Construction zone accidents in Miami are governed by Florida traffic laws requiring reduced speeds, increased penalties for violations, and heightened duties of care around work zones.
The laws that apply to construction zone accidents in Miami mandate drivers to use due care when approaching construction areas and give workers the right-of-way.
Violators of the law may face enhanced penalties, including doubled fines and potential license suspension for accidents causing injury or death. A knowledgeable Miami car accident lawyer can help you understand how construction zone laws apply to your accident.
Florida Construction Zone Traffic Laws
Florida has comprehensive laws governing driver behavior in construction zones that create enhanced penalties and safety requirements. There is a web of rules that apply, but Florida Statute 316.0775 is the primary construction zone law.
It requires drivers to exercise due care when approaching or passing through work zones with workers present. Traffic violations in construction zones carry doubled fines and potential license suspension for accidents resulting in injury or death to workers or motorists.
Drivers must reduce speeds to posted construction zone limits, typically 10–15 mph below normal speed limits, depending on work zone conditions. This reduction in speed, plus following all of the guidance signs and barriers in a work zone, keeps drivers and workers safe.
What Does the Law State?
Put simply, it gives the right of way to pedestrian workers and flagpersons who are engaged in work. It also provides the right-of-way to escort vehicles for oversized vehicle loads.
Violation of the law is considered a noncriminal traffic infraction. However, in an accident, additional laws may apply with worse penalties.
Temporary Traffic Control Laws
Construction zones use temporary traffic control devices that carry the same legal force as permanent traffic signals and signs.Traffic control flaggers have legal authority equivalent to police officers for directing traffic through construction zones.
Temporary traffic lights, stop signs, and yield signs must be obeyed with the same legal requirements as permanent installations. Drivers must merge safely when construction zones reduce available lanes and cannot force entry into closed areas.
Liability for Construction Zone Accidents
Multiple parties may bear liability for construction zone accidents depending on the specific circumstances and contributing factors. Motorists who violate construction zone traffic laws, drive recklessly, or fail to exercise due care face liability for resulting accidents.
However, contractors must also maintain safe work zones with proper signage, barriers, and traffic control measures as required by law. Agencies overseeing construction projects also have duties to ensure adequate safety measures and appropriate traffic control implementation.
Construction companies working on Miami roads must comply with federal and state safety regulations governing work zone establishment and maintenance. Federal and state standards require specific signage, barriers, and traffic control measures for construction zones.
Enhanced Penalties and Violations Under Construction Zone Accident Laws in Miami
Florida law imposes severe penalties for traffic violations occurring in construction zones, particularly when workers are present. All traffic fines are doubled for violations occurring in construction zones where workers are present or lanes are closed.
Accidents causing injury or death in construction zones can result in license suspension regardless of other penalties imposed. Serious construction zone accidents may result in criminal charges, including vehicular homicide or reckless driving.
Speed Limit Enforcement
Construction zones often have reduced speed limits that are strictly enforced with enhanced penalties for violations. Posted construction zone speed limits have full legal force and must be obeyed regardless of normal speed limits.
Some construction zones use automated enforcement or increased police presence to ensure speed compliance.Exceeding construction zone speed limits creates a presumption of negligence in accident cases.
Insurance Coverage in Construction Zones
Construction zone accidents may involve multiple insurance policies and coverage sources depending on the parties involved. Construction companies typically carry commercial general liability and auto liability coverage for work zone accidents.
Municipal and state agencies may have insurance or self-insurance for construction project oversight liability. Engineers and designers may carry professional liability coverage for defective work zone design claims.
Evidence Preservation in Work Zones
Construction zone accidents require immediate evidence preservation due to rapidly changing work zone conditions.
Work Zone Configuration Documentation
Photograph and document the exact work zone layout, signage placement, and traffic control measures immediately after accidents.
Construction Records
Obtain construction plans, traffic control plans, inspection records, and worker safety documentation from contractors and government agencies.
Video Surveillance
Many construction zones have surveillance cameras that may capture accident sequences, but footage may be automatically deleted if a lawyer does not preserve it.
Get Legal Help with Construction Zone Accidents
At Anidjar & Levine, we understand the complex laws governing construction zone accidents and have experience pursuing claims against contractors, government entities, and negligent drivers. Our legal team knows how to investigate work zone safety violations and identify all potentially liable parties.
Contact us immediately after your construction zone accident for a free consultation about your legal rights and options under Florida construction zone laws.
We’ll investigate all applicable safety violations, work with experts to establish liability, and fight to ensure you receive maximum compensation from all responsible parties.
We Can Help.
