Who’s Liable for a Construction Zone Crash in Colorado?

Road construction is a familiar frustration for Colorado drivers. Between shifting lanes, reduced speed limits, orange barrels, and unexpected closures, navigating a construction zone can feel like an obstacle course.

Most of the time, these inconveniences are necessary to keep roads safe and improve our highways. But what happens when the construction zone itself creates a dangerous situation that contributes to a crash?

The answer might involve more than just the drivers.

Construction Zones Can Be Dangerous

According to the Colorado Department of Transportation (CDOT), there were nine fatalities and 548 injuries in Colorado construction and maintenance work zones in 2025.

While distracted driving, speeding, and following too closely are common concerns, sometimes the way a construction zone is set up or maintained can contribute to a collision.

Potential hazards include:

• Confusing or missing temporary traffic signs
• Poorly marked lane shifts or sudden lane closures
• Inadequate warnings about stopped traffic
• Construction equipment or barriers placed dangerously close to travel lanes
• Debris or unsafe pavement conditions

Of course, not every construction-zone crash is the fault of a contractor or road crew. Drivers are still responsible for slowing down, paying attention, and following traffic directions.

But construction companies and other responsible parties may also have obligations to keep work zones reasonably safe.

Who’s Responsible When Road Construction Contributes to a Crash?

Imagine driving through a highway construction zone where two lanes unexpectedly merge into one. The temporary signs are missing, and the lane markings are difficult to follow.

A driver in the adjacent lane suddenly swerves into your vehicle, causing a crash.

At first glance, that driver might appear entirely responsible. But what if inadequate traffic controls contributed to the confusion?

Depending on the circumstances, an investigation might identify negligence by a construction contractor responsible for installing or maintaining traffic controls. Responsibility could potentially be shared among multiple parties.

The important question is whether someone failed to take reasonable precautions and whether that failure contributed to the crash.

Can You Sue CDOT or Another Government Agency?

Possibly, but these claims can be particularly complicated.

Colorado’s Governmental Immunity Act generally protects public entities from certain lawsuits, although exceptions exist for some dangerous roadway conditions.

Not every hazardous road condition qualifies. For example, claims involving roadway design decisions are treated differently from some claims involving dangerous conditions that develop because of inadequate maintenance.

There’s also a significant deadline to understand.

In many cases, an injured person pursuing a claim against a Colorado government entity must provide formal written notice within just 182 days of discovering the injury.

That’s much shorter than the filing deadline people commonly associate with car accident lawsuits. Missing the notice deadline can prevent a claim from moving forward.

What Should You Do After a Construction-Zone Crash?

First, get medical attention if you’re injured and report the collision to law enforcement.

If it’s safe to do so, document the scene. Photographs of temporary signs, lane markings, barriers, equipment, and road conditions may help explain what happened.

Witness information and dash cam footage can also be valuable, especially since construction zones can change quickly.

And if you suspect unsafe construction conditions contributed to the crash, consider speaking with an attorney promptly. Determining who was responsible for traffic control, and whether a government entity is involved, can require additional investigation.

The O’Sullivan Law Firm Can Help

After a construction-zone crash, the cause may not be as simple as one driver making a mistake. Dangerous road conditions, inadequate warnings, or improperly maintained traffic controls could also play a role.

At The O’Sullivan Law Firm, we look closely at the circumstances behind serious crashes and help injured Coloradans understand their legal options.

We work directly with our clients, provide personalized attention, and take the time to understand what happened.

If you’ve been injured in a Colorado car crash, contact The O’Sullivan Law Firm for a free consultation.