Can I Sue for a Truck Accident Caused by the I-35 “Capital Express” Construction Project?

If you commute through downtown Austin, you’ve seen the transformation: narrowed lanes, shifting concrete barriers, and a constant maze of orange barrels. The I-35 Capital Express Project is designed to improve our city’s future, but in the present, it has created a high-risk environment for devastating truck accidents.When a semi-truck collides with a passenger vehicle in a construction zone, the legal question isn’t just about driver error—it’s about whether the construction project itself created an avoidable hazard. At RJT Law, we bring an “insider” perspective to these claims. Having spent years in insurance defense, we know exactly how construction firms and trucking companies point fingers at each other to avoid paying victims.

Why I-35 Construction Accidents are Legally Complex

In a standard truck accident, liability is usually split between the driver and the trucking carrier. However, in the “Capital Express” zones, a third party often enters the mix: the government contractors and engineering firms managing the site.

Under the Texas Manual on Uniform Traffic Control Devices (TMUTCD), construction zones must adhere to strict safety standards regarding signage, lane widths, and lighting. If a collision was caused by improper lane markings, confusing signage, or a lack of adequate warning lights, you may have a claim against the entities managing the I-35 project in addition to the trucking company.

Potential Liable Parties in a Construction Zone Crash

Because of the massive scale of the I-35 expansion, multiple layers of liability may exist. Pinpointing the correct defendant is essential for a successful recovery:

• The Trucking Company: Did the driver fail to reduce speed? Construction zones have lower speed limits that are strictly enforced by Texas Transportation Code § 542.404, which doubles fines—and increases negligence liability—in work zones.
• The Construction Contractor: If the “Capital Express” team failed to provide adequate “buffer space” for semi-trucks to navigate narrow lanes, the contractor may be responsible for the resulting “squeeze” accidents.
• Sub-Contractors and Maintenance Crews: If road debris, unanchored barriers, or poor lighting contributed to the crash, the specific crew responsible for site safety can be held liable

The “Squeeze” Effect: Narrow Lanes and Semi-Trucks

The I-35 expansion has significantly narrowed lane widths in several sections to accommodate construction equipment. For a semi-truck—which can be up to 8.5 feet wide—there is zero margin for error. If a truck driver “drifts” into your lane because the construction barriers are placed too close to the driving line, the insurance company will call it an “unavoidable accident.”

We don’t accept that. We look at the TxDOT Crash Records and project blueprints to determine if the lane configuration was dangerously non-compliant with safety regulations. If the road was built in a way that made a collision inevitable, the designers and contractors must be held accountable.

The “Insider” Advantage: Why Jaime Treviño’s Background Matters

In construction zone cases, the “blame game” is the defense’s primary strategy. The trucking company blames TxDOT; TxDOT’s contractors blame the truck driver; and both sides try to blame you for “failing to pay attention.”

Our lead attorney, Jaime Treviño, spent over a decade as an insurance defense lawyer. He has sat in the boardrooms where these companies strategize on how to use “complex construction” as a shield against liability. Jaime knows the internal “playbook” they use to hide safety violation logs and shift the blame. Because we have sat on the other side of the table, we know how to:

• Subpoena Project Communication: We look for internal emails where engineers may have raised concerns about lane safety before your accident happened.
• Analyze Dashcam and Telematics: We prove that the truck driver ignored construction speed limits long before the impact occurred.
• Counter the “Confusing Signage” Defense: We use site-specific evidence to prove that a professional driver had ample warning to navigate the zone safely.