Can You Sue a Construction Company for a Car Wreck in a Freeway Work Zone?

 Posted on June 04, 2026 in Car Accidents

A construction company has a legal duty to set up and run a work zone safely, even in complicated conditions like a freeway. If you were in a car accident that was fully or partially caused by an unsafe freeway work zone, the operating construction company may be liable. A Schertz, TX car accident attorney can review your case and help establish who is responsible.

When Is a Construction Company Liable for a Work Zone Accident in Texas?

According to the Texas Department of Transportation, there were more than 28,000 traffic crashes in Texas work zones last year. The majority of fatalities from these wrecks were the occupants of vehicles.

Drivers are responsible for taking care in work zones. However, construction companies are equally responsible for maintaining the safest environment possible. Companies that work on freeways have to follow detailed state and federal rules on how a work zone is marked and managed.

Some common forms of negligence in a work zone include:

• Missing, confusing, or poorly placed warning signs

• Failing to give drivers enough notice before a lane closure

• Leaving equipment, materials, or debris in travel lanes

• Inadequate lighting or barriers at night

• Abrupt or poorly marked lane shifts

These and other failures may lead to conditions that even the most careful driver cannot manage safely.

Who Else Can Be Responsible for a Work Zone Wreck on a Texas Freeway?

Beyond the construction company itself, liable parties may include subcontractors, the engineering or traffic-control firms that designed the work zone, and other drivers who were speeding or distracted at the time.

Government entities can also play a role. Suing a public agency in Texas is complicated, though. Claims against the state or a city fall under the Texas Tort Claims Act. This Act limits when and how you can sue a government body and caps the damages you can recover. It’s still worth speaking to an attorney about whether you have a viable case against the government. Remember that these kinds of claims often have shorter deadlines than normal suits.

How Do You Prove a Construction Company is Liable for a Construction Zone Accident?

For construction zone accidents, you must prove that the construction company failed to act responsibly and that this failure led to your injuries. Evidence of the accident is important in establishing that the company acted negligently.

Witnesses of the crash are very valuable, as is photo or video footage of the wreck and the surrounding area. Other helpful evidence can include the official crash report, the company's traffic-control plan, and inspection records. If needed, an attorney can send a preservation letter to keep the company from discarding records.

The landscape of construction zones often changes daily. This makes getting time-sensitive evidence, such as photos of the scene, very important.

How Long Do You Have to File a Construction Zone Accident Claim in Texas?

In most Texas injury civil cases, you have two years from the date of the crash to file a lawsuit (Texas Civil Practice and Remedies Code § 16.003). If you are suing a government entity, though, you must generally give it notice of your formal claim within six months or less of the accident. Specific time limits depend on the entity involved.

Work zone crashes may well involve both private companies and public agencies in 2026. If this is the case, timelines and paperwork for the separate cases can become difficult to keep track of. Speaking to a lawyer early can help you sort out what steps need to be taken and when.

Call a New Braunfels, TX Car Accident Attorney Today

Our Schertz, TX personal injury lawyers have 25 years of legal experience with car accident claims, including complex commercial vehicle and truck wrecks. We are a member of the Multi-Million Dollar Advocates Forum, having recovered millions for clients. We're aggressive with other defendants and compassionate with our clients.

Our caseload is intentionally kept low. You'll have direct, regular contact with the attorney handling your case, and you'll never be just a number here. Call The Bettersworth Law Firm at 830-606-0404 today for a free consultation.