What Is a Construction Accident Case?

Injured in a highway or road construction zone accident in Georgia or South Carolina? Our attorneys handle claims for workers struck by vehicles and motorists injured in construction zone crashes.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a construction accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Highway & Road Construction Accident Claims

Highway and road construction zones are among the most dangerous work environments in the nation. The Federal Highway Administration (FHWA) reports that hundreds of workers and motorists are killed in work zone crashes each year, with thousands more suffering serious injuries. Construction zone workers face the constant threat of being struck by vehicles traveling at high speeds, while motorists encounter confusing traffic patterns, reduced lanes, uneven pavement, and inadequate signage that contribute to crashes.

At Roden Law, our highway construction accident attorneys represent both injured workers and motorists throughout Georgia and South Carolina. Whether you are a construction worker struck by a passing vehicle or a driver injured due to inadequate work zone safety, we pursue full compensation from all responsible parties.

Georgia & South Carolina Work Zone Laws

Both states have enacted enhanced penalties for traffic violations in construction zones to protect workers and motorists:

  • Georgia: O.C.G.A. § 40-6-188 doubles fines for speeding in active work zones when workers are present. Georgia law also authorizes enhanced penalties for reckless driving in construction zones.
  • South Carolina: S.C. Code § 56-5-1535 imposes enhanced penalties for speeding in highway work zones, including doubled fines and potential license suspension for repeat offenses.

Violations of these laws constitute evidence of negligence per se in personal injury claims — meaning the violator is automatically considered negligent.

Common Causes of Work Zone Accidents

Highway construction zone accidents result from a combination of driver behavior and contractor negligence:

  • Speeding through work zones: Motorists exceeding reduced speed limits, the most common cause of fatal work zone crashes
  • Distracted driving: Cell phone use, GPS adjustments, and driver inattention in complex construction zone traffic patterns
  • Inadequate traffic control: Missing or confusing signs, inadequate lane markings, and insufficient advance warning
  • Impaired driving: Alcohol and drug impairment worsened by unfamiliar road conditions
  • Rear-end collisions: Sudden stops in congested work zones causing chain-reaction crashes
  • Heavy equipment conflicts: Construction equipment entering and exiting active traffic lanes
  • Night work hazards: Poor visibility, glare from equipment, and driver drowsiness during nighttime construction

Injuries in Highway Construction Accidents

The combination of vehicle speeds and exposed workers produces severe injuries including traumatic brain injuries, spinal cord injuries and paralysis, crush injuries from being pinned between vehicles and equipment, multiple bone fractures, amputations, burn injuries from vehicle fires, and wrongful death. Workers who are struck by vehicles while on foot suffer particularly devastating injuries due to the complete lack of protection.

Pursuing a Work Zone Accident Claim

Liability in highway construction accidents may rest with negligent motorists who violated work zone traffic laws, construction contractors who failed to implement adequate traffic control plans, government agencies (GDOT, SCDOT) responsible for work zone design and oversight, subcontractors responsible for signage, flagging, and traffic control, and truck drivers and trucking companies operating in work zones. Georgia’s comparative fault rule (O.C.G.A. § 51-12-33) allows recovery if less than 50% at fault. South Carolina allows recovery if less than 51% at fault. Workers may also pursue workers’ compensation in addition to third-party claims. Our attorneys investigate crash reports, work zone plans, traffic control logs, and video evidence to build compelling cases. Contact Roden Law for a free consultation — no fee unless we win.

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What to Do After a Construction Accident

  1. Get medical attention and report the injury to your employer. Report it in writing and keep a copy. Workers' compensation notice deadlines are short and separate from anything else here.
  2. Know that serious incidents must be reported to OSHA. An employer must report a work-related fatality within 8 hours, and an in-patient hospitalization, amputation, or loss of an eye within 24 hours (29 CFR 1904.39). If that does not happen, the report can be made directly.
  3. Photograph the site before it changes. Scaffolding, ladders, guardrails, trench shoring, fall protection, and the equipment involved. Sites are corrected and rebuilt within hours of an injury.
  4. Write down every company on that site. General contractor, subcontractors, equipment owners, and delivery firms. This is the most valuable ten minutes you will spend — a claim against a company other than your employer can recover damages workers' compensation never pays.
  5. Get witness names and phone numbers, not just first names. Crews move between sites and subcontractors finish and leave. A first name and "he worked for the framing crew" is not enough to find someone later.
  6. Preserve the equipment involved. Ask in writing that the ladder, lift, saw, or harness be kept and not returned to service or to the rental company.
  7. Do not give a recorded statement to any insurer. Several carriers may contact you, and none of them work for you. Workers' compensation and a third-party claim can run in parallel — Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Construction Accident Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Highway and Road Construction Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.