Short answer: A crash in a Utah construction zone can involve more than one responsible party: the driver who was speeding or not paying attention, the contractor that set up the lane shift, signs and barrels, and sometimes the government agency that owns the road. Claims against a driver or a private contractor follow the usual rules. A claim against UDOT, a city or a county requires a written notice of claim within one year and runs into immunity rules that do not apply to anyone else.
Orange barrels are part of every Utah summer. Lanes narrow, shoulders disappear, traffic shifts across the median, and speeds drop suddenly. Most work-zone crashes are ordinary driver-error crashes that happen in an unusual place. Some happen because the work zone itself was set up or run badly. Figuring out which one you are dealing with shapes the whole claim.
Drivers Have Extra Duties in a Work Zone
Utah’s basic speed rule applies everywhere: no one may drive faster than is reasonable and prudent for existing conditions and hazards (Utah Code 41-6a-601(1)). The Utah Department of Transportation may set different speed limits based on highway construction, and a posted limit takes effect when the signs go up (Utah Code 41-6a-602(2) and (5)).
Two rules are specific to work zones and road crews:
- Drivers may not willfully fail to comply with the lawful direction of a flagger at a highway construction or maintenance site, and speeding in a marked construction or maintenance site where workers are present carries at least double the normal fine, if the site is clearly marked and signs warn of the doubled fine (Utah Code 41-6a-209).
- Drivers approaching a stationary highway maintenance vehicle with flashing amber lights must slow down, give as much room as practical, and, if practical and safe, move out of the adjacent lane (Utah Code 41-6a-904(3)).
A citation for one of these violations is not the same as a finding of fault in a civil case, but it tells the insurer what the officer saw. Rear-end crashes are especially common where traffic stops suddenly at a lane closure. Utah’s following-too-closely rule is covered in who is at fault in a rear-end collision.
When the Work Zone Itself Is the Problem
Work zones are supposed to follow a set standard. Utah law requires UDOT to adopt rules establishing a uniform system of traffic-control devices that correlate with, and where possible conform to, the federal Manual on Uniform Traffic Control Devices (Utah Code 41-6a-301). The manual has a full section on temporary traffic control: warning sign spacing, taper lengths for lane closures, barrels and barriers, and how flaggers should be positioned and equipped.
On most projects, the contractor sets up and maintains that traffic control under its contract with UDOT or the local agency. Problems that can point toward the contractor include:
- A lane shift with too little warning or a taper that is too short for the speed
- Missing, knocked-down or contradictory signs, including old lane lines that were never removed
- Drop-offs at the edge of the pavement, or steel plates and debris left in the travel lane
- Barrels or barriers placed so they funnel traffic into a hazard
- A flagger who was out of position, unequipped or not visible
- Signals or flaggers that sent two directions of traffic into one lane at the same time
A private contractor is not a government entity, so the governmental notice rules below do not protect it. Most claims against a contractor or another driver can be filed within four years (Utah Code 78B-2-307(4)). Still, the contractor may argue it followed the plans it was given, and those plans usually came from the government owner, which is why a claim against the agency often has to be considered from the start.
Claims Against UDOT, a City or a County
Claims against the government that owns the road are governed by the Governmental Immunity Act of Utah, and they are harder in three ways.
The one-year notice. Anyone with a claim against a governmental entity or its employee must file a written notice of claim before suing (Utah Code 63G-7-401(3)), and the claim is barred unless that notice is filed within one year after the claim arises (Utah Code 63G-7-402). The notice has content and delivery requirements; for a claim against the state, it goes to the attorney general (63G-7-401(4)).
Immunity and its exceptions. Utah waives immunity for injuries caused by a defective, unsafe or dangerous condition of a highway or road, but not for a latent dangerous or latent defective condition (Utah Code 63G-7-301(2)(h); 63G-7-201(3)). The government also stays immune for injuries arising from the exercise or performance, or failure to exercise or perform, a discretionary function, and for a failure to inspect or a negligent inspection (63G-7-201(4)(a) and (d)). Agencies commonly argue that decisions about how to design a project or stage traffic were discretionary. Whether that argument works depends on the facts, so these claims have to be built carefully.
Damages limits. Utah caps judgments against governmental entities, with limits adjusted periodically under a statutory formula (Utah Code 63G-7-604). A serious injury may exceed what the government can be made to pay, which makes identifying every other responsible party more important. More on the government side is in our post about crashes involving government vehicles.
If You Were Hurt Working in the Zone
A flagger or crew member hit by a driver usually has a workers’ compensation claim, and may also have a claim against the driver and other non-employer parties. We cover that overlap in construction site injuries in Utah.
Evidence Disappears With the Barrels
A work zone changes constantly. The lane shift you drove through may be gone next week, and with it the proof of how it was set up.
- Photograph the signs, barrels, lane lines and any drop-offs, from the direction you were traveling.
- Note the project name, contractor name and any signs showing the project number.
- Get the names of flaggers and crew members who saw the crash.
- Request the police report and ask whether any dashcam or body-worn video exists.
- Send written preservation requests to the contractor and the agency for traffic-control plans, daily logs and inspection records.
Our post on what evidence helps a car accident case covers the rest.
Talk to a Utah Car Accident Attorney
If you were hurt in a construction zone, the one-year notice deadline for a government claim is the first thing to protect. We handle these cases on a one-third contingency fee, and the firm advances case costs, which are repaid from the recovery.
Hurt in Utah? Call (801) 921-5134 or send us your case for a free consultation. No attorney fees unless we win. Hablamos Español.