While not as certain as death and taxes, car accidents are a reality of daily life, especially in major metropolitan areas like New Orleans. NOLA residents have to contend not only with the normal daily commute and heavy traffic from being a major trucking and shipping hub. Drivers also face accidents related to construction zones around the region.
Construction zones on the I-10 and I-610 freeways are some of Louisiana’s most dangerous spots for drivers. Accidents in work zones can also be complicated because multiple parties may be involved.
Work zone accidents aren’t just about the cars or vehicles directly involved in the accident. It’s also the construction crew, the company performing the roadwork, and government agencies and departments such as the Louisiana Department of Transportation and Development (DOTD).
In the case of a lawsuit, this may mean multiple defendants.
If you were involved in a construction work zone accident in the New Orleans area or elsewhere in Louisiana, determining your next steps can be overwhelming. The team at Smiley Law Firm is ready to assist you, including explaining your options. For a free consultation with a New Orleans construction zone accident lawyer, call (504) 822-2222 or reach out for a free consultation.
By the Numbers: Stats on Accidents in NOLA
The National Highway Traffic Safety Administration (NHTSA) reported that Orleans Parish had sixty fatalities due to traffic accidents in both 2023 and 2024. Statewide, Louisiana had 752 traffic fatalities in 2024, a seven percent decrease from 2023.
On a per capita basis, Louisiana ranked in the top ten of most fatalities per 100,000 residents.
- In 2023, the state averaged 17.7 traffic fatalities per 100,000 people. This made it the tenth most dangerous state for drivers.
- In 2024, the good news was that the state’s per capita fatality rate dropped to 16.4. The bad news was that the state rose to being the ninth most dangerous.
Focusing on work zones, nationwide statistics on traffic fatalities found that:
- In 2024, an estimated 763 accidents in work zones resulted in a fatality, with 850 people killed, the majority of whom were either drivers or passengers.
- An additional 41,000 people were injured in work zone accidents.
- Between 2022 and 2024, about one in four work zone accidents involving a fatality occurred on the interstate.
- Approximately 20 percent of work zone fatalities involve rear-end collisions.
- More than 10 percent of accidents related to driver distraction.
Louisiana averaged 13 fatal work zone accidents between 2020 and 2024.
Beyond the human cost, these accidents are also expensive. These accidents are estimated to cost $41 billion a year and cause over 470 million hours in vehicle delays.
What are common types of work zone accidents?
Accidents can happen for many reasons. Speeding and reckless driving. Bad weather. Distracted driving (and Louisiana now has hands-free laws for drivers). Unsafe roads. This can translate into rear-end collisions, sideswipe accidents, and even rollovers.
Accidents in work zones can involve all of these possibilities, as well as others. Lack of proper signage. Poor barrier placement. Lack of lighting, especially when crews are working at night.
There’s no single way to establish liability. Each case is different, and building a case that reflects your specific situation is important.
All of the following could be grounds for a lawsuit:
- A driver gets into an accident because of a lack of proper signage around a construction site.
- Another driver gets into an accident because the crew left debris on the roadway.
- A third driver suffers injuries because of improperly stored construction equipment.
- A fourth driver was looking down at her phone when she got into the accident.
These are all common causes of accidents, but they all require a different approach and evidence.
Untangling the hows and whys that led up to an accident can be challenging. This is one reason why evidence is so important: it can help establish the story and also the reasons that led to the accident.
Who is liable in a Louisiana work zone accident?
This is one of the key questions in any case involving a work zone accident. It’s not simply determining which driver was at fault. Multiple moments or events may have contributed to the accident.
Any of the following could potentially be liable:
- The construction company
- The general contractor
- DOTD
- A driver
- A pedestrian
- A worker at the construction site
The key is to determine who is most liable.
What’s the role of DOTD?
The DOTD’s general rule is to maintain the state’s roads and bridges.
For construction sites, one of their responsibilities is making sure that each site has proper signage.
How Do I Sue a Government Entity in Louisiana?
Individuals may file a lawsuit against Louisiana or any state agency or department. Individuals may bring suit under the Louisiana Governmental Claims Act.
Here are some key points for suing a Louisiana government department.
- Individuals must meet all deadlines.
- Missing deadlines may result in you being barred from continuing to miss the lawsuit.
- File with the correct government agency. While the potentially liable government department is often DOTD, don’t assume it automatically is.
- DOTD has multiple districts, and individuals should make sure they’re filing in the correct district. Orleans Parish, for example, is District 2.
- File notice of the claim.
- No jury trials when the defendant is a Louisiana government office.
