How these crashes happen
- Traffic stops suddenly at a lane closure or flagger and the driver behind does not.
- A driver speeds through a reduced-speed zone and cannot stop in time.
- Warning signs are placed too close to the closure, leaving drivers no room to slow down.
- A queue forms over a hill or around a curve with no advance warning of stopped traffic.
- A chain reaction pushes several vehicles into each other in a narrowed lane.
Who may be responsible
The driver who hit you
Following too closely, speeding, and distracted driving are the most common causes. Nevada increases penalties for traffic violations in marked work zones.
The contractor
If the warning signs, tapers, or queue protection did not match the approved traffic control plan, the company running the zone may share responsibility.
A trucking company
Loaded commercial trucks need far more distance to stop. The driver's employer may be responsible for training, scheduling, and maintenance failures.
Evidence that matters
- Photos or video of the warning signs leading up to the closure, and how far back they started
- Dashcam footage from you or other drivers
- The police crash report and any citations issued
- Names and phone numbers of witnesses, including road workers
- Your medical records from the day of the crash forward
Work zones change from day to day. If you can do so safely, capture the scene before it changes, and follow these steps.
Common questions
The other driver says I stopped short. Does that hurt my case?
Stopping for slowed traffic, a flagger, or a closed lane is what drivers are supposed to do. Nevada uses comparative negligence, so even if some fault is assigned to you, you can still recover as long as your share is not greater than the share of the parties you are claiming against.
Can I have a claim against the contractor too?
Possibly. If drivers were not given adequate warning of stopped or slowed traffic, the layout of the zone may be part of the cause. That takes a look at the traffic control plan and how the zone was actually set up that day.