Who Is Liable for Your Injuries in a Port Charlotte Construction Zone Car Accident

If you’ve driven through Port Charlotte recently, chances are you’ve encountered roadwork—whether it’s lane closures on Hillsborough boulevard, detours near Edgewater Drive, or heavy equipment stationed along El Jobean Road. As infrastructure continues to grow throughout Charlotte County, construction zones have become a common part of daily life. But with that growth comes a serious risk—construction zone accidents, which are not only more frequent but also more complex when it comes to determining liability and securing fair compensation.

At All Injuries Law Firm, we understand that being injured in a construction zone crash isn’t just disruptive—it can turn your life upside down. You may be facing serious injuries, steep medical bills, lost time at work, and confusion about who should be held responsible. That’s why it’s essential to understand your legal rights, especially when multiple parties could be at fault.

Why So Many Crashes Happen in Port Charlotte Construction Zones

Construction zones are inherently hazardous for drivers, pedestrians, and even workers. Reduced speed limits, narrowed lanes, uneven pavement, and poorly marked detours can all contribute to sudden and unexpected collisions. In Port Charlotte, ongoing development projects make these risks a daily reality for residents. Whether it's nighttime resurfacing projects, storm drainage upgrades, or commercial development along Tamiami Trail, the unpredictability of construction zones can catch even the most careful drivers off guard.

Add to this the fact that many drivers fail to adjust their behavior in these areas—speeding through zones, ignoring temporary signage, or becoming distracted by unfamiliar detours—and the danger becomes even greater. According to state data, work zone crashes often result in severe injuries, especially when heavy machinery or construction vehicles are involved.

From Rear-End Collisions to Barrier Crashes, We Handle Every Type of Construction Zone Accident

In our work representing injured clients across Port Charlotte, we’ve seen many types of construction zone accidents, including:

• Rear-end collisions, often caused by sudden stops or slow-moving traffic through a lane shift

• Sideswipe and merging accidents, especially in narrow temporary lanes

• Vehicle collisions with construction equipment or work trucks entering the roadway

• Pedestrian or cyclist injuries, often due to unclear or missing barriers and signage

• Crashes caused by debris, uneven road surfaces, or improper detour setups

Each of these situations can lead to serious injury and costly damage, but the most pressing question becomes: Who is legally responsible?

It’s Not Always the Driver— Who Else Can Be Liable for a Construction Zone Crash?

Construction zone accidents are more legally complicated than standard traffic accidents. That’s because there may be multiple parties who share responsibility. In Florida, and specifically in the Port Charlotte area, the following parties may be liable depending on the circumstances:

The At-Fault Driver
The most straightforward case is when another driver’s negligence caused the accident. If they were speeding through a work zone, tailgating, failing to yield, or distracted behind the wheel, they may be held personally liable. Florida follows a modified comparative negligence rule, meaning if that driver was 51% or more at fault, they’re responsible for your damages—and you may be entitled to full compensation for your injuries, lost wages, and other losses.

The Construction Company or Contractor
In some cases, the construction company or their subcontractors are responsible for creating unsafe conditions that lead to a crash. This could include:

• Failing to post proper warning signs
• Leaving construction debris in travel lanes
• Creating unsafe detours or abrupt lane changes without signage
• Poor lighting or lack of reflective barriers during nighttime work

If the work zone was set up improperly or failed to meet required safety standards, the company overseeing the project can and should be held accountable. Our firm has investigated many such cases in Charlotte County, often uncovering violations of Florida Department of Transportation (FDOT) regulations.

The Government or Municipality
In rare but significant cases, state or local government entities may also bear responsibility—particularly if they failed in oversight or neglected to maintain safe road conditions during or after construction. Suing a government agency in Florida involves navigating sovereign immunity laws, special notice requirements, and damage caps. That’s why it’s so important to involve a local attorney who knows how to properly investigate and preserve your rights in cases involving the County or FDOT.

Key Florida Laws That Affect Liability in Work Zone Crashes
Understanding your rights in a construction zone accident means understanding Florida’s unique laws. One key statute is Florida Statute § 337.195, which limits liability for the Florida Department of Transportation (FDOT) and its contractors—unless you can show gross negligence or violations of approved safety plans.

Another important consideration is Florida’s recent shift to a two-year statute of limitations for personal injury claims. If you were injured after March 24, 2023, you now only have two years from the date of the accident to file a lawsuit. That means time is of the essence, especially when dealing with large construction companies or state agencies who will use every legal defense at their disposal.

Also, Florida’s enhanced penalties for drivers in construction zones—including double fines and criminal charges for speeding or reckless behavior—may strengthen your case if the other driver was cited at the scene.

Just Got Hit in a Construction Zone in Port Charlotte? Here’s What to Do Next

If you're involved in a work zone accident in Port Charlotte, here’s what I recommend:

Call 911 and request a police report – It’s vital to document the incident, especially if unsafe road conditions contributed to the crash.

Take photos and video at the scene – Capture vehicle damage, signage (or missing signage), lane shifts, equipment placement, and injuries.

Get medical treatment immediately – Even if injuries seem minor. You must seek care within 14 days to preserve your right to PIP benefits.

Document witnesses and workers on site – Eyewitnesses or even construction workers can provide critical testimony about unsafe conditions.

Call a local personal injury attorney – Contact All Injuries Law Firm to begin your legal case before evidence disappears or statutes expire.

Why So Many Port Charlotte Residents Trust All Injuries Law Firm After a Construction Zone Crash

As a local attorney who has served Port Charlotte and Southwest Florida for over 30 years, I know the construction zones, I know the roads, and I know the companies behind many of these projects. Our team at All Injuries Law Firm has a proven track record of investigating construction site crashes, uncovering hidden liability, and holding negligent parties accountable. We understand the local legal climate, and we don’t back down from large contractors or government entities.

We work on a contingency fee basis, meaning you pay nothing unless we win your case. And our initial consultations are always free—no pressure, just answers.

Call Us Today – Get the Justice You Deserve

If you or a loved one has been injured in a construction zone accident in Port Charlotte, don’t wait. These cases involve multiple parties, tight deadlines, and powerful insurance companies. You need a team that knows how to stand up for you—and that’s what we do best at All Injuries Law Firm.

Call us now to schedule your free case review. Let us help you recover the compensation you need to heal and move forward.