Construction Zone Injury Lawyer

What Is A Construction Zone Accident?

A construction zone accident is any type of car accident that occurs within a construction zone, including the entry and exit to the zone. Truckers, motorists, motorcyclists, construction equipment, and construction workers can all contribute to causing construction zone accidents.

Construction Zone Accidents In Colorado: What You Need To Know

CDOT reported that in 2024, there were 31 fatalities in construction zone crashes, a 94% increase from 2023. KKCO 11 News reported there was a 53% increase from 2023 to 2024 in work zone crashes, amounting to a total of 2,873 total crashes. ConstructionDive reports the following data for construction zone-related crashes in the state:

• 2021: 1,957 total crashes, with 51 serious injuries, and 11 fatalities
• 2022: 1,696 total crashes, with 55 serious injuries, and 10 fatalities
• 2023: 1,878 total crashes, with 63 serious injuries, and 16 fatalities

Is Colorado A No-Fault State?

Colorado is not a no-fault state, but an at-fault state. This means that fault is assigned to those involved in car crashes in the state, including construction zone crashes. Colorado also uses modified comparative negligence, which allows someone to seek compensation, as long as they are less than 50% at fault. However, their total settlement is reduced by the percentage they are deemed to be at fault.  

What Causes Construction Zone Accidents In Colorado?

Common causes of car accidents in construction zones can include:

• Tailgating
• Speeding
• Distracted driving
• Lane shifts
• Uneven pavement
• Aggressive driving
• Reckless driving
• Poor visibility
• Inadequate signage
• Defective construction equipment
• Driver fatigue
• Road debris
• Construction vehicles entering or exiting work zones
• Poor road conditions
• Poor weather conditions

Common Types Of Construction Zone Accidents

The most common type of construction zone accident is rear-end collisions from drivers following too closely to the vehicle in front of them. Without a safe following distance, when that vehicle breaks unexpectedly, the driver behind them crashes into them. Other common types of car accidents in construction zones include:

• Sideswipe accidents
• Construction equipment collisions
• Construction worker collisions
• Construction barrier collisions
• Loss of vehicle control accidents
• Semi-truck accidents 
• Improper lane change accidents
• Vehicle malfunction accidents

Injuries Caused By Construction Zone Crashes

The injuries caused by construction zone crashes can range from minor bumps, bruises, scrapes, and cuts to more serious injuries, such as:

• Lacerations
• Whiplash
• Head, neck, and shoulder injuries
• Fractured and broken bones
• Traumatic brain injuries (TBIs)
• Back and spinal cord injuries
• Burns
• Internal bleeding injuries
• Internal organ injuries
• Wrongful death

Who Can Be Held Liable In A Colorado Construction Zone Accident?

Determining liability is a crucial part of ensuring your construction zone accident claim is not denied. The liable party is the one who was negligent for the accident and could include:

• Drivers
• Motorcyclists
• Truck drivers
• Construction crews
• Construction companies
• Local municipalities
• Construction equipment operators
• Vehicle and equipment manufacturers
• Vehicle and equipment parts suppliers
• Vehicle and equipment mechanics

In some cases, there could be more than one liable party. When there is, you can seek compensation from each negligent party. 

What Compensation Can You Recover After A Construction Zone Accident?

Car accident laws in Colorado allow you to recover compensation for economic and non-economic damages after a construction zone accident. Economic damages are damages with an actual dollar amount attached to them, such as:

• Lost wages
• Medical expenses
• Property damages
• In-home health care services
• Home modifications
• Adaptive technologies
• Medical equipment and prescription costs

Non-economic damages do not have an actual dollar amount, but are assigned a value based on their severity, and include:

• Pain and suffering
• Mental anguish
• Loss of consortium
• Loss of companionship
• Emotional distress
• Loss of enjoyment 

How Long Do You Have To File A Claim In Colorado?

Colorado allows victims up to three years from the date of the accident to file their construction zone injury claim. If a claim is not made by that time, the victim forfeits their legal right to seek monetary compensation from the liable party. 

However, there are exceptions you need to be aware of:

• Minors: The three-year statute of limitations does not start until their 18th birthday, if their parent or guardian has not already filed a claim. 
• Government municipalities: When a government municipality, vehicle, or employee is responsible for the accident, you only have 182 days to file your injury claim. 
• Hit-and-run wrongful death: If a loved one was tragically lost in a hit-and-run construction zone accident, the surviving family members have four years to file a wrongful death lawsuit against the responsible party. 

You should never assume you have three years to file your injury claim for your construction zone accident. Instead, it is better to consult with a construction zone injury lawyer as soon as possible to find out your legal rights and the statute of limitations to file your claim. 

Filing as soon as possible also provides these benefits to ensure a successful outcome:

• Evidence is easier to obtain to prove negligence
• Witness statements are more accurate as the events are fresh in their minds
• Insurance companies are usually more willing to reach a settlement 
• It is easier to build a strong case if it needs to be taken to trial

Contact Our Colorado Construction Zone Accident Lawyers Today

The most important thing to do after a car accident in a construction zone is to seek immediate medical treatment, even for minor injuries. After taking care of your medical needs, your next step should be to contact the compassionate and caring car accident lawyers at Bachus & Schanker. 

We provide support, guidance, and free legal advice to help you make informed decisions to ensure you receive the compensation you deserve. Protect your legal rights to seek compensation from the at-fault driver by requesting your free case evaluation now. 

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