How these crashes happen
- A height difference between lanes or at the pavement edge pulls a vehicle off line.
- Steel plates shift, sit too high, or are slick when wet.
- Loose gravel or millings are left in a travel lane.
- Debris or materials fall from a construction vehicle or are left in the roadway.
- A raised utility cover or open trench is not marked or protected.
Who may be responsible
The contractor
The company doing the work is generally responsible for keeping travel lanes reasonably safe and warning of surface hazards it creates.
A subcontractor or hauler
Paving, utility, and trucking companies may each be responsible for the part of the work that caused the hazard.
A government agency
The road owner may share responsibility for hazards it knew about and did not address. Claims against public entities have their own rules.
Evidence that matters
- Photos of the hazard with something for scale, taken as soon as possible
- The exact location, lane, and direction of travel
- Damage to tires, wheels, and suspension
- Whether any warning signs such as uneven lanes or loose gravel were posted
- The police crash report and tow or repair records
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
My car was damaged but I was not hurt. Can you help?
Our focus is on injury cases. For property damage alone, a claim with the contractor or its insurer is usually the place to start, and we are glad to point you in the right direction.
The hazard was fixed the next day. Does that hurt my claim?
No. A quick repair does not erase what happened. Your photos, repair records, and the project's own records can show the condition at the time of the crash.