Construction zones are a necessary part of maintaining and improving California’s roads, highways, and infrastructure. However, road construction can also introduce unexpected hazards for motorists. Lane closures, temporary barriers, uneven pavement, confusing signs, reduced visibility, and sudden traffic pattern changes may make a familiar roadway difficult to navigate. Depending on the circumstances, questions may arise about whether the work zone was properly designed, marked, maintained, or managed. In addition, determining responsibility usually requires examining how the accident occurred and whether the conduct of a driver, contractor, public entity, or another party contributed to the collision.
Construction Zones and Their Dangers
Drivers traveling through construction areas may encounter conditions that are different from the normal roadway. California Department of Transportation (Caltrans) recognizes that construction can affect lane width, traffic capacity, visibility, roadway alignment, and traffic flow. Caltrans also recommends traffic-control measures designed to help motorists safely navigate changing roadway conditions. Some common construction-zone hazards may include, but are not limited to, the following.
- Sudden or poorly marked lane shifts
- Narrowed travel lanes
- Uneven pavement or abrupt pavement edges
- Temporary concrete barriers
- Construction equipment entering or leaving traffic
- Missing, damaged, or confusing warning signs
- Improper placement of cones or channeling devices
- Reduced lighting during nighttime construction
- Debris or construction materials in the roadway
- Unexpected traffic backups
- Temporary changes to intersections or ramps
- Excavations or obstacles located near travel lanes
Drivers may have only a short amount of time to recognize and react to these conditions. The risk may increase at night, during heavy traffic, or when motorists are unfamiliar with the temporary roadway configuration.
Driver Responsibility in Construction Zones
Road construction does not stop a motorist’s responsibility to drive carefully. Drivers should remain attentive, follow posted signs, maintain appropriate following distances, and adjust their speed to traffic and roadway conditions. It is important for drivers to obey posted speed limits, avoid unnecessary lane changes, allow additional space between vehicles, watch for workers, anticipate lane shifts, and remain especially alert during nighttime construction.
Road Construction: Damages and Injuries
A construction-related condition could become relevant to an accident investigation when a lane unexpectedly shifts without the proper warning or a temporary traffic-control device creates confusion. Other potential issues may include, but are not limited to, the following.
- Poorly positioned barriers
- Inadequate nighttime lighting
- Missing pavement markings
- Unsafe transitions between old and new pavement
- Equipment that is positioned in a way that affects visibility.
Who is Liable for Injuries
Construction zone accidents can involve several potentially responsible parties. In some situations, another driver may have caused the collision by speeding, following too closely, or failing to respond appropriately to changing traffic conditions. In other cases, responsibility may involve a construction contractor or subcontractor responsible for establishing or maintaining temporary traffic-control measures. The conduct of equipment operators or commercial drivers working on the project may also become relevant.
Government agencies may be involved when the roadway or construction project is under the control of a city, county, state, or another public entity. Claims involving government entities are subject to specific legal rules and procedural requirements, including deadlines that can differ from those applicable to ordinary personal injury claims. It is also important to note that more than one party may share responsibility. Identifying the appropriate parties often requires reviewing the following.
- Physical roadway conditions
- Traffic-control patterns
- Actions of those involved
Important Records and Evidence
Construction zones can change quickly. Cones may be moved, lanes may reopen, equipment may be relocated, and temporary signs may disappear after a specific stage of construction is completed. For this reason, evidence documenting the conditions at or near the time of an accident may be important. Potential evidence can include but is not limited to:
- Photographs and videos of the roadway,
- Police reports
- Traffic signs
- Lane markings
- Medical records
- Barriers
- Lighting construction equipment
- Pavement conditions
- Witness information
Depending on the circumstances, project records, traffic-control plans, inspection documents, contractor information, or surveillance footage may also become relevant.
Types of Injuries
Construction zone collisions can range from minor crashes to incidents involving significant injuries. Narrow lanes and concrete barriers may leave drivers with less space to avoid a collision, while sudden traffic backups can contribute to rear-end crashes. Possible injuries may include the following.
- Whiplash
- Fractures
- Head injuries
- Traumatic brain injuries
- Back and spinal injuries
- Internal injuries
- Soft-tissue injuries
Anyone experiencing pain or other symptoms after an accident should consider obtaining appropriate medical evaluation. It is important to understand that some symptoms may not be immediately apparent following a collision.
Speaking to a Legal Professional
Seeking the proper legal support after a construction zone accident is crucial for maintaining your safety moving forward. An attorney may be able to review your case, preserve necessary pieces of evidence, and support you throughout the claims process.
The Legal Team at KAASS LAW
KAASS LAW can review the circumstances surrounding a construction zone accident and help identify legal issues that may be relevant to a potential claim. This may include examining available accident evidence, roadway conditions, traffic-control measures, insurance information, and the roles of the parties involved. If you have suffered injuries from a construction zone accident, you are not alone. Call KAASS LAW today to learn more.