Setareh Law
September 19, 2025
California’s extensive highway system requires constant maintenance and improvements, creating thousands of construction zones across the state at any given time. These work areas present unique hazards that contribute to approximately 700 fatalities and 45,000 injuries nationally each year. Understanding how construction zones cause accidents and who bears responsibility can be crucial if you’ve been injured in these dangerous areas.
At Setareh Law, we’ve represented numerous clients injured in construction zone accidents throughout California. Our personal injury attorneys understand the complex liability issues these cases present, from determining whether contractors followed proper safety protocols to identifying multiple responsible parties. We help victims navigate these challenging claims to secure compensation for their injuries.
Common Hazards That Make Construction Zones Dangerous
Construction zones create an environment where normal driving conditions suddenly change. Lane shifts force vehicles into unfamiliar patterns with little warning, while narrow passages leave minimal room for error. Uneven pavement surfaces from partial repaving create dangerous height differentials between lanes. These physical changes combine with visual obstacles like concrete barriers and equipment to reduce sight lines and reaction time.
The human element adds another layer of risk. Construction workers operate just feet from traffic, often protected only by plastic cones or temporary barriers. Drivers must process multiple stimuli simultaneously: changing speed limits, merging traffic, flaggers giving directions, and heavy machinery entering or exiting work areas. This cognitive overload increases accident probability, especially when combined with driver fatigue on long trips.
Poor planning or implementation of traffic control measures multiplies these dangers. Inadequate warning signs, confusing detour markings, or improperly placed barriers can cause drivers to make sudden, dangerous maneuvers. Night work presents additional challenges when lighting fails to adequately illuminate hazards or when glare from work lights blinds passing motorists.
California’s Specific Construction Zone Regulations
California maintains strict requirements for construction zone safety under the Manual on Uniform Traffic Control Devices (MUTCD) and additional state specifications. Contractors must submit detailed traffic control plans before beginning work, including specific sign placement, barrier requirements, and worker safety measures. These plans must account for traffic volume, speeds, and visibility conditions.
The state doubles fines for moving violations in construction zones when workers are present, reflecting the increased danger these areas pose. California also requires enhanced penalties for causing injury or death in work zones, with potential felony charges for egregious violations. These laws recognize that construction zone safety requires heightened driver responsibility and severe consequences for negligence.
Determining Liability in Construction Zone Accidents
Construction zone accidents often involve multiple potentially liable parties, making these cases more complex than typical car accidents. The state or local government entity that owns the road may bear responsibility for approving inadequate safety plans or failing to inspect work zones. General contractors hold primary responsibility for overall site safety, while subcontractors may be liable for specific hazardous conditions they created.
Individual drivers who speed, ignore warnings, or drive distracted through work zones remain liable for resulting accidents. However, even when driver error contributes to an accident, construction companies may share fault if they failed to provide adequate warnings or protection. California’s comparative negligence law allows injury victims to recover damages even when partially at fault, with compensation reduced by their percentage of responsibility.
Equipment manufacturers or rental companies might bear liability when machinery failures cause accidents. Traffic control companies responsible for sign placement and barrier installation can be held accountable for improper setup. Determining all responsible parties requires thorough investigation, often including expert analysis of whether safety standards were met.
Evidence Critical to Construction Zone Claims
Successful construction zone injury claims require specific evidence beyond typical accident documentation. Photographs showing sign placement, lane markings, and barrier positions prove crucial, as these conditions often change quickly after accidents. Video from traffic cameras or nearby businesses can demonstrate how confusing or dangerous conditions contributed to crashes. We also secure construction company safety records, traffic control plans, and inspection reports.
Witness testimony from other drivers navigating the same conditions provides valuable perspective on hazard visibility and traffic flow problems. Construction workers present during accidents offer insights into whether proper procedures were followed. Expert witnesses specializing in traffic engineering or construction safety standards help establish whether defendants met their legal obligations. Understanding how construction zone claims work helps victims protect their rights from the start.
Compensation Available for Construction Zone Injuries
Victims of construction zone accidents may recover various damages depending on injury severity and liability factors. Medical expenses include emergency treatment, surgeries, rehabilitation, and future care needs for permanent injuries. Lost wages cover both time missed from work and reduced earning capacity if injuries prevent returning to previous employment. Property damage compensation addresses vehicle repairs or replacement.
Non-economic damages recognize pain, suffering, and diminished quality of life resulting from injuries. When construction companies or drivers showed gross negligence—such as removing required safety equipment or driving under the influence—punitive damages may apply. California doesn’t cap damages in most personal injury cases, allowing full compensation for catastrophic injuries common in construction zone accidents.
Insurance coverage issues often complicate these claims. Commercial general liability policies covering contractors may exclude certain vehicle-related accidents. Government entities may claim immunity or impose special claim filing requirements with short deadlines. Multiple insurance policies might apply, requiring coordination to maximize available coverage for serious injuries.
Secure Legal Representation for Your Construction Zone Accident
Construction zone accidents present unique challenges requiring experienced legal guidance to navigate successfully. At Setareh Law, we investigate thoroughly to identify all liable parties, gather critical evidence before it disappears, and build compelling cases that demonstrate how safety failures caused your injuries. Our track record of recovering substantial settlements and verdicts gives us credibility when negotiating with insurance companies and construction firms.
Don’t let complex liability issues or aggressive insurance tactics prevent you from obtaining fair compensation. With our contingency fee structure, you pay nothing unless we win your case, allowing you to focus on recovery while we handle the legal complexities. Contact Setareh Law at (310) 659-1826 or through our contact form to schedule your free consultation and learn how we can help you pursue justice for your construction zone injuries.
