Can Contractors Be Held Liable for Crashes Caused by Construction Zone Debris?

October 10, 2025

Dennis Hernandez

Construction sites are ubiquitous — from fueling highway expansion to repaving neighborhood streets. As much as these areas indicate progress, they also pose major risks for drivers. When an accident caused by mismanaged debris results in a crash, it poses a critical legal question: Can the contractor be held accountable? In Florida, the answer is often “yes.” This is provided there are certain circumstances and proof of negligence.

This post will look at how liability operates in relation to these kinds of crashes. It will cover what victims must prove and the importance of retaining a personal injury law firm. This is crucial if you plan on seeking justice following a road construction debris crash in Florida.

What Dangers Does Construction Debris Pose To Drivers?

Construction waste is often small, like a lone cone here or there, some loose rocks or perhaps just a forgotten sign. But when vehicles swerve, traffic stops, or cars crash because of an object in the road, the consequences can be much greater.

The Florida Department of Transportation (FDOT) is serious about ensuring work zone safety. It does this through its standards set forth in the Florida Greenbook and MUTCD (Manual of Uniform Traffic Control Devices). Contractors and subcontractors shall be responsible for maintaining clean working areas in all active construction zones. Additionally, they must ensure that signage, barriers, or traffic diversions remain effective.

Failure to observe these guidelines can be deadly. In the U.S., more than 800 fatalities related to work zones occurred in 2022. Thousands of accidents also resulted in injuries, reports National Work Zone Safety Information Clearinghouse. These threats cannot be overlooked in Florida, land of perpetual roadwork.

What Constitutes Contractor Negligence in Florida Car Accidents?

Claims involving contractor negligence car accident Florida cases all come down to one thing: a duty that has been breached. Roadwork contractors have a legal duty to keep things safe for everyone (not just workers) who passes their car through.

Negligence occurs when they:

Delay in clearing hazardous debris
Have improper signage or fail to alert drivers to hazards
Disregard state and federal work zones standards.
Permit subcontractors to shave corners or bypass safety procedures

In the event of a crash, and if subsequent findings demonstrate that these failures led directly to an accident, then the contractor can be found liable for monetary damages.

How Do You Prove A Contractor’s Negligence Caused A Crash?

In order to hold a contractor liable for causing an accident with debris from road construction clutter, there must be evidence of negligence.

Duty of Care
Contractors owe a public duty to ensure that construction areas are reasonably safe. This may entail checking for any debris, installing proper signage and abiding by FDOT and federal standards.

Breach of Duty
And when that duty is breached — as in not cleaning up materials at the end of the workday — a contractor can be held negligent. Violations might also include the use of broken barriers and unclear lane lines as well as letting traffic into unsafe areas.

Causation
It must be proven that the violation led to the crash. For instance, if a driver collided with an improperly marked or removed barricade that was out of place, causation could be clear.

Damages
Victims are required to demonstrate concrete harm, such as medical bills, lost wages, vehicle repairs, or pain and suffering.

Evidence can include:

Police reports
Photographs of the debris
Dashcam or surveillance footage
Witness statements
Analysis from experts in accident reconstruction

What Laws And Precedents Apply In Florida?

Comparative negligence rule in Florida (Fla. Stat. § 768.81) permits liability to be apportioned. Even if a victim is partially the one to blame — they were speeding, for example — they can still collect damages, but those will be reduced by their percentage of fault.

In the landmark case of Smith v Road Build Co., the contractor was held responsible for leaving metal rods in a lane overnight. Plaintiff sustained injuries of the spine, and jury awarded substantial damages due to the contractor having breached his duty. Additionally, the contractor did not perform in accordance with safety standards within industry.

The case established a precedent for similar claims in Florida. It also served to underscore the consequences of skimping on road safety.

What About Subcontractors Or Third Parties?

The liability does not necessarily stop at the head contractor. Subcontractors, equipment suppliers, and traffic control specialists are additional parties. They may be held liable in many contractor negligence car accident Florida claims.

Most commonly, a contractor can be responsible for the actions of their subcontractors under theories of vicarious liability. This responsibility ensues when the primary contractor did not properly monitor or ensure compliance by the subcontractors.

And that’s why you need to scrutinize every party working on a road construction project. Do not focus solely on the firm whose name can be found on a sign.

What Role Does A Personal Injury Law Firm Play In These Cases?

Claims following a construction zone crash are complicated. A seasoned personal injury law firm offers some critical benefits:

Investigation
They collect, and preserve, the crucial evidence before it vanishes. This includes debris photos, tire marks and witness interviews.

Expert Analysis
They might also hire engineers, road safety experts and accident reconstructionists to determine fault.

Negotiation
Contractor-insurance companies are going to point fingers or settle for way less than you need. A lawyer evens the playing field and makes sure your damages are correctly valued.

Litigation
Should you be unable to resolve the matter through negotiation, your attorney will file a lawsuit against the contractor, using state statutes, case law and technical data to force the responsible parties into further negotiations.

Here at Dennis Hernandez Injury Attorneys, we’ve represented countless individuals in the pursuit of compensation from negligent construction companies. We fight to make sure you get paid.

What Compensation Can Victims Pursue?

Florida road construction debris crash victims may be entitled to damages for:

Medical expenses (past and future)
Lost wages and loss of future earning ability
Pain and suffering
Vehicle repair or replacement
Long-term rehabilitation or disability costs

There may also be an opportunity for punitive damages if the contractor was grossly negligent or reckless in his behavior.

Are Most Cases Settled Or Taken To Court?

Many crash claims tied to contractors get resolved out of court — but only when the contractor or its insurer is facing the prospect of a trial. That’s why it is crucial to hire a law firm that has litigation experience.

We do not shy away from big construction companies or their insurance companies. We are ready to take every case all the way, and we have recovered millions and millions of dollars on behalf of our injured clients throughout Florida.

What Should You Do After A Crash In A Work Zone?

If you are injured in a construction zone crash:

Dial 911 and seek medical attention
Photograph the scene, including any debris or incorrect signs.
If you can, get witnesses names and contact information.
Report to the police what happened and the name of their construction company.
Avoid talking to insurance companies before hiring a lawyer.

Time is critical. Evidence can vanish within hours or days as road crews clean up the scene.

When Should You Contact A Lawyer?

As soon as possible. The earlier a personal injury law firm becomes involved, the better your chances of receiving full compensation. Personal injury claims in Florida are generally subject to a two-year statute of limitations (as of changes in 2023 through House Bill 837), but don’t wait.

Investing in legal help early preserves evidence, finds who all responsible parties are, and protects you from the insurance company’s efforts to reduce your claim.

Why Choose Dennis Hernandez Injury Attorneys?

We are committed to justice — and relentless in our efforts to secure compensation for people who have been injured through no fault of their own. If you’ve been injured in an accident in a construction zone with construction debris we will aggressively look into your case, stand up to unscrupulous contractors and fight for all of your rights from beginning to end.

We fight to get you paid!