Call Us At (941) 207-7477
Road construction is a fact of life throughout Florida. From highway expansions to sidewalk repairs and utility projects, construction crews regularly alter traffic patterns, including pedestrian and cyclist routes. While these projects are intended to improve public infrastructure, they can also create dangerous conditions when contractors fail to follow safety rules.
If you were injured in a car, motorcycle, or truck crash, bicycle accident, pedestrian accident, or fall near or in a roadway construction project, you may be wondering whether you have a legal case.
The answer is: possibly. Many injuries that occur in roadway construction zones are not simply “accidents.” They are the result of preventable safety failures.
What Types of Construction Zone Hazards Cause Injuries?
Roadway construction companies have a duty to protect motorists, cyclists, pedestrians, and others who use the roadway, the adjacent sidewalks, and even the bicycle lanes.
Common hazards include:
- Missing or inadequate warning signs
- Improper Maintenance of Traffic (MOT)
- Unsafe detours
- Unmarked lane shifts
- Uneven pavement transitions
- Dangerous trenches or excavations
- Improperly placed construction equipment
- Missing barriers or barricades
- Unsafe temporary sidewalks or detours
- Large gaps between construction mats laid over walking/cycling surfaces
- Improperly installed construction mats
- Poor nighttime lighting
- Debris left in travel lanes
- Closing sidewalks or bicycle lanes without providing a detour or new route
Even a relatively small hazard can cause catastrophic injuries when a cyclist, pedestrian, motorcyclist, or driver encounters it unexpectedly.
Can I Sue a Construction Company for My Injuries?
In many cases, yes.
Construction contractors, subcontractors, engineering firms, and government agencies may all share responsibility for creating or allowing unsafe conditions.
To recover compensation, an injured person typically must show:
- A dangerous condition existed.
- The responsible party knew or should have known about the danger.
- The danger caused the accident.
- The accident resulted in injuries and damages.
Each case is unique, and determining responsibility often requires a detailed investigation.
What is Maintenance of Traffic and How Could it Have Caused My Injuries?
One of the biggest culprits for a person getting injured in or around a roadway construction zone is because one or more contractors failed to either implement or maintain a proper Maintenance of Traffic (MOT) Plan (sometimes referred to as Temporary Traffic Control Plan). MOT refers to the planning, design, and installation of temporary traffic control measures used to move motorists, cyclists, and pedestrians through or around a construction zone.
In Florida, MOT is governed by standards such as the Florida Department of Transportation Standard Plans and the Manual on Uniform Traffic Control Devices (MUTCD). MOT plans utilize what is referred to as MOT devices and measures such as:
- Temporary traffic signs
- Orange cones and drums
- Barricades
- Detour routes
- Temporary lane shifts
- Flaggers
- Temporary pavement markings
- Temporary pedestrian pathways
- Temporary bicycle accommodations
- Temporary traffic control lights
- Work zone lighting
Many roadway construction zone injury cases stem from improper MOT rather than the actual construction work itself.
Examples of improper MOT include:
· Missing or improper warning signs before a lane closure
· A sidewalk closure with no safe pedestrian detour
· Construction mats placed with dangerous gaps that can catch bicycle tires or form trip and fall hazards
· A lane shift that is not properly marked
· Conflicting traffic control devices (i.e. conflicting signage)
· Insufficient taper lengths leading drivers/cyclists into hazards
· Poor nighttime visibility
- Failure to separate pedestrians from active construction operations
- Creating and failing to warn about tripping or fall hazards on walkways cyclists and pedestrians have to use
Bottom line is that proper MOT should channel and guide you through the work zone with no doubt in your mind on where it is you’re supposed to go. By no means should it lead you into hazardous conditions and cause you injuries.
What If I Was In a Car Crash In a Roadway Construction Zone and Another Driver Hit Me?
Many people assume the driver who struck them is the only party responsible.
