractors, subcontractors or government entities, depending on the circumstances. Preserving evidence and understanding the applicable laws and deadlines can be essential to protecting your rights.
Lawrence & Associates Accident and Injury Lawyers, LLC, has recovered hundreds of millions of dollars since 2005. Our experienced team is ready to guide you toward healing and justice while pursuing the compensation you may be entitled to receive.
Call for a free consultation at (513) 951-6723 in Ohio or (859) 251-3045 in Kentucky, or complete our online form.
Common Causes Of Highway Construction Zone Accidents
In 2024, a total of 850 people were killed, and 42,094 people were hurt in work zone crashes. These crashes shared many common causes, including:
- Driver negligence: Careless motorists who drive too fast, don’t pay attention to traffic pattern changes, or otherwise behave unsafely, can cause accidents
- Poor construction zone design: If the construction zone itself increases the risk of crashes, such as by creating visibility barriers or complicated lane changes, the construction company or project owner could be liable
- Construction equipment and worker activity: Construction workers who fail to operate equipment safely or who make other mistakes in performing work duties could increase the risk of a crash
- Weather issues: Bad weather could hurt visibility or create unsafe conditions, compounding the dangers that already exist in construction zones where there is less margin for error
It’s always important to identify the cause of a work zone accident to determine who is to blame and could be liable for losses.
What Types of Accidents Are Most Common in Highway Construction Zones?
A road work accident could take many forms. Some of the most common types of accidents that happen in highway construction zones include:
- Rear-end collisions: Accident risks increase due to sudden stops resulting from construction activity or tailgating due to impatience about work zone slowdowns
- Lane merge crashes: Construction zones can change traffic patterns, sometimes leading to unsafe merging, especially if drivers try to cut in line
- Sideswipe accidents: When construction zones create narrower passageways, the risk of sideswipe accidents increases
- Truck and construction vehicle collisions: When large trucks and construction vehicles are brought together in a small area, the chances of an accident are higher
- Multi-vehicle chain reaction crashes: If one car in a construction zone is involved in an accident, drivers often have fewer places to move to avoid multi-vehicle chain reaction accidents
Who Can Be Held Responsible for a Highway Construction Zone Accident?
Multiple potential parties could be liable for losses resulting from a highway work zone crash. Some of the parties who could be responsible include:
- Negligent drivers: Drivers who don’t obey speed limits or other safety rules, or who take careless risks behind the wheel, can be responsible for injury to others.
- Construction companies: If a problem with the construction site or negligent construction worker behavior is the cause of an incident, the company in charge of the project or employing the negligent worker could be responsible for damages
- Road contractors and subcontractors: Contractors who behave unsafely and make dangerous mistakes can be liable for the losses they cause
- Government agencies: When government agencies commission construction and employ careless workers or are negligent in project design and execution, they can be responsible for resulting losses
Injured as a Worker vs. Injured as a Driver
After a road construction accident, your ability to recover compensation is going to vary depending on whether you were working at the time or passing through as a driver. The cause of the crash also affects your rights.
For example, if you suffer an injury in a construction zone as a worker, you must make your claim through workers’ compensation. You should report your injury and file a workers’ compensation claim as soon as possible to protect your claim.
Your employer’s workers’ compensation insurer should pay benefits, including medical bills and lost wages. While you cannot collect pain and suffering from your employer, you may also be able to make a third-party claim against a negligent driver, negligent project owner, or others whose failures contributed to your harm.
For motorists passing through, a claim against the at-fault party’s insurance is likely the right path since the injury typically would not fall under workers’ compensation unless the person was acting within the scope of employment.
A personal injury claim will require identifying the defendants responsible for your losses and proving harm.
What Evidence Is Important in a Construction Zone Accident Claim?
The evidence you will need after a highway construction crash is different if you are making a workers’ compensation claim versus a personal injury claim. You don’t have to show negligence or a breach of duty in a workers’ comp claim, but you do in a personal injury case.
However, no matter what kind of claim you bring, you’ll want solid evidence of the cause of the accident. Often, this evidence comes from:
- Dashcam footage
- Surveillance footage
- Traffic camera recordings
- Construction contracts
- Maintenance logs
- Inspection reports
You may need more evidence in these types of cases than traditional accident claims because you may be pursuing a case against different defendants.
For example, if you want to show the construction company was negligent, you’d need contracts and maintenance logs to see if their actions fell short.
What Compensation May Be Available After a Highway Construction Zone Accident?
Compensation after a highway construction zone accident will vary depending on the type and severity of your injuries. For example, if you suffered a broken bone, you may get less compensation than if you suffered a spinal cord injury that left you paralyzed.
Some of the most common types of compensation can include:
- Medical bills: This includes bills for all past care you’ve received and future care you’ll need. It can include things like hospital stays, diagnostic visits, medication, physical therapy for a neck injury, and many more types of treatment.
- Lost wages: This includes income lost to date and any future reduction in earning capacity. For example, if a brain injury affects work you can no longer do in the future, you should be compensated for the income you can no longer earn.
- Pain and suffering: This includes the discomfort you endure due to your injuries and treatments. If you suffered issues like disfigurement after a burn injury, you should also be compensated for this loss and for your diminished quality of life.
- Emotional distress: When you experience emotional consequences like PTSD, you should get compensation for mental harm.
- Wrongful death damages: Finally, damages are available for surviving loved ones after death.
Lawrence & Associates Accident and Injury Lawyers, LLC can help you to maximize your compensation after a construction accident.
Our case results and client testimonials show we’ve helped victims obtain substantial verdicts and settlements in cases involving truck accidents, car accidents, and other related incidents, including in work zones.
Frequently Asked Questions About Highway Construction Zone Accidents
Still need to know more? Here are the answers to frequently asked questions about highway construction zone accidents:
Can I Sue a Construction Company After a Work Zone Accident?
You may be able to sue a construction company after a work zone accident if the company's negligence or wrongdoing caused the incident or if the company employed a negligent worker.
If you work for a construction company, you cannot sue; you must file a workers' comp claim instead. You could also potentially pursue a third-party claim against others who shared fault.
What if Poor Signage Caused My Accident?
If poor signage caused your accident, you may be able to take legal action against the government entity or company responsible for the sign. You would need to prove negligence or a breach of duty and demonstrate that the breach was the direct cause of your accident.
Does Speeding Automatically Prevent Compensation?
Speeding does not automatically prevent compensation after a crash. It depends on what level of fault is attributed to you. You may still be able to recover partial compensation when another driver or other third party shares the blame.
Are Construction Workers Protected Differently?
Construction workers can make a workers' compensation claim if they are hurt in a work zone accident. They do not have to prove employer negligence to get workers' compensation benefits.
They can also pursue a third-party personal injury claim to get broader damages, including compensation for pain and suffering.
How Long Do I Have To File a Claim After a Work Zone Accident in Ohio?
If you make a workers' compensation claim, you typically have to file a notice of injury or death within one year of the incident under
Ohio's workers' compensation laws. If you make a personal injury claim, you have two years.Be sure to take action by the deadline to avoid your claim being time-barred.
Contact a Construction Zone Injury Lawyer After an Accident
At Lawrence & Associates Accident and Injury Lawyers, LLC, we understand the challenges you’re facing, and we’re here to protect your rights every step of the way. Our experienced Cincinnati & Northern Kentucky personal injury attorneys can guide you on what to do—and what to avoid—so you don’t unintentionally harm your case.
Call us today for a free, confidential consultation or fill out our online form to get started. Let us fight for the compensation you deserve while you focus on healing. You can call us at (513) 951-6723 in Ohio or (859) 251-3045 in Kentucky.
