Maryland’s highways are a gauntlet for drivers and construction crews alike. Miles of concrete barriers, shifting lanes, and heavy equipment create conditions where one wrong move can be catastrophic. The Maryland State Highway Administration reported 1,148 work-zone crashes in one year, resulting in nearly 450 injuries and nine deaths.
When high speeds collide with congested repair sites, the margin for error vanishes. So what should you actually do if you’re caught in the middle of it? Knowing how to protect your rights immediately after a crash is the single most important step toward getting proper medical care and recovering the compensation you deserve.
Lawmakers have rolled out a tiered fine structure for speeding through work zones with automated enforcement. Fines ramp up based on vehicle speed, and they double when highway workers are physically present. But hazardous driving persists. In 2023, distracted drivers caused 216 fatalities and 20,951 injuries across the state; financial penalties alone clearly aren’t solving the problem.
And when a collision does happen in a chaotic construction zone, the legal picture gets complicated fast. You’re suddenly dealing with municipal contractors, commercial insurance adjusters, and strict state laws that won’t wait for you to figure things out.
Securing Evidence in High-Risk Zones
Get Safe, Then Get Checked Out
Work zones are dangerous even after a crash. Heavy traffic passes just feet from the wreckage, and secondary accidents happen more often than most people realize. If you’re physically able, move out of active lanes immediately.
That’s not overly cautious advice. It’s a life-or-death reality. Highway worker Robert Dempsey was struck and killed while setting up cones outside his vehicle. Days later, Dipakkumar Patel lost his life under similar circumstances. Staying near moving traffic to assess vehicle damage is a gamble nobody should take.
Prompt medical evaluation isn’t optional either, no matter how minor the impact seems. Baltimore City alone reported 15,956 car crashes in 2023, with over 5,000 documented injuries. Adrenaline masks pain. Hidden traumas like internal bleeding, traumatic brain injuries, or soft tissue damage need a physician’s diagnosis to catch early.
Getting examined on the same day also creates the medical record that ties your injuries directly to the crash. Without it, holding negligent parties accountable becomes significantly harder.
Preserving the Scene
Evidence at a construction site vanishes quickly. Sweepers, tow trucks, and repair crews can alter the crash scene within minutes, and that’s not an exaggeration. The Maryland DOT recorded 222 work zone accidents in just the first few months of 2026. Scenes are constantly being cleared and lanes reopened.
You’ve got a narrow window to act. Here are the steps that matter most for building a strong claim:
- Call 911 right away so an official police report gets filed.
- Photograph construction signs, traffic cones, and heavy machinery positioning. Improper signage can shift liability entirely.
- Collect contact info from witnesses, including construction crew members and nearby motorists.
- Get emergency medical care to create a documented link between the crash and your injuries.
- Don’t give recorded statements to insurance adjusters without legal counsel present.
Figuring Out Liability in Construction Zone Crashes
Maryland’s Contributory Negligence Rule
Here’s the part that catches most people off guard. Maryland follows a strict contributory negligence rule. If you’re found even 1% at fault for the accident, you can’t recover any damages. None.
Insurance defense lawyers know this, and they exploit it aggressively. Their playbook is simple: pin even a tiny fraction of blame on you, and the entire claim disappears. That’s why thorough evidence collection at the scene and working with an experienced attorney aren’t just good ideas. They’re the only way to counter these tactics effectively.
Workers’ Comp vs. Third-Party Claims
For the crews who build and repair Maryland’s roads, the legal options look different. Following preventable fatalities, the AFSCME (the union representing many state workers) has been demanding immediate safety reforms. Union leaders point to systemic failures, a lack of physical protections, and the need for stricter enforcement in work zones.
Injured road workers can file a workers’ compensation claim through their employer’s insurance. This covers baseline medical needs and a portion of lost wages without requiring proof of fault. It’s the fastest path to some financial relief.
But here’s what many workers don’t realize: you may also have a third-party liability claim against the negligent driver who caused the crash. That matters, especially considering 19 citations went to drivers traveling over 130 mph through Maryland work zones in 2025. A third-party claim opens the door to full compensation, including pain and suffering, which workers’ comp simply doesn’t cover.
The table below breaks down how these two legal paths compare:
| Feature | Workers’ Compensation | Third-Party Injury Claim |
|---|---|---|
| Proof of fault? | No (no-fault system) | Yes (must prove negligence) |
| Damages recoverable | Medical bills, partial lost wages | Full wages, medical bills, pain & suffering |
| Who pays? | Employer’s insurance | At-fault party’s insurance |
| Filing deadline | 60 days to report, 2 years to file | 3 years from accident date |
Why Legal Representation Matters Right Now
Insurance Companies Aren’t on Your Side
This probably doesn’t surprise you, but it bears repeating: insurance companies use sophisticated tactics to minimize payouts. The average settlement for a moderate car accident in Maryland typically falls between $20,000 and $25,000. Minor injuries like severe whiplash? Settlements usually land somewhere between $2,000 and $15,000.
Work zone crashes are a different animal. They often involve commercial vehicles, concrete barriers, and heavy paving equipment. The injuries tend to be catastrophic, and the compensation needed to cover lifelong care and lost earning capacity is exponentially higher. Trying to negotiate that without an attorney is, frankly, a losing proposition.
Connecting with Experienced Baltimore Counsel
Given that three work zone crashes happen daily across Maryland’s highways, victims need legal teams that can move fast.
The Law Office of Richard Klein, a Baltimore personal injury attorney, has built a reputation for handling complex work zone collision cases. Their teams conduct on-site investigations to lock down physical evidence and witness testimony before construction layouts shift and critical details are lost.
If you’ve been hurt in a work zone accident, you can reach the firm by calling 1-800-HURT-123 for a contingency-based consultation, meaning the legal team only gets paid if they resolve your claim. They handle the liability investigations and insurer communications so you can focus on healing. That kind of support makes a real difference when you’re up against corporate defense attorneys whose job is to protect the bottom line.
Building Your Path to Recovery
Whether you’re a daily commuter navigating shifting lanes on I-695 or a highway worker maintaining Maryland’s infrastructure, your right to safety doesn’t disappear at a construction zone. But the clock is ticking. Maryland’s statute of limitations is three years from the date of the accident. Evidence degrades. Witnesses forget details. Waiting only helps the other side.
Securing physical evidence and documenting your medical condition early gives you the strongest possible foundation. The stakes are real; the Federal Highway Administration is reviewing plans for a national memorial dedicated to fallen highway workers. That should tell you everything about how dangerous these environments are.
Acting quickly, partnering with experienced legal professionals, and refusing to accept lowball offers are the steps that lead to fair settlements. You didn’t cause the negligence that put you in this position. Make sure the people who did are held accountable.