Construction Season Isn’t Over: Road Work Zone Crashes & Your No-Fault Rights

Michigan’s Never-Ending “Construction Season”

In Metro Detroit, orange barrels don’t disappear when summer ends. As anyone who drives I-75, I-696, or Woodward Avenue knows, construction season in Michigan often stretches well into the fall. Thanks to mild autumn weather and long-term infrastructure projects, work zones can remain active through October and even November, meaning drivers must stay alert long after the summer traffic cones should be gone.

But with extended roadwork comes extended risk. Narrowed lanes, sudden lane shifts, and confusing detours challenge even the most cautious driver. Add early sunsets, slick leaves, and distracted motorists, and it’s easy to see why work zone crashes increase during Michigan’s “second construction season.”

If you’re injured in a construction zone accident, it’s important to know that Michigan’s No-Fault Insurance system still protects you — covering medical bills, lost wages, and household help no matter who caused the crash. However, because work zone crashes often involve contractors, government agencies, or unsafe road conditions, these cases can quickly become complex. That’s where an experienced firm like Liss, Shapero & Mitnick (LSM) can help. Our attorneys have spent decades representing Michigan drivers and families injured in construction zone and roadway negligence cases throughout Metro Detroit.

The Reality of Late-Season Construction Around Metro Detroit

If it feels like road construction never ends, that’s because it doesn’t. In recent years, the I-75 Modernization Project, I-696 resurfacing, and M-59 maintenance have continued deep into the fall. Across Oakland, Wayne, and Macomb Counties, local crews often work until the first major freeze.

These late-season projects pose unique hazards. Shorter daylight hours mean reduced visibility. Fall rain and the season’s first frost make lane markings slippery. Drivers are adjusting to school traffic and darker commutes — all while navigating shifting lanes and heavy equipment.

According to MDOT, work zone crashes in Michigan cause thousands of injuries each year, and roughly one-third happen outside the traditional summer months. This proves that the danger doesn’t end when the calendar turns to October. Whether you’re a commuter, construction worker, or weekend traveler, vigilance is crucial — and when crashes happen, understanding your legal rights matters even more.

Contractor and MDOT Duties to Keep Work Zones Safe

Michigan law requires that contractors, MDOT, and municipalities follow strict safety standards when managing work zones. These rules exist to protect both motorists and road workers. Key duties include:

• Proper signage placement to warn drivers about upcoming lane shifts and detours.
• Clear lane markings and barriers, especially at night or in wet weather.
• Safe speed limit postings and flagger control to manage traffic flow.
• Adequate lighting and visibility for nighttime construction.
• Immediate repair or marking of hazardous conditions, such as deep drop-offs, potholes, or uneven pavement.

When contractors or agencies fail to follow these standards, they can be held legally responsible for resulting crashes. Unfortunately, we often see situations where cones are misplaced, signs are obscured, or lanes shift abruptly without warning — creating confusion and chaos that can lead to serious injury.

At Liss, Shapero & Mitnick, we investigate these cases thoroughly, reviewing work zone layouts, MDOT contracts, and safety protocols to determine exactly where responsibility lies.

Common Causes of Work Zone Crashes

Even a small mistake can cause a major accident in a confined construction zone. Common causes include:

• Driver negligence, such as speeding, tailgating, or distracted driving in reduced lanes.
• Poor or missing signage, leading to sudden merges or unclear detours.
• Unsafe contractor setup, like inadequate cones, barriers, or flagger placement.
• Equipment or debris hazards, including trucks backing up or materials left on the road.
• Weather and visibility issues, especially early darkness, fog, and wet pavement during fall.

These factors often combine — a single moment of confusion or inattention can result in multi-vehicle pileups or devastating injuries to both motorists and road workers.

Understanding Your Michigan No-Fault Rights After a Work Zone Crash

If you’re injured in a Michigan construction zone crash, your No-Fault Insurance provides key benefits regardless of who was at fault. These Personal Injury Protection (PIP) benefits include:

• Medical expenses (up to your policy limit)
• Wage loss benefits, covering 85% of your income for up to three years
• Replacement services, up to $20 per day for household help
• Attendant care, if you need help with personal care or daily activities

To protect your rights, file a PIP claim with your auto insurer as soon as possible — and no later than one year from the date of the crash. If you’re an out-of-state driver, passenger, or commercial vehicle operator, coverage rules may differ, and an attorney can help clarify your specific benefits.

Beyond your No-Fault benefits, you may also have the right to bring a third-party claim against another driver, a negligent contractor, or even a government agency if unsafe road design or poor maintenance contributed to your crash.

When You May Have a Third-Party Claim

Michigan’s No-Fault Insurance system ensures you receive medical and wage benefits regardless of fault — but sometimes, that’s only part of the story. When another person or company’s negligence caused or contributed to a crash, you may also have the right to pursue a third-party claim for pain and suffering, long-term disability, or other damages not covered by PIP.

