Anyone who is not an employee of the road construction companies can file a car accident claim. This includes drivers, passengers, and pedestrians who are hurt. The families of anyone who is not an employee can file a wrongful death claim if the collision results in a death. Construction employees generally are required to file a workers’ compensation claim against their employer if they are hurt in a car accident. However, independent contractors would have to file a personal injury claim, and employees whose injuries are caused by a third-party, or whose injuries are catastrophic may wish to file a personal injury claim.