- Complaint/petition (if filed), or a short case summary and key allegations.
- Crash report(s) and any witness statements you have.
- Discovery materials and deposition transcripts (if available).
- Opposing expert report(s), if one has been served.
What this service helps with
When a crash happens in or near a work zone, temporary traffic control often becomes central to liability, standard of care, and causation. We help attorneys assess whether the work zone traffic control was appropriate for the conditions and/or consistent with applicable requirements and industry standards.
As a Professional Engineer and a Professional Traffic Operations Engineer, Jeff Sanchez has designed and reviewed traffic control plans for construction zones and, as a Traffic Engineer for a state department of transportation, conducted field audits of traffic control on construction projects to evaluate compliance with industry standards.
He also has experience working as a Project Engineer and Project Manager for highway construction and utility contractors and is intimately familiar with roadway construction standards.
That combination of agency and contractor experience allows us to clearly define the respective responsibilities of contractors, subcontractors, and government agencies as established by the contract documents, plans, specifications, and industry standards.
When attorneys call on us
Work Zone Collisions
Lane Closures & Devices
Advance Warning & Speed
Driver Guidance & Visibility
Contractor Duties & Conditions
Flagger Operations
Construction Pavement Conditions
Traffic Control Responsibility
Pedestrians, Cyclists & Workers
Conflicting Expert Opinions
- A collision occurred within a work zone, or on the approach to a work zone.
- There is a dispute about lane closures, tapers, channelization, or device placement.
- Questions have been raised about advance warning, speed environment, and driver expectancy.
- It is alleged that the traffic control in a work zone created confusion, sudden maneuvers, or limited visibility.
- Allegations have been raised that a construction contractor was negligent in their duties and created an unsafe roadway condition.
- A flagger operation is in question, including flagger positioning, visibility, or training.
- A pavement condition created by construction, such as an edge drop-off, milled surface, or conflicting pavement markings, is alleged to have caused a loss of control.
- Responsibility for the traffic control is disputed among the owner agency, the design engineer, the general contractor, a traffic control subcontractor, or an inspection consultant.
- A pedestrian, bicyclist, or worker on foot was struck in or near a work zone.
- There are conflicting expert opinions, or a need to respond to an opposing expert.
The key questions Traffic Expert Witness can answer
The purpose of our evaluation is to give you a clear, defensible view of what should have been in place, what the evidence supports, and what that means for the issues in dispute.
- What temporary traffic control would typically be expected for the road type, speed environment, and work activity.
- Whether the TTC was consistent with applicable guidance and requirements for that jurisdiction.
- Whether devices provided clear warning and direction, given the approach and conditions.
- Whether the available evidence supports the claimed set-up on the date and time in question.
- Whether the contractor(s) on a roadway project followed the construction plans and specifications or whether their actions or inactions created a potentially unsafe roadway condition.
- Which party was contractually responsible for designing, installing, inspecting, and maintaining the temporary traffic control, and whether inspection or acceptance by the owner agency relieved the contractor of that duty.
- Whether the temporary traffic control plan itself was designed in accordance with the MUTCD and applicable state standards, and whether a typical application was a mandatory standard or an option.
- Whether flaggers were used when required, positioned where the standards call for, and visible to approaching drivers.
- Whether a pavement condition created by construction, such as an edge drop-off, milled surface, or conflicting pavement markings, met the project specifications.
- Whether the conditions a road user actually encountered at the time and location of the collision were consistent with what the plans and standards required.
How we approach the evaluation
We keep the work focused on the questions the case needs answered, and explain conclusions in clear, usable language that holds up under challenge.
- Review materials and confirm scope (what you need answered, by when, and what’s available).
- Identify the applicable requirements for the jurisdiction and roadway context.
- Establish what was actually in place at the time of the crash by reconciling daily inspection reports, logs, and pay records with photos and video, including matching video frames to aerial and street-level imagery to locate signs and devices.
- Compare what was in place to the evidence (plans, records, photos/video, statements) and the applicable requirements.
- Explain findings clearly, supported by exhibits that can be used in deposition and trial.
What the attorney will receive
- ✓ Initial case review or preliminary opinion (timeframe agreed upon at engagement).
- ✓ Written expert report (scope dependent).
- ✓ Supporting visuals, such as annotated photos, plan mark-ups, annotated video stills, and scaled site diagrams.
- ✓ Support for attorney conference and deposition preparation.
- ✓ Trial testimony, if required.
- ✓ Supplemental or rebuttal reports responding to an opposing expert’s opinions.
- ✓ Sworn declarations or affidavits, where required.
What we need from you to get started
The most helpful starting point is whatever materials you currently have. If some items are not available yet, we can advise on alternatives and next best sources.
Work Zone Plans, Records, and Project Documents
- Construction plans and any approved Temporary Traffic Control (TTC) / Maintenance of Traffic (MOT) plans.
- Specifications, supplemental specifications, and special provisions (where applicable).
- Relevant contracts/subcontracts (where scope and responsibility are in dispute).
- MOT/TTC logs, inspection reports, daily reports, and any documented corrections or changes.
- Change orders and correspondence relating to TTC revisions (if applicable).
- Agency correspondence, notices, or directives (particularly on public projects).
- Lane closure notification requests and approvals, and any special-event or holiday closure restrictions in the contract.
- Pay item records, daily work reports, and timecards, where the contractor’s traffic control effort (for example, flagging days) is in question.
