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Construction zone accident in Texas: work zone laws, contractors and who to notify

What Texas law says about construction and maintenance work zones: the barricade and flagger rule, fines that double when workers are present, the Move Over or Slow Down law, TxDOT's work zone crash figures, and the notice rules when a government agency or a contractor was working.

11 min readPublished October 29, 2026Last updated October 29, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

In a Texas construction or maintenance work zone, the minimum and maximum fines for most traffic offenses are doubled when workers are present and the citation says so (Tex. Transp. Code §542.404), and disobeying a warning sign, including a flagger, or driving around a barricade is an offense (§472.022). TxDOT reports more than 28,000 crashes in Texas work zones in 2025, with 203 people killed (TxDOT). When a government agency or its contractor was doing the work, the notice rules depend on who that was: the Texas Tort Claims Act's definition of "employee" does not include an independent contractor (Civ. Prac. & Rem. Code §101.001(2)).

This guide provides general informational guidance and is not legal advice. It does not say who was responsible for any crash, whether any agency or contractor is responsible, or which notice rule or deadline applies to anyone; an attorney can tell you that.

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Key facts (as of October 29, 2026)

  • Fines double when workers are present. Most traffic offenses in a work zone carry twice the minimum and twice the maximum fine when workers are present and the citation says so (§542.404(a)).
  • A work zone must be signed. The zone must be marked as a work zone, show where it begins and ends, and state "Fines double when workers present" (§472.022(e)(2)).
  • A flagger counts as a warning sign. Disobeying a warning sign, a term that includes a flagger, is an offense (§472.022(a), (e)(3)).
  • Move Over or Slow Down covers road crews. The rule reaches TxDOT vehicles and highway maintenance or construction vehicles under a TxDOT contract using the required lights (§545.157).
  • TxDOT's 2025 figures. More than 28,000 crashes and 203 deaths in Texas work zones, including seven roadside workers (TxDOT).
  • Contractors are not "employees" under the Tort Claims Act. The definition excludes independent contractors and their agents and employees (§101.001(2)).
  • City of Houston: 90-day written notice. The City Charter's notice rule for claims against the City (City of Houston, Filing a Claim).

What counts as a work zone in Texas

Texas law uses a specific definition. A "construction or maintenance work zone" is a portion of a highway or street where highway construction or maintenance is being undertaken, "other than mobile operations as defined by the Texas Manual on Uniform Traffic Control Devices," that is marked by signs:

  • indicating that it is a construction or maintenance work zone;
  • indicating where the zone begins and ends; and
  • stating: "Fines double when workers present."

That definition is in §472.022(e)(2), and other work zone sections of the Transportation Code borrow it, including the fine-doubling rule in §542.404(b). A zone that lowers the speed limit on a state highway must also have a sign at its end showing the speed limit after the zone (§545.364).

Barricades, warning signs and flaggers

Section 472.022 makes it an offense to disobey "the instructions, signals, warnings, or markings of a warning sign" or to drive around a barricade (§472.022(a)). The section reaches a work zone in three ways:

  • Barricades. A barricade is an obstruction placed by TxDOT, a political subdivision, or a contractor or subcontractor building or repairing the road under their authorization, to prevent vehicles from passing "during construction, repair, or dangerous conditions" (§472.022(e)(1)).
  • Flaggers. The definition of a warning sign "includes a flagger deployed on a road, street, or highway by the department, a political subdivision of this state, or a contractor or subcontractor to direct traffic around or on the road, street, or highway during construction, repair, or dangerous conditions" (§472.022(e)(3)).
  • A higher fine range with workers present. The fine range is higher if the offense is committed in a work zone when workers are present and the written notice to appear says so on its face (§472.022(d)(1)).

The section does not apply to a person following a police officer's directions, or to a worker whose duties require going around a barricade (§472.022(b)). Tampering with, damaging or removing a barricade, sign, flasher or other warning device of construction, repair or detour is a separate offense under §472.021.

When fines double, and when they do not

Section 542.404 sets the fine rule for most traffic offenses committed in a work zone. If an offense under the Rules of the Road subtitle is committed "in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed," the minimum fine and the maximum fine are each twice what they would be outside the zone (§542.404(a)).

The section has limits:

  • it does not apply to offenses under Chapter 548 or 552, or under §545.412 or §545.413, the child safety seat and seat belt sections (§542.404(a)); and
  • for a violation of a prima facie speed limit set under Subchapter H of Chapter 545 (the speed-limit rules), the doubled fine applies "only if the construction or maintenance work zone is marked by a sign indicating the applicable maximum lawful speed" (§542.404(c)).

