How to Prove Negligence in a Roadside Construction Accident

Posted Jul 2025

Roadside construction projects are essential for improving highways and other road infrastructure. Unfortunately, road construction zones disrupt normal traffic patterns and increase the risk of accidents, especially when workers or contractors fail to implement proper safety precautions. From heavy machinery left on the road to poorly marked detours and narrowed lanes, road construction zones are inherently dangerous.

If you or a loved one has been injured in a roadside construction accident, proving negligence is essential to pursuing compensation for your injuries. While establishing who is at fault can be complicated, an experienced Arizona roadside construction accident lawyer can help.

Common Causes of Roadside Construction Accidents

There are several factors that often lead to dangerous or even fatal road crashes, including negligence by workers or motorists. Some of the most common causes of roadside construction accidents include:

Poor signage or inadequate warning systems
Improper lane closures or detour markings
Low visibility due to poor lighting or weather
Equipment left dangerously close to travel lanes
Negligent construction worker behavior
Speeding or distracted driving by other motorists

When an accident occurs due to preventable hazards in or near the construction zone, negligence may be to blame.

Legal Definition of Negligence in Arizona

For a successful personal injury claim after a construction zone accident, you must prove that someone’s negligence caused the accident. Arizona law recognizes four essential elements of negligence:

Duty of Care – The responsible party owed you a legal duty to act safely and responsibly. For instance, the law requires construction companies to maintain safe work zones for public roadways.
Breach of Duty – That duty was violated, such as failing to place warning signs or using unsafe detour layouts.
Causation – The breach directly caused your accident and injuries.
Damages – You suffered losses, including physical injuries, vehicle damage, or lost income.

Arizona follows a pure comparative negligence rule. This means even if you’re partially at fault, you can still recover compensation, though it will be reduced by your percentage of fault. For example, if you’re found 20% at fault, you can still collect 80% of your damages.

Who Can Be Held Liable in Construction Zone Accidents?

Unlike typical road crashes, several parties may be potentially liable for your construction zone accidents. These liable parties may include:

i) Other drivers in or near construction zones may be liable for accidents due to their negligence or recklessness.
ii) Construction companies may be liable for damages in accidents where they fail to maintain safety at the worksite.

iii) Subcontractors operating heavy equipment or managing traffic flow may also be liable.

iv) Government entities, including local and state agencies, may be liable for failing to ensure compliance with safety regulations. They may also be liable for sub-standard road maintenance.
v) Engineers or planners who design unsafe detour routes
vi) Product manufacturers whose defective machinery or tools injure construction workers or others in or near the zone.

While more than one party may be liable for a roadside construction accident, each party has its own legal obligations. It is therefore critical to have thorough investigations to identify the individual party’s degree of fault.

Key Evidence Needed to Prove Negligence

You need solid evidence to establish negligence in a roadside construction accident claim. The key evidence you need to collect may include:

Police reports: These documents may contain initial fault determinations or citations issued at the scene.
Photos and videos: Capture signage (or lack thereof), vehicle damage, road layout, and environmental conditions.
Witness statements: Bystanders, other drivers, or even construction workers may provide valuable insight.
Expert testimony: Accident reconstruction professionals and traffic safety experts can help explain how negligence led to your crash.
Maintenance logs and safety records: These may reveal violations of safety regulations or poor training practices.
Medical records: Help show the extent of your injuries and their connection to the accident.
Surveillance or dash-cam footage: Videos can reveal the exact moment of impact or a lack of warning signs.

Gathering and preserving this evidence as soon as possible is critical, especially when dealing with large construction firms or government agencies that may try to deflect responsibility.

How an Attorney Can Strengthen Your Case

Roadside construction accident cases are often complex. However, a skilled and experienced Arizona personal injury attorney can guide you through the complexities and help you hold negligent parties accountable. The lawyer can help:

Conduct thorough investigations to find liable parties and gather compelling evidence.
Preserve time-sensitive data like worksite logs or security footage before it disappears.
Hire qualified experts to bolster your claim with professional analysis.
Communicate with insurers and protect your rights during negotiations.
Navigate government liability claims, which often involve strict notice deadlines.
File a lawsuit and represent you in court in case negotiations fail or the settlement is unfair.

Having a skilled roadside construction accident attorney ensures you’re not fighting a powerful construction company or government agency alone.

What to Do If You’re Involved in a Roadside Construction Accident

If you’ve been involved in a road construction zone accident, follow these steps to protect your health and legal rights:

Seek immediate medical attention even if you don’t have any visible injuries
Call the police and report the accident.
Take photos or videos of the accident scene. Capture the area, signage, vehicles, and injuries.
Collect witness information, including names, phone numbers, and any statements they’re willing to give.
Avoid discussing fault or giving statements to insurance companies without a lawyer.
Consult a personal injury attorney familiar with Arizona construction zone accident claims.

Let a Scottsdale Roadside Construction Accident Attorney Help You

Roadside construction accidents can leave victims with serious injuries and in emotional and financial distress. When these accidents are due to negligence by other drivers, construction workers, careless contractors, or government oversight, you have the right to compensation. While you must prove negligence to recover damages, it can be challenging.

However, a skilled roadside construction accident lawyer can help you hold the responsible parties accountable and recover damages. If you are in Scottsdale, AZ, and you or a loved one has sustained injuries in a roadside construction accident, we are here to help. Contact our Scottsdale road construction zone accident attorney at Huselid & Huselid Law for a free consultation. We’ll review your case, explain your legal options, and help you get the compensation you need and deserve.