- Subcontractor approval letters, certificates of insurance, and driver qualifications, where subcontracting or hauling operations are in dispute.
Photos, Video, and Scene Documentation
- Scene photos and video (including nighttime images if relevant).
- Dashcam/bodycam footage, drone footage, or other incident-related video.
- Any mapping imagery available, noting image dates where known.
Timeline and Emergency Response Records
- EMS/police narratives that help establish timing and scene conditions.
- Traffic management center logs, dynamic message sign records, and camera footage, for freeway and managed-lane projects.
Standards and guidance relied on
Depending on the jurisdiction and the issues in dispute, we may reference:
- Construction plans.
- Contract documents specific to the project at issue.
- Temporary traffic control plans specific to the project at issue.
- The Manual on Uniform Traffic Control Devices (MUTCD), including the state supplement or state-adopted version in effect at the time.
- State DOT standards/specifications and standard drawings.
- Applicable federal references where relevant (for example, 23 CFR Parts 630 and 655, and the FHWA-1273 required contract provisions on federal-aid projects).
- Other accepted industry guidance appropriate to the case facts.
- The ATSSA Flagger Handbook and state flagger handbooks, for flagger operations.
- Local barricade manuals and permitting or certification requirements for work in the public right-of-way.
FAQs
General
What do you need first to provide an initial review?
A copy of the complaint (if filed) will help us understand the general case facts. We can also use information contained in the complaint to determine whether we have any conflicts of interest with the parties involved. After reviewing the complaint and confirming no conflicts of interest, we may ask for more documents specific to the matter.
Can you evaluate temporary traffic control without a site visit?
In most cases, yes. Usually, by the time a matter is brought to us for evaluation, the temporary traffic control has changed, or the project is complete, and the temporary traffic control is no longer in place. However, we can use documentation, videos, photos, and additional resources to conduct an evaluation.
How quickly can you provide a preliminary opinion?
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The timeframe will vary depending on case specifics; however, we can generally provide a preliminary opinion within two weeks, and sometimes sooner.
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Do you help rebut an opposing expert’s opinions?
Yes. We will review an expert’s opinion, evaluate their methodologies, and rebut specific aspects of their opinions, as appropriate.
Can you provide exhibits for deposition and trial?
Yes, we will provide exhibits as appropriate based on available evidence and industry standards.
Do you work alongside an accident reconstructionist?
We are often retained on the same cases as accident reconstructionists, however our evaluations are generally unrelated. Accident reconstructionists focus on how a collision occurred and what happened during the collision, while we focus on determining the sufficiency of the temporary traffic control in place.
Do you work for both plaintiffs and defendants?
Yes. We are retained by plaintiffs and by defendants, including contractors, traffic control subcontractors, design engineers, construction inspection consultants, and public agencies. Our evaluation follows the same method regardless of who retains us.
Temporary traffic control
Can you assess temporary traffic control if devices were removed before investigators arrived?
When control devices are removed before investigators arrive to document conditions, we can usually get the information needed to conduct our investigation from temporary traffic control plans, construction plans, inspection reports, and other documents.
How do you handle conflicting accounts of what signage was present?
Where there are conflicting accounts as to the presence of signage, a combination of scene photographs and videos, inspection reports, daily logs, construction drawings, and traffic control plans can help us determine what traffic control devices were in place at the time in question.
Can you evaluate whether advance warning and taper lengths were appropriate?
In many cases, we can use reference points in photographs and videos, such as roadway striping and mile markers to determine approximate distances and device spacing.
Do you assess nighttime visibility, lighting, and device maintenance?
By the time we get involved, many of the conditions that were present at the time of the incident are no longer present. Our evaluations are based on available documentation surrounding the incident.
Can you evaluate whether a work zone created driver confusion or expectancy issues?
A traffic engineering assessment focuses on evaluating the sufficiency of the traffic control and determining whether it met standards by providing positive guidance to a road user. We do not provide opinions on causation or driver perception.
Yes. We trace responsibility through the prime contract, subcontracts, special provisions, and standard specifications to identify which party was obligated to design, install, inspect, and maintain the traffic control, and whether inspection or acceptance by the owner shifted that obligation. Under most DOT specifications, it does not.
Do you evaluate flagger operations?
Yes. We evaluate whether flaggers were required for the operation, where the flagger station should have been located, whether the flagger remained visible to approaching drivers for the distance the MUTCD and state guidelines require, and whether a uniformed officer rather than a flagger was called for.
Do you evaluate pavement conditions in work zones, such as edge drop-offs?
Yes. Exposed longitudinal edges, drop-offs, milled surfaces, and conflicting or unremoved pavement markings are evaluated against the project specifications and construction manuals, which typically govern what the contractor was required to do and when.
Was the traffic control plan itself deficient, or was it the field set-up?
We evaluate both. The plan is compared to the MUTCD and state standards, including whether a typical application was a mandatory standard or an option. The field set-up is then compared to the plan and to the evidence of what was actually in place.
Practical details
Jeff Sanchez is a licensed Professional Engineer in Arizona, Colorado, Florida, Illinois, Nevada, New Mexico, North Carolina, Texas, and Washington, and a nationally certified Professional Traffic Operations Engineer (PTOE No. 4732). We can confirm site visit options, the engagement process (including conflict checks), and the billing approach when you inquire.
Next step
Send a short case summary and the key materials you have so far, and we’ll advise the best next step for an initial review.