Houston drivers face construction zones almost daily as our city continues to grow and improve its infrastructure. Unfortunately, these work zones create dangerous conditions that lead to thousands of accidents each year. Understanding who bears responsibility when construction zone accidents occur can make the difference between receiving fair compensation and facing mounting medical bills on your own.
Houston’s Construction Zone Crisis
The numbers paint a stark picture of construction zone dangers in Houston. In 2024, nearly 28,000 traffic crashes occurred in work zones in Texas, resulting in 215 deaths and another 825 serious injuries. Houston, as the state’s largest city, accounts for a significant portion of these devastating statistics.
Most of the people killed in work zone crashes are drivers and their passengers. They made up 81% of the fatalities in 2024. The leading contributing factors include speeding, driver inattention and unsafe lane changes.
With Houston’s ongoing infrastructure projects—including the massive I-45 North Houston Highway Improvement Project and continuous work on major corridors like I-610, US-290, and the Southwest Freeway—construction zones remain a persistent hazard for area drivers.
The Complex Web of Construction Zone Liability
When construction zone accidents occur, determining liability becomes more complex than typical traffic accidents. Multiple parties may share responsibility, and identifying the right defendants requires thorough investigation.
Driver Responsibility
Drivers maintain their duty to exercise reasonable care, even in construction zones. Drivers and pedestrians also have a duty to observe all posted signs and directions to ensure safe travel. Violations that commonly lead to liability include:
- Failing to reduce speed in posted construction zones
- Ignoring traffic control devices and flaggers
- Following too closely in congested work zone traffic
- Distracted driving through areas requiring heightened attention
- Unsafe lane changes around construction equipment
Texas law requires drivers to follow the Move Over or Slow Down law. It requires drivers to move over a lane or reduce their speed to 20 mph below the posted speed limit when approaching a TxDOT, emergency, law enforcement, tow truck, or utility vehicle stopped with flashing lights activated on the roadside or shoulder. Violation of this law can result in a fine of up to $1,250 for a first offense.
Construction Company Liability
Construction companies carry significant responsibility for maintaining safe work zones. The construction company has a responsibility to provide clear signage, barriers, and traffic control to guide vehicles and pedestrians safely through the work zone. Failure to do so in a reasonable manner could indicate liability on the part of the construction company if an accident results.
Common forms of construction company negligence include:
- Inadequate Warning Systems: Missing, obscured, or improperly placed warning signs that fail to give drivers adequate notice of changing conditions
- Poor Traffic Control: Insufficient use of traffic cones, barriers, or flaggers to clearly mark lane shifts, closures, or hazardous areas
- Debris Management: Failing to remove construction debris, loose materials, or equipment that creates road hazards
- Improper Lane Configuration: Creating unreasonably narrow lanes or dangerous traffic patterns
- Equipment Placement: Positioning heavy machinery or vehicles without proper warning lights or barriers
The vicarious liability law can hold employers responsible for the actions and negligence of their employees. This means construction companies may face liability for their workers’ negligent actions that contribute to accidents.
Government Entity Responsibility
Texas municipalities and TxDOT may also bear responsibility for construction zone accidents under certain circumstances. For example, the city may be responsible for ensuring that a construction zone is properly marked for projects it organizes or oversees.
However, government liability faces significant limitations. The city or state government that assigns the contract to the contractor is usually protected by sovereign immunity in Texas. The rule of sovereign immunity gives the government the discretion to decide when and where to put up traffic control devices.
Government entities may face liability when they:
- Fail to properly oversee contracted construction work
- Neglect to close dangerous roadways when necessary
- Provide inadequate traffic control planning
- Allow work to proceed without proper safety measures
Third-Party Liability
Additional parties may share responsibility depending on the accident circumstances:
- Equipment Manufacturers: When defective construction equipment or safety devices contribute to accidents
- Subcontractors: When specialized work crews fail to follow safety protocols
- Property Owners: When construction occurs on private property with inadequate safety measures
Texas Law and Construction Zone Accidents
Texas is a fault-based car accident state, meaning the person or party at fault for causing an accident is generally who must pay for the damage caused. This system allows injured parties to pursue compensation from all responsible parties.
