San Diego is in a near-permanent state of road construction. Freeway widening projects on I-5, infrastructure upgrades along SR-94, utility work on Third Avenue in Chula Vista — there is always a lane closed, a detour active, and a stretch of road that is more dangerous than normal. If you were injured in a construction zone accident, De Santis Law Center helps San Diego victims identify who is responsible — and get the full compensation they deserve. These cases involve a unique set of liability questions, and our car accident team knows how to answer them.
Construction Zone Crashes: The Numbers
Work zones are dangerous for everyone — drivers, passengers, and road workers alike. According to the Federal Highway Administration (FHWA), hundreds of people are killed and tens of thousands injured in work zone crashes each year in the United States. Rear-end collisions are the most common — drivers following too closely or failing to adjust speed to lane merges and sudden slowdowns. California consistently ranks among the top states for work zone crashes due to its sheer volume of ongoing highway projects and traffic density.
Summer is peak construction season in San Diego. More projects are active, more lanes are narrowed or closed, and more construction workers are on the roads — all while traffic remains heavy from summer drivers and trucks. The conditions for work zone crashes are worst from June through September.
Who Can Be Held Liable in a Construction Zone Accident?
This is where construction zone cases get complex — and where an experienced attorney makes a significant difference. Multiple parties may bear responsibility depending on how the accident happened.
The at-fault driver is the most obvious defendant: someone who rear-ended you in a merge zone, changed lanes unsafely through a construction area, or failed to obey a flagger’s instructions. But that is not always the full picture. The construction contractor may be liable if inadequate signage, improper lane markings, or absent traffic control devices contributed to the crash. The government entity that contracted the project (California DOT, SANDAG, the City of Chula Vista) may also share liability if the construction design was unreasonably dangerous. In cases involving defective equipment — a malfunctioning traffic signal, broken barricade lights — the equipment manufacturer could be a defendant. Our attorneys investigate all of these angles. Our case results include construction zone claims where we pursued multiple defendants to maximize recovery.
Injured in a San Diego Construction Zone? Get Legal Help Now.
Construction zone claims have multiple defendants and short deadlines for government claims. Call De Santis Law Center today.
Get a Free Consultation or call us at (619) 425-2120.
The Government Claim Deadline — Do Not Miss It
If a government entity (CalTrans, a city, a county transportation agency) bears any responsibility for the construction zone where you were injured, you must file a California Government Tort Claim within six months of the date of injury. Miss that deadline and you permanently lose the right to sue that agency — regardless of how strong your case is against them.
This is one of the most common and most devastating mistakes in construction zone cases. Victims spend months recovering from serious injuries, the two-year statute of limitations is in the back of their minds, and they do not realize the six-month government claim deadline has already passed. Call us as soon as you are able. We track these deadlines from day one and file the government claim immediately if a public agency is a potential defendant.
Common Causes of Construction Zone Accidents in San Diego
Every work zone crash has a specific cause — and identifying it accurately is the foundation of your claim. The most frequent causes we see in San Diego construction zone cases: rear-end collisions from drivers who did not slow in time for a sudden merge; sideswipe crashes from unmarked or confusing lane transitions; accidents caused by inadequate advance warning signs (no warning that a lane is ending); crashes involving construction vehicles entering or exiting the active roadway; and pedestrian accidents when workers or flaggers are struck by inattentive drivers.
Speeding is a major contributing factor. California Vehicle Code §22362 requires all drivers to reduce speed through posted construction zones, and double fines apply. A driver who was cited for speeding in a work zone has clear civil liability for your injuries.
Injured Workers in Construction Zones
If you are a road construction worker who was struck by a vehicle, your legal options differ from those of injured motorists. You likely have a workers’ compensation claim through your employer — but you may also have a third-party personal injury claim against the driver who hit you. These are separate claims and can both be pursued. Third-party claims often yield significantly higher compensation than workers’ comp alone. We handle both tracks.
What Damages Can You Recover?
Victims of construction zone accidents can recover the same categories of damages as in any personal injury case: past and future medical expenses, lost wages and earning capacity, pain and suffering, emotional distress, and property damage. If a government entity’s negligence contributed, damages may be subject to certain caps under California Government Code — another reason to call us before filing anything on your own. Understanding the value of your California personal injury case depends on the nature of your injuries and the number of defendants involved. Our Chula Vista attorneys evaluate all of this in a free first call.
Frequently Asked Questions About Construction Zone Accidents
Can I sue CalTrans if a state road project caused my accident?
Yes — if their negligent design or improper traffic control contributed to your crash. But you must file a government tort claim within six months. Do not wait. Government liability cases also involve specific procedural requirements that make having an attorney from the start essential.
What if I was partly at fault for not slowing down in the construction zone?
California’s comparative negligence rule allows you to recover damages even if you shared some fault. If you were 30% at fault and your total damages are $100,000, you recover $70,000. We build the case that accurately assigns fault — including fault that belongs to contractors or government agencies, not just other drivers.
The contractor denies responsibility — what now?
Contractors routinely deny liability in construction zone accidents. That is why you need attorneys who can review the construction contract, the traffic control plan, OSHA records, and site inspection reports to establish their obligations and where they fell short. We do that investigation as standard practice in construction zone cases.
How soon should I call after a construction zone accident?
Immediately. The six-month government claim deadline is your tightest constraint. Beyond that, construction sites change rapidly — equipment is moved, signage is altered, and the zone configuration that caused your accident may not exist in its original form within days. The sooner we document the scene, the stronger your case.
Ready to Get Started?
Construction zone cases involve government deadlines, multiple defendants, and complex liability questions. De Santis Law Center handles all of it — serving San Diego, Chula Vista, and all of San Diego County. Free consultation, no fee unless we win.
Get a Free Consultation or call us at (619) 425-2120.