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

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.

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

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.

Proving Your Highway and Road Construction Accident Case

To win a personal injury case involving a construction accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Highway and Road Construction Accident Cases

Victims of a construction accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Highway and Road Construction Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. 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). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 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.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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

Roden Law Highway and Road Construction Accident Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across 170+ verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated September 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

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.