Who Holds Gordie Howe International Bridge and Construction Zone Accident Liability in a Car Accident?

• April 7, 2026

Gordie Howe International Bridge construction zone accident liability raises complicated legal questions that go beyond a typical crash where another driver may be at fault. 

The bridge project, connecting Detroit's Southwest side to Windsor, Ontario, via I-75, has brought years of lane shifts, road closures, heavy equipment, and increased commercial truck traffic to one of Michigan's busiest corridors.

When a crash occurs in or near an active construction zone, determining who bears responsibility may involve multiple parties, from private contractors to government agencies. 

Michigan law treats government liability differently from private party liability, and the rules that apply depend on the specific circumstances of the accident. 

For drivers, passengers, and construction workers injured near the bridge site, sorting through these layers of responsibility with the help of a Detroit car accident lawyer is a critical first step toward pursuing compensation.

Who May Be Liable for a Construction Zone Accident Near the Gordie Howe Bridge?

Construction zone crashes near the Gordie Howe International Bridge involve a web of potentially responsible parties. The bridge project includes government agencies, a private consortium, subcontractors, traffic control companies, and individual drivers, each of whom may play a role in how a crash occurred.

Government Agencies and the WDBA

MDOT oversees Michigan highway connections to the bridge, while the Windsor-Detroit Bridge Authority (WDBA), a Canadian Crown corporation, manages the overall bridge project. Different liability rules may apply depending on which entity had control over the area where the crash occurred. Because the WDBA is not a Michigan governmental agency, Michigan's Governmental Tort Liability Act does not apply to it in the same manner as it does to MDOT.

Private Contractors and Subcontractors

The Bridging North America consortium holds the design-build contract for the bridge. Private contractors and their subcontractors do not receive the same blanket immunity as government agencies. If a contractor's negligence in maintaining traffic control, signage, or safe lane configurations contributes to a crash, that contractor may face direct liability.

Other Drivers

In many construction zone accidents, another driver's actions, such as speeding through a lane shift or failing to follow posted detour signs, are a contributing factor. These claims follow standard negligence principles and Michigan's comparative fault rules.

How Does Michigan's Governmental Immunity Affect Construction Zone Claims?

Michigan law provides broad protection to government agencies, but that protection is not absolute. The Governmental Tort Liability Act creates a framework where immunity is the rule and liability is the exception.

The General Rule of Immunity

Under MCL 691.1407, a government agency engaged in a governmental function is immune from tort liability. Road construction and highway maintenance generally fall within this definition.

The Highway Exception

The most relevant exception for construction zone accidents is the highway exception. MCL 691.1402 requires each government agency with jurisdiction over a highway to maintain it in reasonable repair so that it is reasonably safe and convenient for public travel. If an agency fails to meet that duty, an injured person may recover damages.

Michigan courts interpret the highway exception narrowly. It generally applies to the improved portion of the highway designed for vehicular travel. Whether an area like a shoulder qualifies depends on the specific facts, and sidewalks are addressed under a separate statutory provision.

The 120-Day Notice Requirement

Before pursuing a highway defect claim against a government agency, injured persons must comply with a strict notice requirement. Under MCL 691.1404, the injured person must serve written notice on the responsible agency within 120 days of the injury. The notice must include the following details:

• The exact location of the highway defect


• The nature of the defect that caused the injury


• A description of the injury sustained


• The names of known witnesses to the incident

Missing this 120-day window may permanently bar the claim, regardless of how strong the evidence of negligence might be. This deadline is far shorter than the three-year statute of limitations and catches many injured people off guard.

What Construction Zone Hazards May Lead to Liability?

The Gordie Howe Bridge project has transformed the I-75 corridor in Southwest Detroit, adding new road bridges, widened intersections, and highway-to-highway ramps. Construction activity of this scale creates specific types of hazards that may form the basis of a liability claim.

Improper or Missing Signage

Work zones require clear, visible signs that alert drivers to lane changes, speed reductions, and merging traffic. When signage is absent, obscured, or placed too late for drivers to react safely, the party responsible for traffic control may bear liability.

Unsafe Lane Shifts and Barriers

Temporary lane configurations and concrete barriers create unfamiliar driving conditions, especially at night or during heavy rain. If lane markings are confusing, barriers are placed too close to travel lanes, or transitions between open and closed lanes are abrupt, these conditions may contribute to crashes.

Debris and Road Surface Defects

Construction activity generates debris, uneven pavement, loose gravel, and temporary surface conditions that increase the risk of losing vehicle control. The party responsible for maintaining the work zone must address these hazards within a reasonable time.

Inadequate Lighting

Nighttime construction zones require sufficient lighting to help drivers navigate safely. A poorly lit work zone near the bridge approach or along I-75 may create dangerous conditions for both passenger vehicles and commercial trucks.

Each of these hazards raises questions about who had the duty to prevent the condition and whether that duty was met.

How Does Comparative Fault Apply in a Construction Zone Crash?

Michigan's modified comparative fault system under MCL 600.2959 and MCL 600.2957 applies to construction zone accidents just as it does to any other motor vehicle crash. Fault may be divided among multiple parties.

