Work Zone Accident? Get Legal Help and Safety Tips

Work zones are dangerous for both crews and drivers. The Pennsylvania Department of Transportation (PennDOT) reports that nearly 2,000 work zone accidents occur each year throughout the Commonwealth, largely due to drivers disobeying speed limits, engaging in distracted driving and other safe rules of the road laws, and, in some cases, poorly designed or maintained work zones.

What Are Pennsylvania’s Work Zone Safety Laws?

Hundreds of people have been killed in work zone crashes in Pennsylvania, and many more have suffered serious Injuries. In efforts to make work zones safer, Pennsylvania has enacted a number of laws regulating driver behavior while operating motor vehicles in work zones. Drivers have far more physical protection in work zones than worker crews and are expected to drive safely to protect workers.

Pennsylvania’s Work Zone Safety Law requires all drivers to turn on their headlights in all posted work zones to increase visibility, regardless of whether the zone is active. Drivers stopped for another traffic violation face an additional $25 fine if driving in a work zone without headlights.

All highway work zones have “Active Work Zone When Flashing” signs with flashing lights indicating to motorists when a work zone is active with workers and moving equipment. While work zone laws apply whether active or not, active work zones have stiffer penalties for drivers who commit violations, including:

• Motorists cited for driving 11 or more miles per hour above the posted speed limit face a 15-day license suspension.
• Motorists involved in a traffic accident and found to have been operating at an unsafe speed face a 15-day license suspension.
• Fines for speeding, driving under the influence, or not obeying traffic laws are doubled in active work zones.
• Drivers convicted of causing a fatal collision while under the influence of alcohol or drugs face up to five years imprisonment.
• Motorists who ignore “road closed” and other signs alerting drivers to potentially dangerous conditions face fines of up to $250 and two points on their driver’s license. Fines increase if the violation results in emergency responders arriving on the scene from $250 to $500, and the driver will also be responsible for the emergency response costs.

In addition to fines, drivers who cause a work zone accident could see an increase in their auto insurance rates or loss of insurance. If construction workers are injured in a work zone car accident, the driver may be responsible for compensating workers for their injuries, lost wages, and other damages. Drivers may also face criminal charges for work zone accidents, especially if one results in severe injuries or fatalities.

What Dangers Lurk in Highway Work Zones?

Work zones are designed to keep motorists and workers separate and safe from one another, but even the slightest miscalculation or misstep can result in a devastating accident. Some potential hazards of work zones that my contribute to an accident include:

• Inadequate or lack of warning signs
• Improper barricade placement
• Construction vehicles pulling into traffic
• Misdirection of traffic through the zone
• Inadequate lighting
• Insufficient traffic buffer space
• Construction debris, equipment, or machinery in the roadway
• Defective or improperly repaired roads
• Uneven or shifting lanes
• Steep drop-offs, holes, and ruts
• Poorly trained work zone crew
• Other reckless motorists

What Are Common Causes of Work Zone Accidents?

Work zones are designed to keep everyone safe during road maintenance, but work zone safety requires participation from both crews and motorists. Work zone crashes are unique in that one can occur due to multiple causes, including the driver, work crews, construction company negligence, the zone itself, or a combination of any or all. Common causes of accidents include:

• Altered traffic patterns
• Careless workers
• Driving under the influence
• Fatigued driving
• Following too closely
• Inadequate signs
• Insufficient lane space
• Merging
• Poorly designed work zones
• Poor road conditions
• Reckless driving
• Road debris
• Speeding
• Weather conditions

The most common types of car accidents in work zones are collisions with medians, barriers, work equipment, road crews, maintenance vehicles, and rear-end collisions with other motorists.

What Safety Protocols Are Required in Work Zones?

