Construction along I-35 through northeast San Antonio, Live Oak, Selma, and toward Schertz is part of TxDOT’s I-35 Northeast Expansion (NEX) Central project, which includes major elevated-lane work and long-term traffic shifts.
When drivers call our office about crashes in this corridor, two patterns come up over and over: (1) “falling debris” or objects striking vehicles and (2) chain-reaction rear-end collisions caused by sudden stops, merges, and lane changes.
Quick Answer: What you should do after an I-35 NEX debris strike or sudden-stop wreck
- Get safe first. If you can, move to a safe location (shoulder/off-ramp) and turn on hazards. Construction zones are high-risk for secondary impacts.
- Document the scene before it changes. Take wide photos/video of: lane positions, cones/barrels, signs, temporary barriers, overhead work, and where debris landed (or where you had to brake). Construction layouts change fast.
- Call law enforcement and request a crash report. A neutral report can matter, especially when liability is disputed.
- Get medical care the same day if symptoms start. Neck/back injuries and concussions often show up hours later.
- Preserve evidence early. Save dashcam footage, keep damaged parts (windshield, mirror, tire, debris if safe), and write down the exact location (nearest exit, mile marker, cross street like O’Connor, Loop 1604, etc.).
- Be cautious with recorded statements. Construction-zone claims often involve finger-pointing—between drivers, contractors, and insurers—so it’s smart to understand the issues before you’re “locked in” to a version of events.
Why I-35 NEX construction makes these wrecks more common in Live Oak and Selma
The I-35 NEX Central project covers about 9.5 miles (roughly I-410 North to FM 3009) and includes new elevated lanes (two general lanes plus an HOV lane in each direction) and major connectors around I-410 North and Loop 1604 West.
That type of work creates predictable risk factors:
- Overhead activity + materials movement (debris/objects can end up in travel lanes)
- Narrow lanes and reduced shoulders
- Frequent lane shifts, short merges, and inconsistent traffic flow
- Stop-and-go waves that trigger rear-end “pileups”
Scenario 1: “Falling debris” on I-35—what it means legally and practically
“Falling debris” can describe different situations, and the details affect who may be responsible:
Common ways debris-related crashes happen
- A vehicle in front loses an unsecured load (ladders, construction materials, scrap).
- Debris drops or bounces into lanes from an adjacent work area.
- A driver hits debris and suddenly brakes, causing a rear-end collision behind them.
- A driver swerves to avoid debris and sideswipes another vehicle.
The biggest problem: proving where the debris came from
In real cases, the adjuster’s first move is often: “We can’t identify the source.” Your job is to preserve proof that makes “unknown source” less plausible:
- Dashcam footage (even 10–30 seconds can be decisive)
- Witness names and numbers (especially other drivers who saw the object fall)
- Photos of overhead work areas, equipment, and the debris itself
- The precise time and location (helps match up with construction activity schedules)
Who might be liable in a debris case?
It depends on the facts, but common candidates include:
- Another driver (unsecured load / negligence)
- A construction contractor or subcontractor (materials management, site safety, debris control)
- A governmental unit in limited circumstances (but special rules apply—more below)
Scenario 2: Sudden-stop rear-end collisions and chain reactions in the I-35 work zone
Rear-end crashes are often blamed automatically on the driver in back. In construction zones, it’s not always that simple.
Why rear-end liability gets messy on I-35 NEX
- Traffic can go from 65 mph to dead stop with little warning.
- Drivers get forced into short merges near barrels and concrete barriers.
- A “first impact” rear-end can trigger a chain reaction involving 3–8 cars.
- Drivers may be accused of “following too closely,” even when the stop was abrupt and unavoidable.
What insurers look at in a sudden-stop claim
Adjusters typically evaluate:
- Following distance and speed (including whether traffic flow was unstable)
- Brake lights and visibility (night conditions, glare, weather)
- Work zone signage and warnings (were there adequate cues?)
- Impact sequence (who hit whom first and at what force)
- Vehicle damage patterns (helps reconstruct the order of collisions)
Evidence checklist: what to collect before it disappears
Construction zones change daily. This is the evidence that tends to matter most:
- Dashcam video (front and rear if available)
- Photos/video of:
- signs (reduced speed, lane shift, “workers present,” etc.)
- lane layout (barrels, cones, temporary striping)
- overhead work areas (especially if debris is involved)
- skid marks, debris fields, final resting positions
- Witness info (names + phone numbers)
- Medical records (ER/urgent care, imaging, follow-ups)
- Your symptoms journal (pain, dizziness, sleep disruption, headaches)
- All insurance policy pages (declarations page matters)
Table: Common I-35 NEX hazards and the evidence that helps prove your case
| Construction-Zone Hazard | What It Looks Like in Real Life | Evidence That Helps Most |
|---|---|---|
| Falling/roadway debris | Object strikes windshield, debris appears suddenly, driver brakes hard | Dashcam, debris photos, witness statements, exact location/time |
| Sudden stop wave | Traffic compresses without warning; chain-reaction rear-ends | Dashcam, impact sequence photos, police report narrative, medical records |
| Forced merge / lane shift | Short merge area near barrels; sideswipe or “zipper merge” conflict | Wide-angle scene photos, signage, lane markings, witness accounts |
| Secondary collision | First wreck blocks lanes; another vehicle hits stopped cars | Timeline notes, photos of traffic control, 911 timestamps, dashcam |
Texas fault rules: why the “50% rule” matters in construction-zone crashes
Texas uses proportionate responsibility. In plain English:
- If you’re found more than 50% responsible, you cannot recover damages.
