Other drivers
Speeding, tailgating, distraction, impairment, and late merges cause many work zone crashes. Nevada increases the penalties for traffic violations in marked work zones, and a citation can be useful evidence of fault.
Contractors and subcontractors
The companies doing the work are generally responsible for setting up and maintaining the zone so that the public can get through it with reasonable safety. That includes:
- Following the approved traffic control plan for signs, tapers, lane widths, and barriers
- Giving drivers enough advance warning of closures, shifts, and stopped traffic
- Removing or covering old lane markings and outdated signs
- Keeping travel lanes clear of debris, gravel, and unmarked surface hazards
- Resetting cones, barrels, and signs that have been knocked down
- Providing a safe route for pedestrians and cyclists
- Managing trucks and equipment entering and leaving traffic
A single project can involve a general contractor, a traffic control company, paving and utility subcontractors, and haulers. Each carries its own insurance and keeps its own records.
Trucking and equipment companies
Companies are generally responsible for the negligence of their drivers and operators on the job. Maintenance failures, unsecured loads, and poor training can also point back to the company or to whoever services the equipment.
Public agencies
The State, a county, or a city usually owns the road and approves the project. An agency may share responsibility for an unsafe design or for a hazard it knew about and did not correct.
Claims against public entities in Nevada follow their own rules, including limits on the amount that can be recovered. Those limits generally do not protect private contractors, which is one reason identifying every responsible party matters.
What if you were partly at fault?
Nevada follows a modified comparative negligence rule. You can recover as long as your share of fault is not greater than the combined share of the parties you are claiming against, and your recovery is reduced by your percentage. Insurers often overstate an injured person's share, especially in a confusing zone.
Deadlines
Most Nevada personal injury lawsuits must be filed within two years of the injury. Some claims have different deadlines or notice requirements. Because work zone evidence changes quickly, it is best to have your situation reviewed well before any deadline is close.