These are penalties set by the state for traffic offenses. They are not a measure of anything in a civil injury claim, and whether a citation was issued or upheld is decided in the criminal and traffic courts.

Move Over or Slow Down, and truck lane rules

Texas's Move Over or Slow Down law, §545.157, applies to a list of vehicles that includes "a Texas Department of Transportation vehicle or a highway maintenance or construction vehicle operated pursuant to a contract awarded under Subchapter A, Chapter 223," when it is not separated from the roadway by a traffic control channelizing device and is using lights that meet the state's standards. The list also includes stopped emergency vehicles, stopped tow trucks and utility service vehicles. On approaching one, a driver, unless a police officer directs otherwise, must vacate the lane closest to it on a highway with two or more lanes in that direction, or slow to 20 miles per hour below the posted limit (5 miles per hour when the posted limit is under 25). TxDOT's work zone page reminds drivers of the same rule (TxDOT).

For trucks, TxDOT's executive director may restrict commercial motor vehicles to a specific lane in a work zone on the state highway system when a TxDOT traffic study finds it necessary to improve safety, once the traffic control devices are in place (§545.0653). Our guide to truck accidents on Texas highways covers the federal and state truck rules.

What TxDOT reports about work zone crashes

TxDOT's Work Zone Safety page says: "In 2025, there were more than 28,000 traffic crashes in Texas work zones, resulting in 203 people killed, including seven roadside workers." It adds that "most of the people who died in work zone crashes were drivers or their passengers" (TxDOT).

The same page lists conditions drivers meet in work zones (uneven pavement, narrow lanes, concrete barriers, slow-moving heavy equipment, and vehicles that make sudden stops) and says that "Rear-end collisions are the most common kind of work zone crashes" (TxDOT). Our following-distance reference entry prints the Texas rule on following too closely.

Who to notify after a work zone crash

The police. The duties after a work zone crash are the same as after any Texas crash. A driver involved in a collision that injures or kills someone, or damages a vehicle so it cannot be normally and safely driven, must immediately notify the local police department in a city, or the sheriff's office or the nearest Department of Public Safety office outside a city (§550.026). The drivers must also exchange names, addresses, vehicle registration numbers and liability insurers, and give reasonable assistance to anyone injured (§550.023). Our chapter 550 reference entry prints these duties.

Insurers. A crash with another private vehicle in a work zone is handled through the drivers' auto insurance in the usual way. Our guides on property damage and injury claims and talking to the insurance adjuster explain the general process.

A government agency, if its vehicle or work was involved. If the crash involved a vehicle or crew of a city, county, school district, METRO or a state agency such as TxDOT, a written notice rule can apply. That is explained in the next section.

When a government agency or a contractor was doing the work

Road work in Texas is done by government crews and by private contractors working under government contracts. The difference matters for notice rules.

Government employees and vehicles. The Texas Tort Claims Act makes a governmental unit liable for property damage, personal injury and death caused by an employee acting within the scope of employment when the harm "arises from the operation or use of a motor-driven vehicle or motor-driven equipment" and the employee would be personally liable under Texas law (§101.021(1)). A governmental unit is entitled to notice of a claim not later than six months after the incident, a city's charter notice period is ratified, and the notice requirement does not apply if the unit has actual notice of the death, injury or property damage (§101.101). The City of Houston's charter requires written, verified notice to the mayor and city council within 90 days (City of Houston, Filing a Claim).

Contractors. Under the Act, an "employee" is a person in the paid service of a governmental unit, but the term "does not include an independent contractor, an agent or employee of an independent contractor, or a person who performs tasks the details of which the governmental unit does not have the legal right to control" (§101.001(2)). The Act's notice rule applies to a claim "against it," meaning a governmental unit (§101.101(a)). Which entity was doing the work, and what follows from that, is a fact-specific legal question this guide does not answer.

Road conditions, signs and excavations. For a condition of real property such as a road, the Act covers personal injury and death, not property damage (§101.021(2)). Its limited duty for premise defects does not apply to the duty to warn of "special defects such as excavations or obstructions on highways, roads, or streets" (§101.022(b)). Claims about the absence, condition or malfunction of a traffic sign, signal or warning device follow the separate rules in §101.060.

TxDOT's own process. TxDOT says it cannot spend state funds for damage to property, such as vehicles, sustained as a result of highway conditions, and that any other claim must be in writing; oral claims are not accepted, there is no formal claim form, and claims can be submitted online, by fax, or by mail to TxDOT's Occupational Safety Division, PO Box 149148, Austin, TX 78714-9148. TxDOT says it responds within 10 to 15 business days and that submitting documents "does not imply TxDOT's acceptance of liability/responsibility" (TxDOT).

