Can You Sue a Road Construction Contractor for Causing a Crash in Florida?

September 26, 2025

Dennis Hernandez

Florida’s roads and streets are regularly repaired and improved. Hence, construction zones can be found almost anywhere. This is supposed to add safety and infrastructure for road users, but it carries tremendous risk for drivers, particularly when contractors withhold their legal responsibilities. If you have been injured in a wreck that was caused by a poorly managed work zone, then you may have a highway construction crash claim. At Dennis Hernandez Injury Attorneys, we’ve earned tens of millions for accident victims throughout the state. We fight to get you paid!

What Are Contractors Legally Required to Do in Roadwork Zones?

Both state and federal law require road building contractors to maintain their work areas in reasonably safe conditions for public travel. This includes:

Using clear and visible signage.
As per Manual of Uniform Traffic Control Devices (MUTCD).
Ensuring proper detours.
Keeping roadways clear of debris.
Maintaining lighting and lane markings.

Their failure to perform these functions could be actionable as negligence in Florida, resulting in contractors’ liability.

What Are the Most Common Causes of Construction Zone Accidents?

A lot of road construction zone accidents arise from preventable circumstances, and more frequently than not, somebody’s negligence — quite often the contractor. Some of the most common reasons are:

Poor or Inadequate Signage

Inadequate or absent signage can mislead drivers leading to problems with lane-changing, speed reduction and diverting from turning down a new road. Non-MUTCD-compliant signs also may be used as evidence in establishing liability.

Debris and Road Obstructions

Construction materials in the travel portion of the roadway such as stone chippings, cones and equipment may cause vehicles to swerve or lose control. On highways at high speeds this is particularly dangerous.

Improperly Marked Detours

When detours are not well-marked or require unexpected turns, drivers are at greater risk of crashing. Here blame may lie with a contractor that designed or actually established the alternative travel route.

Unsafe Lane Reductions

Rapid, poorly marked lane closures can lead to sideswipes or rear-end crashes. Such work will require tapering lane reductions and extensive use of warning signs per FDOT requirements.

When Is a Contractor Liable for a Roadwork Accident in Florida?

To establish the liability of a contractor, you must demonstrate that:

They were responsible for maintaining a safe environment.
They breached that duty.
The crash was the result of their breach.
You were harmed (injury, damage to property, etc.)

These are general negligence theories under Florida law which can be pursued as a personal injury action pursuant to §768.81, Florida’s comparative fault statute.

How Does Comparative Fault Impact Compensation?

Now, Florida uses a modified comparative negligence-based under §768.81. If, for example, you are 50 percent or less to blame in your accident, you can still recover money but the amount will be diminished by the extent of your fault.

For instance, if you’re 20% at fault and your damages amount to $100,000, you would still be able to collect $80,000. That is why it is important to show that the negligence of the contractor was a direct cause of the crash.

What Evidence Is Crucial in Proving Contractor Negligence?

Strong evidence is the backbone of any successful construction zone accident claim. Examples include:

Unsafe sign or debris photographs.
Dashcam or surveillance video.
Specialist interpretation of contraventions to traffic management plan.
FDOT reports with that demonstrate evidence of safety infractions or citations.
Testimony from other drivers or workers at the scene.

A construction zone accident lawyer in Central Florida can help preserve this evidence and quickly gather all available evidence before it’s lost or discarded.

What Should You Do Immediately After a Construction Zone Crash?

Acting promptly following a crash related to construction can help protect your rights. Here are the key steps:

Seek Medical Attention

You should always be evaluated, no matter how small your injury. This will protect you and record your injuries for the record.

Report the Incident

Contact the police, and make sure a formal accident report is filed. This report may contain preliminary fault determination and scene observation.

Document the Scene

Photograph the wreck hit and anything else that’s related to it: construction signs, lane markings, other machinery or lighting conditions.

Speak With Witnesses

Obtain names and contact information for anyone who witnessed the crash. That testimony could help you in your claim against the contractor.

Contact an Attorney

Contact a roadwork accident liability Florida attorney so he or she can help you now and start building your case while evidence is fresh.

Who Else May Be Held Liable for a Highway Construction Crash?

The liability, in some circumstances, can even flow down to a contractor’s subcontractors. Other potentially responsible parties include:

Subcontractors: Whether a subcontractor was responsible for running detours or cleaning up.
Government Agencies: If state or county failed to ensure safety
Design Engineers: In the event that a traffic control plan was inherently dangerous

Liability in such cases often depends on the interpretation of contracts, permits and inspection records by experts.

What Types of Compensation Can You Recover?

There are a number of different types of compensation that victims have the right to seek for including:

Medical expenses (current and future).
Rehabilitation and therapy.
Lost wages and diminished earning capacity.
Pain and suffering.
Emotional distress.
Property damage.
Loss of quality of life.

When wrongful death is involved, surviving family members are entitled to damages under Florida Statute §768.21 such as funeral expenses and loss of a loved one.

Why Are Contractor Negligence Cases So Complex?

These accusations are difficult for a number of reasons:

Corporate insurance carriers are often a buffer for the contractors.
The process may be between multiple parties (e.g., state agencies, subcontractors).
Safety infractions can go undetected or undocumented.
Deadlines in the law are hard, and evidence can evaporate.

That is why it is so important to hire a lawyer familiar with the handling of highway construction crash claims. We take the legal stress off of you so you can heal.

What Are the Deadlines for Filing a Construction Zone Injury Lawsuit?

According to Florida Statute §95.11, most personal injury lawsuits, including those for roadwork zone victims, should be filed within two years of the accident date.

Failure to file within this timeframe can cost you the right to seek damages — even if your contractor was noticeably negligent. Your attorney can ensure that all documents are filed within the proper time frame.

Can You Sue a Government Entity for a Construction Zone Crash?

Yes — but there are special rules. If a state or local government agency caused an unsafe condition through careless maintenance, you can submit a claim under §768.28, Florida’s sovereign immunity law.

But such claims come with special notices and far tighter deadlines, usually no more than 180 days. Time is of the essence, so it’s critical to seek out experienced personal injury attorneys right away.

How Can Dennis Hernandez Injury Attorneys Help You?

For decades, our firm has assisted Florida crash victims in their efforts to get justice for the failure of other drivers. We know how complicated construction zone accident cases can be, and are equipped to:

Investigate contractor negligence thoroughly.
Explore other responsible parties to sue.
Consult with professionals to establish fault and cause.
Handle insurance negotiations and litigation.
Get the most from your settlement or court refund.

We’ve collected millions and millions for our clients — and we fight to get you paid!

What Should You Do Now If You Suspect Contractor Negligence?

If you think that hazardous construction work was the cause of your crash, do not hesitate. Contact a lawyer now and start the process to safeguard your interests. The earlier your attorney becomes involved, the better opportunity you have to retrieve crucial evidence and put together a strong case.

Final Thoughts on Suing Road Contractors for Negligence

Sorting through the legal aftermath of a construction zone crash can seem daunting, particularly when contractors or agencies resist. But, with competent legal counsel and excellent documentation, you have the right to fight back and demand those at fault are held accountable.

If you are ready to take action, the staff at Dennis Hernandez Injury Attorneys is here for you. We have the experience, commitment and resources to take on big opponents — and win.

We fight to get you paid!