Albertans know that the warmer seasons bring a surge of road construction. While this seasonal maintenance is essential for keeping infrastructure safe and functional, it also creates a higher risk of motor vehicle accidents. Construction zones, with their reduced speed limits, lane shifts, signage, and presence of workers and equipment, present a complex and often hazardous environment for drivers. For motorists and vulnerable road users alike, the risks are significant. When accidents occur, the consequences can be severe.
Personal injury claims arising from construction zone accidents often involve multiple parties and complex liability issues. Understanding the legal framework, common causes of collisions, and the options available to injured individuals is crucial for anyone affected by a traffic accident in a construction zone.
Why Construction Zones Increase Accident Risk
Alberta’s relatively short construction season means roadwork projects are frequently concentrated into the warmer months. As a result, drivers are more likely to encounter multiple construction zones during daily commutes or road trips. These areas may involve narrowed lanes, uneven road surfaces, temporary signage, flagging crews, and unexpected detours, all of which demand a high level of attention from drivers.
Unfortunately, not all motorists adjust their behaviour appropriately. Speeding through construction zones, failing to yield to workers or flaggers, and not responding to changing road conditions can lead to serious accidents. Construction zones are often associated with rear-end collisions, sideswipes, single-vehicle crashes, and pedestrian injuries involving construction workers.
The combination of increased vehicle volume, altered traffic patterns, and a lack of driver caution creates a heightened risk of collisions. This is especially true in urban centres like Calgary and Edmonton, where road networks are already congested. Rural highways are not immune, particularly where high-speed travel meets abrupt construction slowdowns.
Legal Duty of Care in Construction Zones
All drivers in Alberta owe a duty of care to other road users. This obligation includes exercising caution and complying with traffic laws, particularly in areas with clearly identified hazards, such as construction zones. The legal standard is not lowered simply because the roadway is under repair. In fact, drivers may be expected to be more cautious when navigating these areas.
Construction companies, subcontractors, and government entities also carry legal responsibilities. They must ensure work zones are properly planned, signed, and maintained. Clear signage, visible warnings, appropriate barriers, and safe detours are all essential components of a legally compliant construction zone.
When an accident occurs, courts examine whether any party failed in their duty of care. A driver who speeds through a construction zone or ignores signage may be found liable. But if a construction company fails to post adequate warnings or creates confusing traffic patterns, it, too, may share responsibility.
Common Causes of Construction Zone Accidents
Construction zones introduce a range of variables that can contribute to traffic accidents. The most common contributing factors include speeding, distracted driving, driver confusion due to unclear signage, aggressive merging, and failure to yield to flaggers or workers. In some cases, the road design or temporary layout itself may be unsafe.
Crashes may also result from improper traffic control, such as inadequate advance warning signs or inconsistent lane markings. In low-light or nighttime construction, visibility becomes a significant concern, particularly when cones, signage, or workers’ clothing are not properly illuminated. Road surface conditions can also pose risks; loose gravel, sudden elevation changes, or missing lane markings can lead to loss of control.
Equipment-related hazards are another significant factor. Construction vehicles may enter or exit the roadway unexpectedly or be positioned close to live traffic lanes. If such vehicles are not adequately marked or signalled, drivers may not have adequate time to respond.
Determining Fault in Construction Zone Collisions
Liability in a construction zone accident is not always straightforward. Multiple parties may share fault depending on the specific circumstances. For example, a speeding driver who crashes into another vehicle that had to stop due to unclear signage may be partly at fault, but the entity responsible for the signage may also be liable for contributing to the accident.
In Alberta, the principle of contributory negligence applies. This means that more than one party may be held responsible for an accident, with damages apportioned according to each party’s degree of fault. For injured plaintiffs, this may still allow for significant compensation even if they were partially responsible, provided another party’s negligence contributed to the harm.
Investigating construction zone accidents often requires examining maintenance records, construction zone plans, and contractor practices. Eyewitness accounts, dashcam footage, and police reports can also provide crucial evidence to support a personal injury claim.
Injuries Commonly Associated with Construction Zone Crashes
The injuries sustained in construction zone accidents vary depending on the type of collision, but can be particularly severe due to the presence of equipment, workers on foot, and barriers. Rear-end collisions often result in whiplash, neck injuries, and concussions. T-bone or sideswipe accidents may lead to fractures, internal injuries, or spinal damage.
Construction workers struck by vehicles may suffer catastrophic injuries, including traumatic brain injury (TBI), amputation, or death. Pedestrian safety is a key concern in roadside work zones, where visibility and protection from traffic may be limited.
For motorists, the reduced shoulder space and lack of escape routes in construction zones increase the likelihood of more serious outcomes in the event of a crash. Even minor accidents can result in long-term physical and psychological effects that affect a person’s quality of life and ability to work.
Legal Options for Injured Drivers, Passengers, and Workers
In Alberta, individuals injured in construction zone accidents may pursue several legal avenues for compensation. These typically include a personal injury claim against the at-fault party and, where applicable, a workers’ compensation claim for injured workers.
A personal injury lawsuit may seek damages for pain and suffering, lost income, future care costs, and out-of-pocket expenses. For serious injuries, this compensation can be substantial. If the at-fault driver was speeding or driving recklessly, punitive damages may also be considered in rare cases.
The Workers’ Compensation Board (WCB) may provide benefits to injured construction workers. However, in some situations, such as when a third party (like a motorist) causes the injury, the worker may have the right to pursue a separate civil claim.
Each case depends on the unique facts involved, including who was at fault, what safety measures were in place, and the nature and extent of the injuries.
The Role of Insurance in Construction Zone Claims
Like other motor vehicle accidents, auto insurance plays a major role in construction zone claims. To recover full compensation, including for pain and suffering or lost wages beyond the statutory limits, injured individuals must pursue a tort claim against the responsible party.
In construction zone crashes, the at-fault party may be another driver, a construction company, a subcontractor, or even a government entity. These parties typically carry insurance policies that may respond to a claim, but securing a fair settlement can require strong evidence and legal representation.
Dealing with multiple insurance companies adds to the complexity. For example, a driver’s insurer may deny liability by pointing to confusing signage, while the contractor’s insurer may claim the driver was negligent. In such cases, a plaintiff-side personal injury lawyer can play a critical role in sorting through the competing interests and building a case for recovery.
Preserving Evidence After a Construction Zone Accident
Due to the rapidly changing nature of construction zones, preserving evidence is crucial in building a strong claim. Photographs of the accident scene, signage, traffic patterns, and vehicle damage can provide essential context, especially if the construction layout changes shortly after the incident.
Witness statements, police reports, and maintenance or incident logs from the construction company can further bolster a claim. In more serious cases, accident reconstruction experts may be needed to determine exactly how the crash occurred and whether proper safety measures were in place.
Time is of the essence in these cases, not only to preserve evidence but also because there are strict legal deadlines for filing a claim. Injured individuals should seek legal advice as soon as possible to protect their rights.
Contact Cuming & Gillespie LLP in Calgary for Trusted Advice After a Construction Zone Accident
Construction zones are a necessary part of Alberta’s road infrastructure, but they should not come at the expense of public safety. When preventable accidents occur, the law provides injured individuals the right to seek accountability and compensation. Our experienced motor vehicle accident lawyers can help you navigate the legal process and pursue the financial support you need for your recovery.
If you have been injured in a construction zone accident, contact Cuming & Gillespie LLP online or call (403) 571-0555. We can help you understand your options, protect your rights, and work toward the best possible outcome.