- The exception is if the government agency, such as DOTD, waives that requirement.
- Lawsuits must be filed in Louisiana state courts.
- The law puts a $500,000 cap on damages.
What evidence is unique to work zone crashes?
Accidents that occur in work zones often require evidence that differs or is in addition to “standard” evidence for car accidents. Cell phone logs, photographs of the involved vehicles: All of these are still likely to be used.
In addition to that evidence, work zone accidents may also include:
- Zone layout plans
- Contractor safety records
- Information on details such as missing, incorrect, or damaged traffic control devices
- Whether there were any previous safety concerns or accidents involving this crash site
Whether the construction crew followed industry safety standards can also be relevant.
What are the current major interstate construction projects in New Orleans (2025–2026)?
The DOTD publishes updates to inform drivers and residents of upcoming road projects. Louisiana is in the midst of several improvement projects in addition to the typical minor projects that help maintain the roads.
The Calcasieu River Bridge Replacement Project is a public-private partnership to replace a bridge that predates I-10.
Orleans Parish is in the midst of an improvement project for I-610. This resulted in a full road closure of the interstate in May 2026.
Outside of NOLA, Baton Rouge is in the midst of a multi-year project designed to widen the interstate. Started in 2023 and originally expected to be finished in 2028, the project now has a 2031 completion date as of Summer 2026.
Damaging weather and other incidents may also give rise to unexpected or emergency road repairs. That a work zone wasn’t planned months in advance doesn’t reduce potential liability.
FAQ: Common Questions about Construction Zone Accidents
Who is liable for a construction zone accident in Louisiana?
Multiple parties may be liable for a construction zone accident. Who is liable ultimately comes down to the details surrounding the accident.
Your attorney can work with you to determine who is potentially liable for your accident, but the following are often the responsible party:
- Any driver
- Note: This may include a driver who wasn’t directly involved in the accident but caused it.
- The contractor
- The construction company
- DOTD
As I-10 construction accident attorneys in Louisiana, our team can help you gather evidence and build a case that establishes clear liability.
Can I sue the construction company if their zone layout caused my crash?
Drivers can sue construction companies for a work zone accident. What matters is having the evidence that establishes their liability. This may be done by showing they failed to meet industry standards or didn’t properly review a zone layout.
It’s not enough to simply say “I blame them for my accident.” You must have evidence that shows their liability.
What are the rules for suing DOTD in Louisiana?
Individuals who wish to file a lawsuit against DOTD must meet to discuss the Louisiana Governmental Claims Act. The act requires that individuals first file a claim.
Are construction zone fines doubled in Louisiana?
In 2025, several new laws went into effect in Louisiana with the goal of improving traffic safety. One of these laws shifted how the state assesses fines in work zones. Instead of doubling the fine, work zone fines must now be between $500 and $2000.
What evidence matters in a highway work zone accident?
Your lawyer can help you determine the best evidence for your specific case. Part of building a strong case isn’t to include every piece of evidence but the best pieces that support your claim.
The nature of work zone accidents, however, does often require certain types of evidence. These can include:
- Zone layout plans
- Maps
- Photos of the accident site
- Contractor safety records
- The presence (or absence) of signs, traffic cones, and other tools and devices
- Whether there were any previous safety concerns or accidents involving this crash site
What is comparative fault, and what does the 2026 change in Louisiana’s law mean for my car accident?
Beginning January 1, 2026, Louisiana began using the comparative fault model for determining liability and damages. What this shift means is that, if you’re found to be even 52 percent liable for an accident, you’ll be unable to collect any damages.
Any accident that occurs after January 1, 2026 will fall under this new rule. Any accident that occurred before that date, even if a lawsuit is filed after January 1, 2026, will use Louisiana’s previous law. Under the old law, a driver could recover even if they were 95 percent at fault.
How long do I have to file a claim after the accident?
Louisiana’s general rule is that individuals must file a lawsuit within one or two years of the accident. Which deadline applies depends on the specifics of your case.
Hire an Advocate
Being in a car accident is stressful. The aftermath can also be time-consuming, from receiving medical treatment because of injuries to navigating car repairs or even purchasing a vehicle.
Accidents that occur in work zones can be even more challenging. They often involve multiple parties, which means different needs for evidence and strategy as a way to build a stronger case. Interstates such as the I-10 and I-610 are a frequent site of accidents.
Our team is ready and able to be your advocate. We can help you navigate this process while protecting your rights.
You don’t have to go it alone. Schedule a free consultation with the Louisiana personal injury attorneys at Smiley Law Firm by calling (504) 822-2222 or visit our website for a free work zone accident consultation.