Orange Barrel Season: Navigating Liability in Michigan Highway Work Zone Crashes

As we head into late spring and summer, the "Orange Barrel Season" is in full swing. Whether it is the seemingly endless revamps on I-75 through Taylor and Southgate, or lane closures on Telegraph Road, navigating these work zones is a daily frustration.

But beyond the delays, these areas are incredibly dangerous. Narrowed lanes, sudden speed limit drops, heavy machinery, and shifting traffic patterns create a perfect storm for catastrophic accidents.

When a severe crash happens in a construction zone, figuring out who is at fault is rarely straightforward. In my 30 years of litigating complex auto accidents in Wayne County, I have seen insurance companies point fingers in every direction to avoid paying. Here is what you need to know about navigating liability if you are injured in a Michigan work zone.

Scenario 1: The Distracted Driver

The most common cause of work zone crashes is simple, preventable negligence by other drivers.

When you enter a construction zone, traffic often comes to a sudden, grinding halt. If the driver behind you is looking down at their phone, adjusting their radio, or simply tailgating, a violent rear-end collision is inevitable.

In Michigan, fines for moving violations are doubled in work zones. While the police will handle the traffic citation, our job at Downriver Injury & Auto Law is to handle your civil claim. We secure the police report, pull cell phone records, and download black box data to prove the other driver failed to maintain a safe distance or was distracted, forcing their insurance to pay for your pain, suffering, and lost quality of life.

Scenario 2: The Negligent Construction Contractor

Here is where the law gets highly complex. What if the crash wasn't caused by another driver, but by the work zone itself?

Private construction companies contracted by MDOT or Wayne County must adhere to strict state and federal safety guidelines regarding traffic control. If they cut corners to save time or money, they can be held directly liable for your injuries.

We aggressively investigate third-party contractor liability in cases involving:

• Confusing or Missing Signage: Failing to provide adequate warning of a lane closure or a sudden drop-off.

• Conflicting Pavement Markings: Leaving old, white lane lines visible alongside new, temporary orange lines, causing drivers to sideswipe each other.

• Improperly Placed Barrels: Placing barricades too far into the active lane of travel.

• Debris and Equipment: Leaving heavy machinery, loose gravel, or construction debris in the roadway.

Proving a contractor was at fault requires an attorney who knows how to subpoena the original Traffic Control Plans approved by the state and compare them to exactly how the zone was set up on the day of your crash. If they deviated from the safety blueprint, we hold them accountable.

Scenario 3: Protecting the Workers

We cannot discuss work zones without mentioning the men and women in the hard hats. Construction workers are the most vulnerable people on the road.

If you are a road worker who is struck by a negligent driver, you are generally entitled to Workers’ Compensation through your employer to cover your medical bills and lost wages. However, Workers' Comp does not pay for pain and suffering.

To maximize your recovery, we file a Third-Party Lawsuit against the distracted or speeding driver who hit you. This allows you to secure the full financial compensation you deserve for the trauma you endured, well beyond what Workers' Comp provides.

The Evidence Will Be Paved Over

Construction zones are temporary by nature. The layout of the barrels, the signage, and the skid marks change daily, and sometimes hourly.

If you wait weeks to contact a lawyer, the specific road conditions that caused your crash will literally be paved over and gone forever.

At Downriver Injury & Auto Law, we act immediately. We send investigators to photograph the work zone layout, secure dashcam footage from commercial trucks, and lock down witness statements before the site changes.

If you or a loved one has been injured in a highway construction zone anywhere in Downriver, do not let an insurance company or a negligent contractor brush you off. Call us today for a free consultation. We know how to navigate the legal maze of orange barrels, and we know how to win.

Downriver Injury & Auto Law Elite legal representation, right here in Downriver.