However, roadway construction conditions sometimes contribute to crashes by:
- Creating confusion about traffic patterns
- Obstructing visibility
- Eliminating safe escape routes
- Directing traffic into hazardous areas
- Failing to provide adequate warnings
In these situations, liability may extend beyond the driver and include the construction company or other entities responsible for traffic control. In some circumstances the at fault driver and his/her insurance company can blame the road construction company for causing the crash and reduce the amount they have to pay you or eliminate having to pay you altogether for your injuries and property damage.
So, you need to make sure you are always investigating if the road construction contractor was at fault in every injury that occurs in or near a roadway construction zone.
What Should I Do After a Construction Zone Accident?
The steps you take immediately after an accident can significantly affect your case.
1. Seek Medical Treatment
Your health comes first.
Prompt medical treatment protects both your well-being and your legal claim by documenting the connection between the accident and your injuries.
2. Photograph Everything
Construction projects change quickly.
Take photographs and videos of:
- The hazard that caused the accident
- Construction signs
- Barricades
- Cones
- Detour routes
- Equipment
- Vehicle damage (if involved)
- Bicycle damage (if involved)
- Visible injuries
- Damage or marking on any clothing you were wearing such as a bicycle helmet
These photographs may become critical evidence later. Take as many photographs and videos as possible from every angle. Zoom out to get big picture photographs and zoom in for details. You cannot take too many pictures of the scene.
3. Identify Witnesses
Witnesses can help establish what the construction zone looked like at the time of the accident.
Try to obtain names and contact information whenever possible.
4. Report the Incident
If law enforcement responds, obtain a copy of the crash report.
If you are injured as a pedestrian or cyclist, make sure the incident is properly documented.
5. Do Not Assume the Construction Company Will Preserve Evidence
Construction sites evolve daily.
Warning signs are moved. Barriers are relocated. Hazards are repaired.
Important evidence can disappear within hours or days.
- Preserve All Your Evidence
If you were in a car, your car insurance company will typically document the damage to your car. If you do not have car insurance do not try to fix the car yourself or have someone do it before consulting with an attorney. Do not sell your damaged car to anyone.
If you were on a bicycle, save it in the exact same condition. Do not try to repair it. Save the clothing including your shoes and any protective gear, such as a helmet. Do not make any changes or alterations to anything.
If you were a pedestrian, save the clothing and the shoes you were wearing at the time.
Finally, save all the photographs and videos you took. Do not lose them because you got a new phone. Save them somewhere you can access them later in the even you lose the phone, it becomes damaged or you change cell phone providers.
Speak With an Attorney Familiar With Construction Zone Cases
Construction zone cases are different from ordinary car accident cases.
These claims often involve:
- FDOT standards
- Maintenance of Traffic plans
- Construction contracts
- Engineering documents
- Multiple responsible parties
- Government immunity issues
An attorney experienced in roadway construction negligence can help identify all available sources of recovery.
What Compensation Can I Recover?
Depending on the facts of your case, compensation may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Disability
- Mental anguish
- Property damage
The value of a claim depends on the severity of the injuries and the circumstances surrounding the accident.
How Long Do I Have to File a Claim in Florida?
Florida law limits the amount of time you have to pursue a personal injury claim.
Because construction projects change rapidly and evidence can disappear, it is generally best to investigate potential claims as soon as possible.
The Bottom Line
If you were injured near a roadway construction project, do not assume your accident was unavoidable or that the other driver was the only person at fault.
Dangerous construction conditions, improper traffic control, missing warnings, and negligent work zone management frequently contribute to serious injuries throughout Florida.
An experienced attorney can investigate the circumstances, preserve critical evidence, and determine whether the construction company, contractor, engineering firm, government entity, or another party may be responsible for your injuries.
If you have questions about a roadway construction injury in Florida, seeking legal advice early can help protect your rights and preserve valuable evidence. So, if you were injured in a roadway construction zone, give W. Lee Clark & Associates a call. We are experienced roadway construction zone attorneys. We know the road to recovery.
Call Us At (941) 207-7477
Call Now to Get a Free Consultation on Construction Accidents
You should be aware of the factors that determine who is liable and how you can seek compensation if you were injured or someone you love was hurt in a construction accident. Contact our consultation team to find out just how hard W. Lee Clark & Associates is going to fight for you.
Call Us At (941) 207-7477