The Occupational Safety and Health Administration (OSHA) established federally mandated work zone control measures to mitigate the known hazards and maintain the safety of workers and drivers, which include:

• Traffic controls to prevent motorists from driving into or through active work zones, such as concrete barriers, traffic cones, sand crash cushions, barrels, and delineator posts.
• Signage alerting drivers when entering a work zone and toward paths away from workers.
• Proper flagger training and certification on authorized signaling methods.
• High visibility, fluorescent Class 2 or 3 Performance garments for workers with visibility up to 1,000 feet.
• Illuminated flagging stations for improved visibility.

Who Can Be Responsible for Accidents in Work Zones?

There can be several parties who share responsibility for work zone accidents, such as:

• Other drivers: The most common responsible party is another negligent driver if they failed to operate safely in a work zone, such as speeding, using a cell phone, or following too closely.
• Construction companies: Construction companies have a duty of care to keep motorists driving through work zones safe and warn of potential dangers. If a company breaches this duty by not maintaining the zone or failing to place proper signage, it can be liable for accidents and injuries.
• Government entities: Depending on the circumstances, a government entity, such as the state, county, or local municipality, may also share liability for a construction zone accident for failing to take steps to protect public safety.

What Are Safety Tips for Drivers in Work Zones?

Highway work zones are dangerous for drivers. Narrow lanes, direction, lane changes, reduced speeds, workers, and equipment on or near the roadway create additional hazards. Navigating these situations simultaneously can be overwhelming and require vigilance when driving. Tips for maintaining safety include:

• Stay alert and avoid distractions.
• Turn on your headlights.
• Pay attention to flaggers in construction work zones.
• Obey all posted signs.
• Follow posted speed limits and do not speed.
• Maintain a safe distance between vehicles.
• Use four-way flashers if you are stopped or are traveling slowly.
• Use indicators well in advance when changing lanes.
• Be prepared for sudden stops or changes in traffic flow.

What Steps Should I Take After a Work Zone Accident?

It is essential to know what to do after a car accident to help preserve evidence and support your claim. If you are able, you should take the following steps:

• Report the accident and injuries to police.
• Photograph the scene to document the accident, including vehicle damage, injuries, signage, and obstructions.
• Exchange contact and insurance information if another driver was involved.
• Limit conversation and do not apologize to avoid your statements being used against you later.
• Gather contact information and statements from any witnesses.
• Seek a thorough medical evaluation as soon as possible to determine whether you suffered any life-threatening internal injuries with no apparent symptoms.
• Keep all records of the accident and your injuries, including medical bills, invoices, and correspondence.
• Hire a knowledgeable and experienced car accident lawyer skilled at negotiating settlements with insurance companies for maximum compensation.

How Can Galfand Berger LLP Help Me After a Work Zone Accident?

Navigating the legal complexities of a car accident in a construction zone can be challenging, especially when multiple parties share responsibility, such as the other driver, construction company, contractor, or government entity. An experienced car accident lawyer can assess and investigate the circumstances of your case, gather and review evidence, interview witnesses, and negotiate a settlement with insurance companies.

Galfand Berger LLP has advocated for those injured by negligent drivers for over 75 years, securing hundreds of millions of dollars in compensation for our clients. Some of our most recent settlements and recoveries include:

• $2 million for our client, who was killed by a construction truck that entered the highway from an unmarked turn-around in a work zone at night.
• $2 million for Pennsylvania Turnpike Commission workers who suffered PTSD as a result of witnessing their co-worker get stuck and killed by a tractor-trailer driving too fast through a properly posted and protected work zone.
• $1.75 for Pennsylvania Turnpike Commission maintenance workers injured by a speeding truck driver in a maintenance zone.

Our Philadelphia Car Accident Lawyers at Galfand Berger LLP Help Clients Injured in Highway Work Zone Accidents

If you or a loved one has been injured in a work zone motor vehicle accident, our experienced Philadelphia car accident lawyers at Galfand Berger LLP can help. Call 800-222-USWA (8792) or contact us online to schedule a free consultation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we serve clients in Pennsylvania and New Jersey, including Allentown and Harrisburg.