Illinois Highway Construction Accident Lawyers

Dedicated Injury Attorneys Helping Victims of Highway Construction Crashes in Naperville, St. Charles, and Throughout Illinois

Highway construction zones in Illinois present significant safety challenges, leading to thousands of crashes and numerous fatalities each year. Despite efforts to improve infrastructure and enforce safety protocols, both construction workers and motorists remain vulnerable to serious injuries from accidents. At John J. Malm & Associates, we represent injured construction workers and drivers involved in highway construction accidents.

The Prevalence of Highway Construction Accidents in Illinois

Illinois experiences thousands of work zone crashes every year. According to the Illinois Department of Transportation (IDOT), there were over 6,000 work zone crashes annually, resulting in more than 1,600 injuries. Between 2018 and 2023, Illinois saw 167 fatalities in work zone crashes, with only 7 being construction workers — the rest involved motorists or pedestrians.

According to the U.S. Bureau of Labor Statistics (BLS), 177 fatal work injuries occurred in Illinois in 2022, with 27 in the private construction sector, up from 19 the year before. Most fatal events involved transportation incidents, accounting for 42% of all workplace deaths.

Common Causes of Highway Construction Accidents

Several key factors contribute to dangerous highway construction incidents:

1. Struck-by or Caught-in-Between Incidents

These are among the most common and deadly accidents for construction workers. Heavy equipment, moving vehicles, and collapsing materials pose constant threats. OSHA reports that 1 in 4 “struck by vehicle” fatalities happen in the construction industry.

2. Speeding and Distracted Drivers

Motorists often fail to reduce speed or pay attention in designated construction work zones. Despite flashing signs and lowered speed limits, distracted driving remains a leading cause of work zone crashes and fatalities.

3. Poor Road Design

Illinois received a C- infrastructure grade from the American Society of Civil Engineers. Faulty road design, limited visibility, and insufficient signage in construction zones often increase the risk of crashes.

Common Injuries in Highway Construction Accidents

Highway construction accidents can lead to a wide range of serious injuries. Some of the most common highway construction accident injuries include:

1. Traumatic Brain Injuries (TBI)

Head trauma may result from falls, being struck by equipment, or vehicle collisions. Even with helmets, TBIs can have life-altering consequences.

2. Spinal Cord Injuries

Back and neck injuries are common due to the force of crashes or being pinned between objects, often resulting in long-term mobility issues or paralysis.

3. Fractures and Broken Bones

Construction workers and motorists alike may suffer fractures from impact or crushing incidents, requiring surgery and months of rehabilitation.

4. Burns and Electrocution

Contact with live electrical lines or explosions on-site can lead to severe burns or fatal electrocutions.

5. Internal Organ Damage

Blunt-force trauma in high-speed crashes or equipment mishaps may cause internal bleeding and damage to vital organs.

6. Amputations

Heavy machinery and crushing accidents in work zones can lead to traumatic amputations, permanently altering a victim’s life and livelihood.

Legal Protections for Construction Workers

Illinois law provides several layers of protection for highway workers and accident victims:

• Scott’s Law: Also known as the Move Over Law, it requires drivers to slow down and change lanes when approaching stopped vehicles with flashing lights — including construction vehicles. Violations can result in stiff fines and even jail time.
• Workers’ Compensation: Injured workers are typically eligible for compensation covering medical bills, lost wages, and disability. However, third-party lawsuits may also be appropriate if a negligent driver or contractor is responsible.
• Negligence Claims: Non-workers injured in construction zones may file personal injury claims if a construction company, driver, or public agency failed to meet safety standards.

Safety Measures and Preventative Programs for Construction Workers

Public Education Campaigns

Illinois Tollway and IDOT run awareness campaigns, such as “Work Zones Are Temporary. Actions Behind the Wheel Can Last Forever,” to remind motorists of the dangers of speeding in work zones.

Advanced Signage and Barriers

Reflective signage, electronic speed displays, and physical barriers help alert drivers and protect workers.

Worker Training

Safety programs and PPE (personal protective equipment) requirements are critical to minimizing the severity of on-site injuries.

What to Do If You’ve Been Injured in a Highway Construction Accident

Whether you’re a construction worker or a motorist, being involved in a highway construction accident can be overwhelming. Taking the right steps immediately after the incident is essential to protect your health, your rights, and any future legal claim you may file.

1. Seek Immediate Medical Attention

Even if your injuries seem minor, get evaluated by a medical professional right away. Some injuries—like internal bleeding or concussions—may not present symptoms immediately. Medical records will also be vital if you pursue a legal claim.

2. Call 911 and Report the Accident

Ensure the accident is officially documented. Local law enforcement can investigate the scene and file a police report, which will serve as important evidence for insurance and legal purposes.

3. Document the Scene

Take photos or videos of the accident scene, including:

• Vehicle damage
• Construction equipment or materials
• Construction signage or lack thereof
• Road conditions
• Any visible injuries

Also, try to get names and contact information for any witnesses to the accident.

4. Report the Incident to Your Employer (If You’re a Worker)

If you are a highway worker injured on the job, notify your supervisor or employer immediately. Failing to report an injury in a timely manner can affect your eligibility for workers’ compensation benefits.

5. Avoid Speaking with Insurance Adjusters Without Legal Advice

Insurance companies may reach out quickly to gather information or offer a settlement. Do not provide recorded statements or accept compensation without first consulting an attorney. Their goal is often to minimize the payout.

6. Consult an Illinois Construction Accident Injury Attorney

An experienced Illinois personal injury lawyer can:

• Help you understand your legal rights
• Identify liable parties
• Handle insurance claims and paperwork
• Pursue compensation for medical bills, lost wages, and pain and suffering

Frequently Asked Questions (FAQ) about Highway Construction Accidents in Illinois

Q: Who is liable for a highway construction accident in Illinois?

A: Liability may fall on multiple parties, including negligent drivers, construction contractors, subcontractors, or government agencies. An investigation into the cause of the crash will determine who is responsible.

Q: Can I sue if I was injured in a work zone crash as a driver?

A: Yes. If your accident was caused by poorly marked zones, unsafe road conditions, or negligence from a construction crew or another driver, you may be able to pursue a personal injury claim.

Q: What should I do immediately after a highway construction accident?

A: Seek medical attention first. Then, document the scene with photos, collect witness information, and contact an experienced construction accident attorney. Report the incident to the appropriate employer and law enforcement agency.

Q: Are highway workers eligible for workers’ compensation if injured on the job?

A: Yes. Illinois workers’ compensation covers medical expenses, lost wages, and disability benefits for construction workers hurt in the line of duty.

Q: How long do I have to file a lawsuit after a highway construction accident in Illinois?

A: Typically, the statute of limitations for personal injury claims in Illinois is two years from the date of the accident. For workers’ compensation, claims must be filed within three years or two years from the last compensation payment, whichever is later.

Contact the Award-Winning Illinois Highway Construction Accident Lawyers at John J. Malm & Associates

Highway construction accidents in Illinois pose serious risks to workers, drivers, and pedestrians alike. Despite ongoing safety campaigns and legal protections, injuries and fatalities remain a persistent issue. Understanding the causes, common injuries, and legal remedies available is crucial for anyone impacted by these accidents. If you or a loved one has been injured in a highway construction zone, contact John J. Malm & Associates for a free consultation. Our top-rated Illinois roadway construction accident attorneys can help you get the compensation you deserve.