Our guide on crashes with a Texas government vehicle sets out the notice rules for the City of Houston, Harris County, METRO, school districts, state agencies and federal agencies, and our Tort Claims Act reference entry prints the statute.

Work zones on Houston city streets

On City of Houston streets, lane closures go through the City's permit process. The City's Houston Permitting Center says that "It shall be unlawful for any person to place, cause, or allow any impairment or obstruction of a sidewalk or roadway, except as authorized by a permit," citing the Houston Code of Ordinances, Chapter 40, Article XVII (Houston Permitting Center, Roadway and Sidewalk Obstructions). The same page says:

  • a single lane closure may use the City's standard traffic control plan, while multi-lane or full closures need a traffic control plan submitted before the permit is approved;
  • full street closures require a 7-day public notice;
  • a copy of the permit and the approved traffic control plan must be on site, and all traffic control must be set up to the standards of the plan the City approved; and
  • the City conducts non-scheduled, unannounced inspections.

The City's Right of Way – Traffic and Mobility section reviews and approves mobility permits for lane closures. On state highways in the Houston area, the work zone rules above come from the Transportation Code and TxDOT.

The general filing period

Texas generally requires a personal injury suit to be brought not later than two years after the day the cause of action accrues, with exceptions the Code states (Civ. Prac. & Rem. Code §16.003). Our guide to the Texas statute of limitations for injury claims explains the general rule. A government notice period, where one applies, is a separate and shorter step.

Records people commonly keep after a work zone crash

It can help to keep these in one place:

  • Photos or video of the work zone signs, barricades, cones, lane markings and any flagger's position, if it was safe to take them
  • Any company or agency name, unit number or license plate on equipment, trucks or signs
  • The date, time and exact place, including the highway, direction, nearest exit or cross street, and whether workers were present
  • The crash report number and the agency that took the report
  • The other driver's name, insurer and vehicle registration number, as exchanged under §550.023
  • Names and contact details of any witnesses who spoke with you at the scene
  • A copy of any notice or claim sent to a government agency, with the date and how it was sent
  • Repair estimates, medical bills and records, and records of missed work and pay

Our guides on what evidence helps an injury claim, getting a crash report in Houston and preserving dashcam and video evidence explain how records like these are commonly used.

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About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently asked questions

Do traffic fines really double in a Texas construction zone?
In a construction or maintenance work zone when workers are present, Transportation Code §542.404 sets the minimum and maximum fine for most traffic offenses at twice what they would be outside the zone, if the citation states on its face that workers were present. The section excludes some offenses, such as seat belt and child safety seat offenses, and the doubling applies to a speeding offense only if the zone is marked with a sign showing the speed limit.
What counts as a construction or maintenance work zone under Texas law?
Under Transportation Code §472.022(e)(2), it is a portion of a highway or street where construction or maintenance is being done, other than mobile operations, that is marked by signs saying it is a work zone, showing where it begins and ends, and stating "Fines double when workers present."
Is it an offense to ignore a flagger in a Texas work zone?
Transportation Code §472.022 makes it an offense to disobey the instructions, signals, warnings or markings of a warning sign, and its definition of a warning sign includes a flagger deployed by TxDOT, a political subdivision, or a contractor or subcontractor to direct traffic during construction, repair or dangerous conditions.
What is the Texas Move Over or Slow Down law?
Transportation Code §545.157 requires a driver approaching certain stopped or working vehicles using the required lights, including TxDOT vehicles and highway maintenance or construction vehicles operating under a TxDOT contract, to vacate the lane closest to the vehicle on a multi-lane highway or to slow to 20 miles per hour below the posted limit (5 miles per hour when the limit is under 25), unless a police officer directs otherwise.
Is a highway contractor a government employee under the Texas Tort Claims Act?
The Act's definition of "employee" in Civil Practice and Remedies Code §101.001(2) does not include an independent contractor or an agent or employee of an independent contractor. The Act's notice rule in §101.101 applies to claims against a governmental unit. This guide does not say how these rules apply to any particular crash; an attorney can.
How many work zone crashes happen in Texas?
TxDOT says that in 2025 there were more than 28,000 traffic crashes in Texas work zones, resulting in 203 people killed, including seven roadside workers, and that most of the people who died were drivers or their passengers. TxDOT also says rear-end collisions are the most common kind of work zone crash.
Can InjuryClaimGuide tell me who is responsible for a work zone crash?
No. InjuryClaimGuide is a legal advertising service. We do not apply the law to anyone's situation and do not evaluate any claim. An attorney can advise you about your specific situation.

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