Shared Responsibility

A construction zone crash might involve fault on the part of a contractor who failed to post adequate signage and a driver who exceeded the posted speed limit. Under Michigan law, the jury allocates fault to each party in proportion to their responsibility.

The 51% Threshold

If an injured person is found more than 50% at fault, non-economic damages like pain and suffering are not recoverable under MCL 600.2959. Economic damages, such as medical bills and lost wages, may still be pursued but are reduced by the injured person's share of fault.

Drivers in construction zones are still expected to follow reduced speed limits, obey traffic signs, and drive with heightened awareness. A failure to do so may reduce recovery even when the construction zone itself was hazardous.

What If a Truck Caused the Crash in the Bridge Work Zone?

The Gordie Howe Bridge corridor carries heavy commercial truck traffic, with freight moving between the U.S. and Canada through one of North America's busiest border crossings. A truck accident in a construction zone adds another layer of complexity.

Federal Safety Standards

Commercial carriers must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations that govern hours of service, vehicle maintenance, and driver qualifications. Violations of these federal rules, documented through Electronic Logging Devices (ELDs) or the truck's Electronic Control Module (ECM), may support a claim of negligence.

Cross-Border Complications

Because the Gordie Howe Bridge connects Michigan to Ontario, some crashes may involve Canadian commercial carriers or cross-border transport vehicles. Crashes that occur on Michigan roadways are often governed by Michigan law, but cross-border cases may involve additional jurisdictional and choice-of-law questions depending on the parties involved and where the conduct occurred. An attorney familiar with these issues may help clarify which rules apply.

What Evidence Helps Strengthen a Construction Zone Accident Claim?

Building a strong claim after a construction zone crash requires specific types of evidence that may not be available for long. Construction zones change rapidly, and conditions present at the time of the crash may be altered within hours or days.

The following types of evidence are particularly important in these cases:

• Photographs of signage, lane markings, barriers, debris, and lighting conditions at the crash scene


• The police accident report, which may note construction zone conditions or citations


• Traffic control plans and maintenance logs from the contractor or MDOT


• Dashcam or surveillance footage from nearby sources


• Witness statements from other drivers or construction workers present at the scene

Preserving this evidence quickly matters. Conditions in active construction zones change daily, and records from contractors or government agencies may be difficult to obtain without a formal legal request. Acting promptly to document and preserve what happened strengthens your claim and helps prevent the loss of critical details.

FAQs for Gordie Howe International Bridge Accident Liability

Does the Gordie Howe Bridge project involve any special immunity for its contractors?

Private contractors working on the bridge project generally do not receive the same governmental immunity protections that apply to state agencies under MCL 691.1407. Liability depends on the contractor's role and whether it exercised control over the condition that caused the crash.

What if the crash happened because of confusing detour routes near the bridge?

Detour routes that lack clear signage, have confusing lane configurations, or direct traffic through unsafe conditions may support a liability claim. The responsible party depends on who designed, approved, and maintained the detour. That may include the general contractor, a traffic control subcontractor, or the government agency with jurisdiction over the affected road.

May construction workers injured on the bridge project file a personal injury claim?

Construction workers injured on the job are generally covered by workers' compensation. However, if a third party, such as another contractor, a subcontractor, or a negligent driver, caused or contributed to the injury, the worker may have a separate personal injury claim against that party in addition to workers' compensation benefits.

What if the road defect involved a temporary surface condition like loose gravel?

Temporary surface conditions created by construction activity may fall within the scope of the highway exception if they affect the improved portion of the highway designed for vehicular travel. The responsible party must have had notice, actual or constructive, of the hazardous condition and a reasonable opportunity to address it.

How does the 120-day notice requirement apply if I am unsure which agency is responsible?

Identifying the correct government agency is a critical step. Serving notice on the wrong entity may not satisfy the requirement. Because the Gordie Howe Bridge project involves both MDOT and local road authorities, along with the WDBA as a separate Canadian entity, determining which agency has jurisdiction over the specific stretch of road where the crash occurred is essential within the 120-day window.

Can dashcam footage help prove fault in a bridge construction zone accident?

Dashcam footage may provide valuable evidence of lane shifts, barrier placement, traffic flow, lighting conditions, and driver behavior at the time of the crash. Because construction zones change quickly, video recorded at the time of the incident may preserve conditions that no longer exist. Such footage may support or challenge claims about signage, speed, and roadway configuration.

When the Road Ahead Is Under Construction, Your Claim Does Not Have to Be

A crash in or near the Gordie Howe Bridge construction zone raises questions that most accident claims do not. Government immunity, contractor liability, federal trucking regulations, and strict notice deadlines all create additional hurdles that require careful attention.

At Goodman Acker, P.C., our attorneys help injured people throughout Metro Detroit, Southwest Detroit, Downriver communities, and across Michigan navigate these complex claims. We work on a contingency fee basis, meaning there is no upfront cost. 

If a construction zone crash near the Gordie Howe Bridge left you or a family member injured, reach out through our contact page or call 1-800-TRUSTED so that our Michigan car crash injury lawyers can help determine which parties may be responsible.