Rear-Ended in a Highway 101 Work Zone: Who Is at Fault?

Table of Contents

Who is at fault when a driver rear-ends me in a Highway 101 construction zone slowdown?

A driver must not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of that vehicle and for the traffic on, and the condition of, the roadway (Vehicle Code section 21703). A driver also must not go faster than is reasonable or prudent given weather, visibility, traffic and the surface and width of the highway (Vehicle Code section 22350). When more than one person was careless, California assigns responsibility in direct proportion to each party’s negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).

How your own share of fault is handled

If the other side claims you were also negligent, it must prove that you were negligent and that your negligence was a substantial factor in causing your harm (CACI No. 405, Comparative Fault of Plaintiff). If it proves both, your damages are reduced by the percentage of responsibility the jury assigns to you.

Higher fines in a work zone

Certain traffic violations in a highway construction or maintenance area carry a doubled fine for a misdemeanor, or the next higher fine category for an infraction (Vehicle Code section 42009). That applies only when workers are actually performing construction or maintenance work and work zone traffic controls or warning signs are in place.

Where a Sonoma County case can be heard

For an injury case, the county where the injury occurs is a proper county for trial (Code of Civil Procedure section 395). A crash on Highway 101 in Sonoma County can therefore be tried in Sonoma County.

Work zone results

Results shown on chrisplaw.com include $5,360,000 in a dangerous construction zone case. Every case is different, and prior results do not guarantee a similar outcome.

Evidence to gather

Photos of the lane closure, cones, signs and message boards near the crash.
Dashcam video from your car or other drivers.
Names and numbers of witnesses, including any flagger or crew member who saw it.
The time of the slowdown and whether work was going on when it happened.

Frequently asked questions

Do I have to follow a flagger’s instructions in a work zone?

Yes. It is unlawful to disobey the instructions of a person directing traffic through a highway work zone under Vehicle Code section 21367, or the warning signs, lights or devices put up there (Vehicle Code section 21367).

If you were rear-ended in a Highway 101 construction zone, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.

Rear-Ended in a Highway 101 Construction Zone Slowdown: Who Is at Fault?