Every year, hundreds of people are seriously injured or killed in construction zone crashes across the U.S.—and many of these accidents could have been prevented. If you’ve been hurt in one of these complex and chaotic scenarios, determining who’s responsible is the first step toward getting the justice and compensation you deserve.
In this guide, we’ll break down the most common causes of construction zone crashes, who may be held liable, and how working with an experienced car accident attorney can make all the difference in your case.
Construction zones are notorious hotspots for accidents. From narrowed lanes to unexpected detours, they create unpredictable driving conditions that can catch even the most cautious drivers off guard.
Common causes of work zone accidents include:
Sudden lane shifts or merges
Reduced speed limits and abrupt stops
Confusing or missing signage
Uneven pavement and loose gravel
Distracted or aggressive drivers
Construction vehicles entering traffic without warning
According to the Federal Highway Administration, more than 700 people are killed in work zone crashes each year. Understanding what causes these accidents is the first step in preventing them—and holding the right parties accountable.
Assigning responsibility in a construction zone crash isn’t always straightforward. Liability often depends on multiple factors—ranging from how the work zone was set up to how drivers behaved. Here’s a closer look at potential liable parties:
1. Other Drivers
Reckless or distracted drivers are among the most common causes of construction zone accidents. If a driver was speeding, tailgating, texting, or failed to yield, they could be held legally responsible. In Nebraska, comparative negligence may apply, meaning fault can be shared among multiple drivers based on their degree of responsibility.
2. Construction Companies and Contractors
The construction company is responsible for ensuring the work zone is safe. This includes:
Clearly marking lane closures or detours
Using proper warning signs, cones, and barriers
Training workers to operate safely near traffic If a company fails to follow safety protocols or traffic control standards, they can be liable for any resulting accidents.
3. Government Entities
Local or state governments overseeing public roadwork could be at fault if:
Poor project planning created dangerous conditions
Maintenance was delayed or inadequate
Warning signs or barriers were missing or improperly placed
However, suing a government agency involves specific legal procedures and shorter deadlines, so it’s critical to act fast and consult an attorney experienced in these claims.
4. Construction Vehicle Operators
Large equipment moving in and out of construction zones poses a serious risk. If an operator fails to check for oncoming traffic, signal properly, or use safety equipment like backup alarms, they may be personally liable—and their employer may also be held accountable.
5. Vehicle Manufacturers or Maintenance Companies
Although less common, mechanical failure or defective parts (like faulty brakes, steering systems, or tires) could play a role in an accident. In these cases, the manufacturer or a negligent maintenance provider may be liable under product liability laws.
Proving liability takes more than just pointing fingers. It requires a detailed investigation, including:
Police accident reports
Eyewitness accounts
Photographs or video of the scene
Vehicle black box data
Maintenance records and signage plans
Expert accident reconstruction
A skilled personal injury or auto accident attorney will gather and analyze this evidence to build a strong case on your behalf.
Making the wrong move after an accident—especially in a work zone—can cost you your case. Here are the biggest pitfalls to avoid:
Admitting Fault Too Early
Even a casual “I’m sorry” can be used against you. It’s best not to say anything that suggests fault until a full investigation is complete. Let your lawyer assess the facts before making statements to insurance companies or opposing parties.
Delaying Medical Treatment
Some injuries, like concussions or internal trauma, may not show symptoms right away. Delaying care can hurt your health and make it harder to prove your injuries were accident-related.
Talking Directly to Insurance Adjusters Without Legal Advice
Insurance companies are not on your side. Their goal is to minimize payouts. Let a car accident attorney handle all communications to protect your rights.
Failing to Gather Evidence
The more documentation, the better. Photos, videos, witness contact info, and official reports all strengthen your claim.
Waiting Too Long to File
Nebraska generally allows four years to file a personal injury claim, but waiting can make evidence harder to obtain. Act quickly to preserve your rights.
In 2022, an Omaha driver was seriously injured when a construction truck backed into his lane without warning. The driver’s legal team uncovered:
The work zone lacked proper signage
The truck’s backup alarm was broken
The construction company and city both failed to follow safety protocols
The result? A $1.2 million settlement covering medical expenses, lost income, and pain and suffering—all thanks to skilled legal advocacy.
Q: Do I still have a case if I was partly at fault?
A: Yes. Nebraska follows the comparative negligence rule. You can still recover damages as long as you weren’t more than 50% responsible. Your compensation will be reduced based on your share of fault.
Q: What if the construction zone wasn’t marked properly?
A: Inadequate signage or confusing traffic control could shift liability to the construction company or the public entity overseeing the project. An attorney can investigate if proper procedures were followed.
Q: Is it harder to win a case against a government agency?
A: Government claims are more complex due to strict notice requirements and shorter deadlines. However, with the right legal guidance, holding them accountable is possible.
Q: What if no one was injured but my car was badly damaged?
A: You can still file a property damage claim. If fault lies with a negligent driver or construction company, you may be entitled to vehicle repairs, towing, and other related costs.
Q: How much does it cost to talk to a lawyer about my case?
A: Most personal injury lawyers, including those at Inkelaar Law, offer free consultations and work on a contingency fee basis—you don’t pay unless you win.
When you’re facing lost wages, medical bills, and a long recovery, having the right legal partner makes all the difference.
Here’s what to look for in an attorney:
Free consultations
Experience with construction zone and roadway accident cases
Strong communication and negotiation skills
Positive client reviews and proven results
If you’re searching online for terms like “car accident law firm near me” or “auto accident attorneys in Omaha, Nebraska,” don’t stop at the top search result. Dig into reviews, case results, and how they treat potential clients.
At Inkelaar Law, we’ve helped countless Nebraskans recover compensation after devastating construction zone accidents. We understand the unique challenges these cases present—from dealing with multiple parties to navigating complex safety regulations.
Whether you’ve suffered a head injury from a car crash, been hit by a construction vehicle, or dealt with emotional trauma after an accident, we’re here to support you every step of the way.
Our legal team offers:
Deep experience with personal injury and auto accident law
Aggressive negotiations with insurance companies
Full representation in court if necessary
Compassionate support and clear communication throughout the process
If you or someone you love has been injured in a construction zone crash, don’t wait to get help. Our Omaha car accident attorneys are ready to fight for the compensation you need to move forward with your life.
Call Inkelaar Law today or fill out our online form to schedule a free, no-obligation consultation. We’re here to listen, advise, and act—so you’re never facing the aftermath of an accident alone.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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