Victims of construction zone crashes may file third-party claims against:

• Another driver, for reckless or distracted driving in a construction zone.
• A construction contractor or subcontractor, if the work area was set up unsafely or failed to meet safety standards.
• MDOT or a local city or county agency, when poor planning, lack of oversight, or negligent maintenance contributed to the accident.

These claims require careful investigation and must be handled quickly. Government-related claims, for example, have strict notice deadlines — often just 120 days from the date of the incident. Missing that window can mean losing your right to compensation entirely.

To succeed in a third-party case, your attorney must prove:

1. Duty of care – The defendant had a legal responsibility to keep the roadway or work zone safe.
2. Breach – That duty was violated through negligent actions, such as improper signage, poor lighting, or unsafe lane shifts.
3. Causation – The negligence directly caused or contributed to your crash and resulting injuries.
4. Damages – You suffered measurable harm, including medical bills, wage loss, pain, emotional distress, or permanent impairment.

At Liss, Shapero & Mitnick, we take these cases personally. Our firm investigates every angle — from construction contracts to state safety records — to ensure that the people or entities responsible for your injuries are held accountable.

Key Evidence to Preserve After a Work Zone Crash

Construction zones change rapidly. Barrels move, signage shifts, and crews pack up at the end of each day. That’s why preserving evidence immediately is essential after a crash.

If you’re physically able, or with the help of someone you trust, collect as much information as possible:

• Dashcam or surveillance footage that captures traffic flow, signage, or the moments before impact.
• Photos of the scene, including barriers, warning signs, lighting, and the condition of the roadway.
• Witness statements, especially from other drivers, pedestrians, or construction workers who saw the crash happen.
• Police reports and any MDOT or contractor inspection notes that may document the site’s safety conditions.
• Vehicle data, such as speed, braking, and GPS records, which can help reconstruct what occurred.

At LSM, our legal team often partners with accident reconstruction specialists to analyze how a collision happened and whether a contractor or driver violated key safety rules. Acting quickly helps ensure critical evidence isn’t lost to time or changing conditions.

Why Construction Zone Cases Are Complex — and Why You Need an Experienced Attorney

Work zone crashes are among the most complicated cases under Michigan law. Multiple parties — drivers, contractors, subcontractors, and government agencies — may all share some responsibility, and each comes with its own set of insurance carriers, defenses, and procedural requirements.

Michigan’s Governmental Immunity Act can make suing public entities challenging, requiring precise legal filings and strict deadlines. Meanwhile, private contractors often have their own attorneys and insurance companies working hard to minimize payouts or deny responsibility.

Insurance companies may also argue that you were at fault — perhaps for speeding or failing to heed a detour sign — even when poor design or missing warnings played a role. Without experienced legal representation, it’s easy to get caught in a cycle of blame-shifting.

That’s where Liss, Shapero & Mitnick stands apart. For over 25 years, our attorneys have helped Michigan families navigate serious injury and wrongful death claims arising from roadway negligence and construction zone crashes. We know how to cut through the confusion, preserve vital evidence, and fight for full and fair compensation under Michigan law.

Your Rights Come First

Even though construction season stretches into fall, safety duties don’t end when the weather cools. Contractors, drivers, and public agencies must still protect Michigan motorists from harm — and when they don’t, injured victims deserve justice.

If you’ve been hurt in a construction or road work zone crash, don’t try to handle it alone. Early investigation and proper legal guidance can make all the difference in recovering the compensation you deserve.

At Liss, Shapero & Mitnick, we don’t just take your case — we take your story. Our dedicated team will stand beside you every step of the way, protecting your rights and helping you rebuild after a serious crash.

Injured in a Michigan road work or construction zone accident?
Liss, Shapero & Mitnick has been protecting injured drivers and families across Metro Detroit for over 25 years.
Call 248-584-1300 or toll-free 1-855-LISS-LAW (547-7529) for a free consultation.
Visit lsmlawyers.com to learn more about your Michigan No-Fault rights and how we can help.

Summary:
Michigan’s “construction season” often continues well into fall, increasing the risk of crashes caused by lane shifts, poor signage, or unsafe work zones. Even in these complex situations, Michigan’s No-Fault Insurance covers medical bills and lost wages — but additional claims may arise if a contractor or agency’s negligence contributed to the accident. Timely investigation and evidence collection are key to identifying who’s responsible. Experienced legal guidance ensures victims receive full compensation for their injuries and losses.

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Michigan Road Work Zone & Construction Crash Claims

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Injured in a Michigan work zone crash? Learn your No-Fault rights and when contractors or agencies can be held liable for unsafe road conditions.