Michigan Has a Deadly Epidemic: Construction Zone Fatalities

Content warning: this article contains descriptions of auto accidents and deaths that may be disturbing to some readers. You may be shocked to learn just how bad highway safety has become in Michigan over the past few years. Consider these disheartening statistics we’re quoting from recent Michigan State Police and WDIV news reports:

• Motorcyclist fatalities increased from 166 in 2021 to 173 in 2022, up 4 percent.
• Bicycle fatalities increased to 36 in 2022, up 24 percent from 2021.
• Work zone crashes rose an astonishing 28 percent, going from 5,814 in 2021 to 7,436 last year.
• Work zone fatalities rose 15 percent – to 23 deaths in 2022.
• Overall, there has been a similar 15 percent increase in deaths on Michigan’s roads over the past five years.

As these dramatic numbers show, many Michigan drivers are simply not protecting construction workers – and each other – from fatal accidents and severe injuries in work zones and highways across the state. While we understand construction delays can be frustrating, the numbers don’t lie. With thousands of work zone crashes taking place, we all need to do better to safeguard road workers, bicyclists, bikers, and our own beloved family members on the road. That being the case, here are some other important numbers you ought to know: Michigan’s penalties for killing someone in a construction zone are very strict, especially since the state enacted Andy’s Law, named for Andy Lefko, a 19-year-old construction worker who was seriously injured by a drunk driver in 1999 and lived for nearly 19 years thereafter as a quadriplegic. As originally written, Andy’s Law stipulated a fine of up to $7,500 and up to 15 years in prison for killing a highway worker. Since then, the law has been expanded to include the same penalties for killing anyone in a construction zone, and stronger provisions for delineating construction zone boundaries have been put into place. Sadly, even with the protection of Andy’s Law, Michigan’s road construction workers continue to be injured and killed by irresponsible, impatient, and intoxicated drivers. Consider a few recent examples:

• In late May a 70-year-old flagger working a road project in Webberville died when he was hit by a vehicle driven by a 23-year-old woman. Caught underneath the vehicle, James Edward Lockwood had to be extricated by emergency personnel and transported to a hospital, where he later passed away.

• A road construction company superintendent left behind a wife and three children when he was hit on an overpass crossing I-69 near Olivet.  Jeremy Zeitz of Gladwin died while assessing work needed for an upcoming road repair project.

• René Rangel, a 58-year-old described by relatives as the “glue that held us together,” had spent many years as a West Michigan business owner before deciding to sell his company and take a job as a construction worker. He died when he was hit by a Dodge pickup driven by a 30-year-old man that reports indicated had been involved with drugs.

• A hit-and-run driver who days later turned himself in was found responsible for the death of Zach Morisette along I-94 in St. Clair Shores. Morisette was preparing to leave his work site when the crash occurred and the driver fled from the scene.

• Also along I-94, 35-year-old Reason Tillman-Morgan died after he leapt from the construction equipment he was operating to avoid being hit by an onrushing semi truck – only to be hit by a second truck traveling along the highway that night. The driver of the first truck was injured in the crash, and a dog trapped in the semi was later rescued. The victim’s wife, imploring motorists to drive carefully and to remain alert, said her husband usually tried not to work such late-night shifts due to his concern about drivers falling asleep at the wheel and weaving on the road.

Too many innocent people are dying, too many others are getting seriously hurt on our highways, and too many families have empty seats at the kitchen table because of the actions of drivers who are distracted, irresponsible, or under the influence of drugs and alcohol. That’s why we’re taking this opportunity to ask you to please, please be patient, attentive, kind, and careful when driving through construction zones in our beautiful state. Don’t watch Netflix or butter a bagel when you’re driving, as Michigan State Police reports have documented some drivers are doing. And if you feel it in your heart and are able to help the family of construction workers who were killed in the line of duty, there’s now a charity dedicated specifically to that goal. Finally, try to remember – while driving through construction zones can certainly be frustrating, road workers are doing their level best to provide better and safer highways for us all.

What Else Can Be Done to Curb This Alarming Trend?

As you may know, Michigan has just begun enforcing the new hands-free cell phone law, which aims to stop distracted driving by prohibiting motorists from holding phones for any reason when they’re behind the wheel. But as well-intentioned as the new law might be, we believe it could benefit from having stronger penalties for distracted drivers. If the people who are texting, holding their phones to chat with friends, or playing games while driving faced the same fines and potential prison time as drunk drivers currently do, we think there would be a lot fewer highway workers killed, maimed, disabled and disfigured in our state. Another possible way to make job sites safer for construction workers is to completely close roads while construction or repair work is underway – a suggestion for which concerned work crew members have advocated. While drivers might find this option inconvenient (to say the least) it would likely reduce the incidence of workers being hit by inattentive or irresponsible motorists. Additionally, if at all possible, we suggest traveling at low-volume times to avoid the daily traffic jams that inevitably occur during rush hour. If you can work at home or operate on a hybrid work model, you will be able to make a genuine contribution to the health and safety of road construction workers along your usual route. In addition to helping them stay safer, you’ll probably be keeping your own blood pressure lower at the same time! (By the way, it’s also been proven that traffic and road noise can have other negative health effects, which is something you can tell your employer when making the case to work at home.) Remember, too, that by killing or injuring a worker, you can also become a defendant in a personal injury lawsuit for causing someone’s death or “serious impairment of body function” as defined by state law. Do you really want to end up in court, or possibly in prison, for something you could have easily prevented?

Our Advice for Road Workers Who Get Injured.

Finally, we have a few thoughts for the dedicated members of Michigan’s road construction crews. If you’re counting on workers’ compensation to pay the bills when you’ve been injured on the job, think again. Insurance companies and even your own employer might have your back… but do you really want to take that chance? There’s one highly effective way to ensure your legal and financial protection: it’s to call 855-MIKE-WINS (855-645-3946) and get a dedicated Mike Morse Law Firm attorney on your side. For details on our very own crew specializing in construction-related injuries, click here.