Did you know that over 67,500 road construction accidents occurred nationwide in a single year, resulting in more than 47,700 injuries? These alarming statistics highlight the serious risks associated with construction zones on our roads.
Construction zone accidents present unique challenges when determining liability. Multiple parties could be responsible, from construction companies failing to provide adequate warnings to negligent drivers causing chain-reaction collisions. Furthermore, these accidents can occur even when construction workers aren’t present, making each case particularly complex.
If you’ve been involved in a road construction accident in Colorado, you should understand your legal rights. Under Colorado’s modified comparative negligence rules, you may be entitled to compensation, even if you were partially at fault. However, the success of your claim often depends on properly documenting the incident and understanding who can be held liable for your injuries.
Understanding Road Construction Accidents in Colorado
Road construction zones in Colorado present significant safety challenges for both workers and motorists. According to recent data, Colorado witnessed a dramatic 75% increase in construction zone fatalities in 2024, with 28 deaths recorded by November.
Common types of accidents
Rear-end collisions stand out as the most frequent type of construction zone accident . Additionally, struck-by incidents account for a substantial portion of worker injuries, with construction vehicles and heavy equipment causing 50% of these accidents . Notably, nighttime accidents pose an elevated risk, as workers operating between 6 p.m. and 6 a.m. face a 300% higher chance of being struck by vehicles .
Key risk factors
The Colorado Department of Transportation has identified several primary factors contributing to construction zone crashes:
- Careless driving (42% of incidents)
- Following too closely (31% of crashes)
- Distracted driving (8% of accidents)
Poor visibility and inadequate signage also contribute significantly to these incidents. According to safety data, four out of five traffic-endangered workers lack proper high-visibility protection .
Recent statistics
The severity of construction zone accidents in Colorado has increased substantially. While the total number of crashes decreased from 1,878 in 2023 to 1,232 in 2024, fatalities rose significantly . Primarily, vehicle occupants face the greatest risk, as 85% of construction zone fatalities involve drivers and passengers rather than workers . The financial impact is substantial, with annual highway-related tort settlements ranging from $450 to $800 million .
Who Can Be Held Liable?
Determining liability in a road construction accident requires careful examination of multiple parties’ roles and responsibilities.
Construction companies
Construction companies bear primary responsibility for maintaining safe work zones. These companies must protect both workers and motorists by implementing proper safety measures . Specifically, they’re required to:
- Place adequate warning signs and barriers
- Remove construction debris promptly
- Maintain proper lighting
- Position equipment safely
- Create safe traffic flow patterns
Government entities
State and local government agencies can face liability for road construction accidents, though pursuing these claims involves specific challenges. Given these points, government entities might be responsible for failing to close unsafe roads or redirect traffic properly . Moreover, municipalities must oversee construction projects effectively, though sovereign immunity often complicates legal action against them .
Vehicle drivers
Driver negligence remains one of the most frequent causes of construction zone accidents. Consequently, motorists who fail to follow posted signs, maintain proper speeds, or stay alert can be held responsible for damages . In addition to these basic responsibilities, drivers must exercise heightened caution when navigating through construction areas, as their actions can trigger chain-reaction accidents.
Equipment manufacturers
Equipment manufacturers face liability when defective machinery contributes to accidents. Product liability claims against these companies typically stem from design flaws, manufacturing defects, or inadequate safety warnings. As a result of faulty equipment, both workers and passing motorists may suffer injuries, leading to potential claims against manufacturers.
Steps to Take After a Construction Zone Accident
Taking immediate action after a road construction accident strengthens your legal position and protects your rights. Here’s what you need to do:
Document the scene
First and foremost, preserve crucial evidence at the accident scene. Take comprehensive photographs of:
- Road conditions and construction zone signage
- Vehicle damage and debris patterns
- Your visible injuries
- Construction equipment positions
- Weather and lighting conditions
Collect statements from witnesses promptly, as their accounts become vital evidence for your case. Under these circumstances, avoid discussing fault or apologizing, as these statements could affect your claim later.
Seek medical attention
Primarily, seek medical care immediately, regardless of how minor your injuries might seem. Shock can mask pain in the hours following an accident. In fact, delaying medical attention could jeopardize your claim, as injuries discovered later might not be covered.
For non-emergency situations, you must choose from your employer’s designated provider list of at least four physicians. You have the right to switch doctors once within 90 days of your injury. Subsequently, if you’re unhappy with your care, you can submit a Request for Change of Physician form.
Report the incident
Colorado law requires reporting work-related injuries within specific timeframes. You must notify your employer in writing within 10 working days of the incident. Failing to meet this deadline could result in reduced benefits.
For accidents resulting in hospitalization or permanent impairment, your employer’s insurance carrier must file a First Report of Injury within 10 days. The insurance carrier then has 20 days to take a position on your claim. Keep copies of all correspondence and medical records, as these documents form the foundation of your case.
Legal Options for Accident Victims
After a road construction accident, victims have several legal avenues to pursue compensation. Understanding these options helps ensure you receive the maximum compensation for your injuries.
Personal injury claims
Personal injury claims offer comprehensive compensation coverage. Primarily, these claims can provide reimbursement for medical expenses, lost wages, and pain and suffering. Under these circumstances, you must prove that another party’s negligence caused your injuries. A successful claim might cover both economic and non-economic damages, including future medical care needs.
Workers’ compensation benefits
Workers’ compensation serves as the primary source of financial support for employees injured during construction work. These benefits typically include:
- Medical treatment expenses
- Travel costs for medical appointments
- Wage loss compensation
- Permanent disability benefits
- Vocational rehabilitation services
Essentially, you’re covered from your first day on the job. Indeed, any business with three or more workers must carry workers’ compensation insurance. You don’t need to prove fault to receive these benefits, although you must report the injury within specific timeframes.
Third-party lawsuits
Third-party lawsuits present an additional opportunity for compensation, altogether separate from workers’ compensation claims. Generally, these claims arise when someone other than your employer contributes to the accident. For instance, if defective equipment caused your injury, you might have grounds for a product liability claim against the manufacturer.
Undoubtedly, third-party claims can provide broader compensation than workers’ compensation alone. These lawsuits allow recovery for pain and suffering, emotional distress, and full lost wages – benefits not available through workers’ compensation. To succeed in a third-party claim, you must demonstrate that the third party owed you a duty of care and breached that duty, directly causing your injuries.
Conclusion
Road construction accidents create complex legal situations that demand careful handling and thorough understanding of your rights. Whether you’re a construction worker or passing motorist, multiple parties could share responsibility for your injuries. This fact alone makes it essential to properly document everything and seek immediate medical care after an accident.
Legal options exist to help you recover damages, though each path requires different approaches. Personal injury claims offer comprehensive compensation, while workers’ compensation provides specific benefits for job-related injuries. Third-party lawsuits present additional opportunities when entities beyond your employer share fault for the accident.
Time matters significantly in these cases. Colorado’s statute of limitations and specific reporting requirements mean you should act quickly to protect your rights. Contact the Ronquillo Law Firm today for a free consultation and take the first step toward justice and recovery.
Remember, you don’t have to navigate this challenging situation alone. Though construction zone accidents often seem overwhelming, understanding your legal rights and taking prompt action can help secure the compensation you deserve. Most importantly, working with experienced legal counsel ensures your interests remain protected throughout the entire claims process.