- If you’re 50% or less responsible, your compensation can be reduced by your percentage of fault.
That’s why evidence is so important in I-35 NEX cases—because defendants often argue:
- you were speeding for conditions,
- you were distracted,
- you followed too closely,
- you made an unsafe lane change,
- or you “should have avoided” the debris.
What about TxDOT or the construction company—can you make a claim?
Sometimes. But government-related claims have special rules.
Government involvement and the Texas Tort Claims Act (TTCA)
Texas law can allow claims against a governmental unit in certain situations, including when injuries are caused by:
- negligent operation or use of a motor-driven vehicle/equipment by a government employee, or
- certain conditions or uses of property (in limited circumstances).
Just as important: note requirements can be shorter than most people expect. Under the TTCA, a governmental unit is generally entitled to notice within six months of the incident.
(And some local entities may have shorter notice rules under their own charters/ordinances.)
Property-damage-only reality check
If your issue is only vehicle damage tied to highway conditions, TxDOT has publicly stated limits on when it can pay those claims under the TTCA framework.
In injury cases, the analysis can be different and fact-specific.
Insurance issues that come up constantly in I-35 NEX crashes
Even when liability is clear, insurance is often the “bottleneck.”
Coverage types that can matter fast
The Texas Department of Insurance explains that:
- Texas auto policies include Personal Injury Protection (PIP) unless you reject it in writing, and it can help with medical bills (and certain nonmedical costs like lost wages).
- Insurers must offer Uninsured/Underinsured Motorist (UM/UIM) coverage, which can help if the at-fault driver has no insurance, not enough coverage, or it’s a hit-and-run.
In construction-zone pileups, UM/UIM and PIP can be crucial because:
- multiple vehicles split the available policy limits,
- some drivers carry minimum coverage,
- and the “at-fault” story can change as statements come in.
Typical timeline: what an I-35 construction-zone injury claim looks like
Every case is different, but here’s a realistic overview:
- Week 1–2: Stabilize and document
- medical evaluation and follow-up plan
- crash report and evidence preservation
- Weeks 3–8: Treatment + investigation
- records collection, witness follow-up, reviewing dashcam/video
- identifying all potentially responsible parties
- Months 2–6: Liability and coverage fight
- insurer negotiations, potential disputes over fault percentages
- Months 6+: Resolution paths
- settlement talks (if liability/medical picture is clear)
- or litigation if facts/liability/damages are contested
Common mistakes to avoid after a debris strike or rear-end crash on I-35
- Assuming the scene will be documented by someone else. In a work zone, layouts change and evidence disappears quickly.
- Waiting too long to get evaluated. Delays can make it harder to connect injuries to the crash.
- Letting the “rear-end presumption” end the conversation. Sudden stops, debris, forced merges, and chain reactions can complicate fault.
- Underestimating notice deadlines when a governmental entity may be involved. Six months can pass quickly.
- Signing releases too early. Once you settle, you typically can’t reopen the claim if symptoms worsen.
Attorney Insight: why these cases often turn on “boring details”
In I-35 NEX corridor crashes, the outcome often hinges on the details most people don’t think to capture:
- the exact lane configuration at the moment of impact,
- whether warning signage was visible and placed far enough in advance,
- whether the “debris” was consistent with roadway construction activity or a private vehicle’s unsecured load,
- and whether the crash sequence shows a true chain reaction (not one driver causing everything).
The earlier those details are preserved, the more options you usually have—especially when multiple insurers start shifting blame.
FAQs
Can I pursue a claim if I hit debris but never found who dropped it?
Possibly. The key is whether evidence (dashcam, witnesses, scene photos) can identify a responsible party—or support coverage like UM/UIM in a hit-and-run/debris scenario.
What if I rear-ended someone in stop-and-go traffic near Live Oak or Selma?
You may still have a claim for your injuries depending on the facts—especially in a multi-car chain reaction or if the stop was caused by debris, sudden lane shifts, or other negligent conduct. Fault allocation matters in Texas.
If I’m partly at fault, am I automatically out of luck?
Not necessarily. In Texas, you’re barred only if you’re more than 50% responsible; otherwise damages can be reduced by your percentage of fault.
How long do I have to file a personal injury claim in Texas?
Texas generally applies a two-year limitations period for personal injury claims. (There are exceptions and shorter notice rules may apply in government-related situations.)
Is the I-35 NEX project actually an elevated-lane project through Live Oak and Selma?
Yes. TxDOT describes the NEX Central project as adding major elevated lanes (including HOV) through northeast San Antonio, Live Oak, Selma, and Schertz, within the I-410 North to FM 3009 segment.
Next steps if your crash happened in the I-35 NEX corridor
If you were hit by debris, injured in a chain-reaction rear-end collision, or hurt during a sudden stop/merge near Live Oak or Selma, focus on two things:
- Your health and documentation (medical evaluation + preserved evidence)
- A clear plan for liability and insurance coverage (especially when multiple parties may be involved)
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Phone: 210-525-1200
“This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.”