Texas follows a modified comparative negligence rule. The comparative fault or negligence rule states that an accident victim can still recover partial compensation for an accident if he or she is determined to share fault with the defendant. As long as the victim is allocated less than 51 percent of fault for the collision, he or she can still recover compensation in an amount equivalent to the defendant’s degree of fault.
This means even if you contributed to the accident—perhaps by exceeding the posted construction zone speed limit—you may still recover damages if your fault remains below 51%.
Proving Liability in Construction Zone Cases
Successfully establishing liability in construction zone accidents requires comprehensive investigation and evidence gathering:
Immediate Scene Documentation:
- Photographs of signage, barriers, and traffic control devices
- Road surface conditions and debris
- Vehicle damage and final positions
- Weather and lighting conditions
Official Records:
- Police reports and traffic citations
- TxDOT traffic control plans for the work zone
- Construction company safety protocols and training records
- Previous accident reports in the same work zone
Expert Analysis:
- Accident reconstruction specialists
- Traffic engineering experts
- Construction safety professionals
- Medical experts to document injuries
Witness Testimony:
- Other drivers who observed the accident
- Construction workers present at the scene
- Emergency responders
Common Construction Zone Injuries
Construction zone accidents often result in severe injuries due to the confined spaces, heavy equipment, and confused traffic patterns. Typical injuries include:
- Traumatic brain injuries from high-impact collisions
- Spinal cord injuries and paralysis
- Multiple bone fractures
- Internal organ damage
- Severe lacerations from debris
- Burn injuries from equipment fires
The confined nature of construction zones can also lead to multi-vehicle pile-ups, increasing the severity of injuries and complicating liability determination.
Challenges in Construction Zone Cases
Construction zone accident cases present unique challenges that require experienced legal representation:
Multiple Insurance Policies: Construction companies, government entities, and individual drivers may all carry different insurance policies with varying coverage limits.
Complex Liability: Determining fault among multiple parties requires thorough investigation and often involves disputes between insurance companies.
Government Immunity: Pursuing claims against government entities involves special notice requirements and procedural hurdles.
Time-Sensitive Evidence: Construction zones change rapidly, making immediate evidence preservation crucial.
Protecting Your Rights After a Construction Zone Accident
If you’re involved in a construction zone accident in Houston:
- Ensure Safety First: Move to a safe location if possible and call 911 immediately
- Document Everything: Take photographs and videos of the scene, including all signage and barriers
- Gather Information: Collect contact information from all drivers, passengers, and witnesses
- Seek Medical Attention: Get examined by a healthcare provider, even if injuries seem minor
- Avoid Admitting Fault: Stick to facts when speaking with police and insurance companies
- Preserve Evidence: Keep all medical records, repair estimates, and correspondence
- Contact an Attorney: Consult with an experienced personal injury lawyer before settling with insurance companies
Why Legal Representation Matters
Construction zone accident cases involve complex liability questions, multiple insurance policies, and often significant damages. Insurance companies for construction companies and government entities employ experienced adjusters and attorneys to minimize their liability.
Without experienced legal representation, you may:
- Miss crucial evidence that establishes liability
- Accept inadequate settlement offers
- Fail to identify all responsible parties
- Miss important filing deadlines
- Lose your right to fair compensation
Take Action to Protect Your Future
Construction zone accidents can change your life in an instant, leaving you with serious injuries, mounting medical bills, and lost income. You shouldn’t have to navigate the complex legal landscape alone while recovering from your injuries.
The experienced personal injury attorneys at Joe I. Zaid & Associates understand the unique challenges of construction zone accident cases. We have the resources and expertise to thoroughly investigate your accident, identify all responsible parties, and fight for the maximum compensation you deserve.
Don’t let construction companies or their insurance companies take advantage of you during this difficult time. Our team has recovered millions of dollars for accident victims throughout Houston and surrounding areas, including numerous seven-figure settlements for clients with serious injuries.
Contact Joe I. Zaid & Associates today for a free, no-obligation consultation. Call (346) 756-9243 or visit our office at 4710 Vista Rd, Pasadena, TX 77505. We’ll win your injury case, or it’s free.
Remember—the sooner you act, the better we can preserve crucial evidence and protect your rights. Time is critical in construction zone accident cases, so don’t delay in seeking the legal help you need and deserve.
