Who is responsible for a crash in a construction zone in Texas?

Why work zones are their own kind of crash

Work zones squeeze traffic into narrow lanes, shift it onto new pavement and stop it without warning. TxDOT reports that in 2025 there were more than 28,000 crashes in Texas work zones and 203 people died, seven of them roadside workers. Most of the people killed were drivers and passengers, not workers, and rear-end crashes are the most common kind.

Houston lives with this every day. TxDOT's I-45 North Houston Highway Improvement Project is rebuilding the downtown freeway loop, including portions of I-10, I-45, I-69 and SH 288; TxDOT lists the rebuilding of the I-69 main lanes between SH 288 and I-45 as starting in January 2025. Work zones like these change from week to week, which matters for evidence, as explained below.

Is the other driver at fault?

Most of the time, the claim starts with the driver who hit you. Texas law treats work zones seriously:

• Doubled fines. Under Transportation Code § 542.404, the minimum and maximum fines for most traffic offenses double in a construction or maintenance work zone when workers are present and the citation says so. For speeding, it applies only if the zone has a posted speed limit sign.
• Signs and barricades. Under § 472.022, it is an offense to disobey work-zone warning signs, signals, markings or flaggers, or to drive around a barricade.
• Move over or slow down. Under § 545.157, drivers approaching a stopped TxDOT vehicle or highway construction or maintenance vehicle with its lights on, when no barrels or other channelizing devices separate it from traffic, must move out of the nearest lane or slow to 20 mph below the speed limit (5 mph when the limit is under 25).

A citation is not the final word on fault, but a driver who was following too closely in a lane shift, speeding past a "fines double" sign or looking at a phone is the first place we look. If you were hit from behind, read I was rear-ended; if the crash happened where lanes merge, see lane change and merging crashes. If several cars were involved, see freeway pileups.

When is the construction company responsible?

Contractors don't decide on their own where the barrels go. Each project has a traffic control plan, and Texas follows the Texas Manual on Uniform Traffic Control Devices, whose Part 6 covers temporary traffic control. The 2025 edition has been in effect since January 18, 2026. A contractor can share the blame when the setup it built causes the crash: a missing "lane closed" or "road work ahead" sign, a lane shift with no warning, confusing old stripes left on the pavement, barrels knocked over and never reset, a pavement drop-off with no protection, or signals installed but not working.

There is a defense you should know about. Under Civil Practice and Remedies Code § 97.002, a contractor that builds or repairs a road for TxDOT is not liable if, at the time of the crash, it was in compliance with the contract documents material to the condition that caused it. In December 2025, in Third Coast Services v. Castaneda, the Texas Supreme Court held that the contractor does not need a contract directly with TxDOT for this defense, as long as the work is for TxDOT, such as frontage roads TxDOT will maintain. But the Court also said that compliance is a fact question the contractor has to prove. That makes the plan, the inspection records and what was actually on the road that day the heart of the case.

Can I make a claim against TxDOT or the city?

Sometimes, with limits. The Texas Tort Claims Act (CPRC chapter 101) allows certain claims against government units, but:

• For an ordinary road defect, the government owes only the low duty owed to a licensee, under § 101.022(a). That lower standard does not apply to the duty to warn of special defects, such as excavations or obstructions on highways (§ 101.022(b)).
• Under § 101.060, the government generally is not liable for a missing or broken sign or signal unless it failed to fix it within a reasonable time after notice, or for its discretionary choice not to put one up in the first place. Those limits do not apply to the duty to warn of special defects.
• If a government employee driving a government vehicle caused the crash, the motor-vehicle waiver in § 101.021 can apply.
• Recovery is capped: for the state, $250,000 per person and $500,000 per occurrence (§ 101.023).
• Notice is due within six months (§ 101.101), and the City of Houston requires sworn written notice within 90 days.

What should I photograph?

Work zones change overnight. Barrels move, signs come down and lanes get restriped, sometimes within days. If you can do it safely, or a family member can go back right away, take photos and video of:

• every sign before the crash spot, in the direction you were driving, and how far apart they were;
• barrels, cones and barriers, including any knocked over or out of place;
• lane lines, old stripes, lane shifts, drop-offs and pavement edges;
• the contractor's name on equipment or signs, and any project sign with a number;
• whether workers or work vehicles were present, and whether their lights were on.

Never stand in a live lane to take a picture. Once you hire us, we request the traffic control plan, the project's daily records and the crash report, and send preservation letters to the contractor and the agency.

Who pays my bills while this is sorted out?

Work-zone cases often involve several insurers pointing at each other. Your own PIP coverage can start paying medical bills and part of lost wages regardless of fault, and the claims against the driver, the contractor and any government unit can run at the same time. You generally have two years to sue a driver or contractor, but the government deadlines are much shorter, so don't wait. From the first call, we deal with every insurer, contractor and agency. You talk with Jimmy directly, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Do fines really double in Texas construction zones?

Yes, when workers are present and the citation says so (Transp. Code § 542.404). For speeding, the zone must also have a posted speed limit sign.

Can I sue the construction company for my crash?

Yes, if its traffic control caused or contributed to the crash, such as missing warning signs, an unmarked lane shift or a dangerous drop-off. A contractor working for TxDOT can defend itself by proving it complied with its contract documents.

Can I sue TxDOT for a crash in a work zone?

Sometimes, under the Texas Tort Claims Act, but with limits on duty, caps on damages, and a notice deadline of six months. Missing signs usually require proof the state didn't fix them after notice, unless it was a special defect like an excavation or obstruction.

What is the move-over law for TxDOT trucks?

When a TxDOT or highway work vehicle is stopped with its lights on and not separated from traffic by barrels or other devices, you must move out of the nearest lane or slow to 20 mph below the limit (Transp. Code § 545.157).

Who is at fault if I was rear-ended in a work zone?

Usually the driver who hit you, who had to keep a safe distance in a zone where sudden stops are expected. A contractor may share fault if its setup caused the sudden stop.

The signs are gone now. Can I still prove what was there?

Often, yes, through photos, the traffic control plan, the project's daily records, the police report and dash or phone video. That is why we request them early.

Is a city road project different?

Yes. The § 97.002 contractor defense covers work for TxDOT. Claims against a city have their own deadlines, such as 90 days for written notice to the City of Houston.

Authority: TxDOT: Work zone safety (2025 crash data) · Tex. Transp. Code § 542.404 (fines doubled in work zones) · Tex. Transp. Code § 545.157 (move over or slow down) · Tex. Civ. Prac. & Rem. Code § 97.002 (road contractors) · Third Coast Services v. Castaneda, No. 23-0848 (Tex. Dec. 12, 2025) · Tex. Civ. Prac. & Rem. Code ch. 101 (Tort Claims Act) · TxDOT: Texas MUTCD