Highway Work Zone Accidents in Georgia

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A crash in a Georgia highway work zone can involve the driver who caused it, the contractor doing the work, and the government that owns the road, and each answers under a different rule. The work zone statute adds conditions of its own: it defines the zone, requires signs at both ends, and allows a speeding citation there only when the signs are up and workers or listed hazards are present.

What the Code Calls a Highway Work Zone

A “highway work zone” is “a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway, including without limitation underground or overhead utilities or highway appurtenances, or any other type of work related thereto” (OCGA 40-6-188(a)(1)). The Department, a county, or a city may designate a segment under its jurisdiction as a work zone, and a designated zone must have signs at the beginning “warning the traveling public that increased penalties for speeding violations are in effect” and signs at the end saying they no longer are (OCGA 40-6-188(b)).

Speeding in the Zone

The statute ties a speeding case to what was actually in the zone. “In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone,” the required signs must be present at the time of the offense, together with either work zone personnel or “[b]arriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public” (OCGA 40-6-188(e)(1)). A conviction is “a misdemeanor of a high and aggravated nature,” punished by a fine of $100 to $2,000, imprisonment for up to 12 months, or both (OCGA 40-6-188(e)(2)).

Moving Over for Work and Service Vehicles

A separate rule applies to stationary work and service vehicles. A driver approaching a stationary highway maintenance vehicle, utility service vehicle, or towing or recovery vehicle that is using traffic cones or showing flashing or revolving yellow, amber, or white lights must approach with due caution and, absent other direction by a peace officer, move to a lane not next to it if that is possible in the safety and traffic conditions. If a lane change is impossible, prohibited, or unsafe, the driver must slow to a reasonable and proper speed below the posted limit and be prepared to stop (OCGA 40-6-16(c)). A violation carries a fine of not more than $250 (OCGA 40-6-16(d)(2)).

Who May Answer for the Crash

Potential defendant Governing provision
Another driver The duty of ordinary diligence (OCGA 51-1-2)
The contractor doing the work The same duty of ordinary diligence (OCGA 51-1-2)
The entity that hired the contractor The general rule and its exceptions on an employer's liability for an independent contractor (OCGA 51-2-4, 51-2-5)
The State The Tort Claims Act's exceptions for discretionary functions and for plans or designs prepared in substantial compliance with accepted standards (OCGA 50-21-24(2), (10)); notice within 12 months (OCGA 50-21-26(a)(1))
A city Liability for defects in city streets (OCGA 32-4-93(a)); a written claim within six months (OCGA 36-33-5(b))
A county Liability only where a statute provides it (OCGA 36-1-4); presentment within 12 months, or, for a minor or another person under a disability, within 12 months after the disability is removed (OCGA 36-11-1)

Which of these applies turns on who was doing the work, who owned the road, and what caused the crash.

Frequently Asked Questions

Can a highway worker hurt in a work zone sue the driver who caused it?
Workers’ compensation takes the place of the worker’s other remedies against the employer unless the employer expressly agreed in writing to more, but an injured worker may still sue a third-party tort-feasor other than a co-employee of the same employer or a person who provides workers’ compensation benefits to the worker under a contract or agreement with the employer (OCGA 34-9-11(a)).

Who can lower the speed limit in a work zone?
The Department of Transportation or a county or city governing authority may set a temporary reduced limit on roads under its jurisdiction, and it “shall not be required to conduct any engineering and traffic investigation” to do so (OCGA 40-6-188(c)(1)).

Where must reduced-speed signs be placed?
At the beginning and end of the reduced zone, spaced “not further than one mile apart” through it, and, where the reduced limit is at least ten miles per hour below the normal limit, a “Reduced Speed Ahead” sign at least 600 feet before the zone begins (OCGA 40-6-188(c)(2)). The signs must conform to the Manual on Uniform Traffic Control Devices, though movable or portable speed limit signs are allowed (OCGA 40-6-188(d)(1)).

Does the move-over rule also cover police and ambulances?
Yes. A separate subsection applies the same approach to a stationary authorized emergency vehicle displaying flashing yellow, amber, white, red, or blue lights, with a fine of not more than $500 (OCGA 40-6-16(b), (d)(1)).

Does federal law govern work zone devices?
On federally funded work, “[a]ll traffic control devices installed in construction areas using Federal-aid funds shall conform to the MUTCD,” and traffic control plans for construction zones and for the protection of workers must meet 23 CFR part 630, subpart J (23 CFR 655.603(d)(3)).

  • OCGA 40-6-188(a), (b), (c), (d), (e); OCGA 40-6-16(b), (c), (d)
  • 23 CFR 655.603(d)(3)
  • OCGA 51-1-2; OCGA 51-2-4; OCGA 51-2-5
  • OCGA 50-21-24(2), (10); OCGA 50-21-26(a)(1); OCGA 32-4-93(a); OCGA 36-33-5(b); OCGA 36-1-4; OCGA 36-11-1
  • OCGA 34-9-11(a)

Disclaimer

This article provides general information about work zone accidents under Georgia law. It is not legal advice and does not create an attorney-client relationship. Whether a statute was violated, who may be liable, and which notice period applies depend on the specific facts and on who was performing the work. A person injured in a work zone should consult a licensed Georgia attorney promptly about the particular situation.

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