Here’s a Philippine-context legal explainer on damages for a road-construction accident where there were no warning signs—what duties exist, who may be liable, what you can claim, and how to actually pursue it.

Big picture

If you crashed or were injured because of unmarked or poorly marked roadworks, that’s typically a quasi-delict (tort) under Article 2176 of the Civil Code: negligence that causes damage obliges the negligent party to pay.
Owners/contractors doing the works, and their employers (through Article 2180), can be liable for their failure to exercise due care—especially for not putting up adequate warning signs, barricades, lights, and traffic control.
Local governments can be liable under Article 2189 for injuries due to defective roads or public works under their control or supervision.
If the project is a national public work (e.g., DPWH), suits against the State face state immunity issues; victims usually sue the private contractor(s) and other non-immune actors, while carefully assessing whether and how a government entity may be impleaded (consult counsel).
Lack of required signage often supports res ipsa loquitur (the thing speaks for itself): this kind of accident ordinarily wouldn’t occur if reasonable care/signage were used.

Duties of care at a roadwork site

Even without memorizing every statute or manual, these baseline duties apply:

Plan and implement temporary traffic management (TTM): clear advance warning, tapering, barriers, flagmen, night lighting/reflectors, and safe detours.
Maintain the site: keep signs upright/visible; restore or re-position after wind/rain; ensure night visibility (blinkers/retroreflective devices).
Coordinate with authorities: secure permits, coordinate traffic rerouting, and comply with safety regulations and construction standards.
Inspect and correct: frequent checks—especially at night and during bad weather—to catch fallen cones, missing signs, or open excavations.
Inform and warn: when conditions change (fresh excavation, uneven surfaces, steel plates, loose gravel), update the signs before exposing the public to the hazard.

No or inadequate warning is classic evidence of negligence.

Who you can hold liable (and why)

Prime contractor / project proponent Usually has primary control over the site and traffic management. Liability may be direct (its own negligence) and vicarious (Art. 2180 for employees/agents).
Subcontractors (e.g., traffic management, signage, excavation) Liable for their negligent acts; may be solidarily liable with the prime, depending on facts/contract.
Site supervisors/engineers/safety officers When their personal negligence is substantial (e.g., ordering removal of barriers), they can be named.
Property owners / utilities (if trenching for water, power, telco) If they directed or controlled the works, or failed to ensure their contractor used proper safety measures.
Local governments (LGUs) under Art. 2189 For defective roads/works under their control or supervision (e.g., LGU projects or when the LGU had custody/oversight). Article 2189 is a special tort: you still prove defect/negligence and causation, but notice to the LGU isn’t a prerequisite to liability.

Note on “independent contractor” defenses: Principals sometimes argue non-liability because the contractor is “independent.” That defense weakens where the activity is inherently dangerous (like excavation abutting live traffic) or where the principal was negligent in selection/supervision, or retained control over the manner of work.

What you can claim (damages guide)

1) Actual/compensatory damages

Medical/hospital bills, rehab, meds, assistive devices
Property repair/replacement (vehicle, gear, phone)
Loss of income (supported by payslips/receipts/ITRs)
Loss of earning capacity (if permanently impaired):
- Common formula: Net Earning Capacity = Life Expectancy × [Gross Annual Income − Living Expenses]
- A widely used life-expectancy proxy is 2/3 × (80 − age at injury)
- If income records are informal, courts may award temperate damages instead of speculative actual loss.

2) Moral damages For physical injuries, anxiety, mental anguish, social humiliation—especially where negligence is gross or the aftermath severe.

3) Exemplary (punitive) damages To deter gross negligence (e.g., digging a trench across a lane with no lights/signs at night).

4) Temperate / moderate damages When some pecuniary loss is certain but not adequately proven with receipts (typical in vehicle use disruption).

5) Nominal damages To vindicate rights where the violation is clear but actual loss is unproven.

6) Interest & attorney’s fees

Legal interest is typically imposed from the time and rate set by jurisprudence, commonly 6% per annum from judgment (or from demand on liquidated amounts).
Attorney’s fees may be awarded when defendant’s act or omission compelled litigation or was in bad faith.

Death cases: Courts award civil indemnity and moral/exemplary damages in judicially fixed amounts that change over time; current numbers depend on the latest Supreme Court guidance.

Causation & defenses

Causation: Show the hazard (unmarked excavation, sudden drop, misplaced steel plate, loose gravel from milling) caused your crash/injury, not an independent factor.
Contributory negligence (Art. 2179): If you were speeding, intoxicated, or distracted, your damages may be reduced, but not barred, when the defendant’s negligence also caused the harm.
Last clear chance / emergency doctrine: These can cut both ways; they often favor motorists surprised by sudden, unmarked hazards.
Assumption of risk: Rarely applies unless you knowingly drove into a clearly marked, closed area.

Criminal angles (optional but powerful leverage)

Reckless imprudence under the Revised Penal Code can be charged when the lack of proper warnings/barricades shows inexcusable lack of precaution, resulting in damage to property, physical injuries, or homicide.
The civil action for damages can be:
- Deemed instituted with the criminal case (unless you expressly reserve the civil action), or
- Brought separately as a quasi-delict (Art. 2177)—but no double recovery.

Evidence that wins roadwork cases

Scene proof
- Wide-angle and close-up photos/videos of the hazard, showing lack/inadequacy of signs and sightlines (day and night).
- Dashcam/CCTV footage; Google/phone GPS logs for time/location.
- Skid marks, debris, gouge marks, and the resting position of your vehicle.
Condition of the work zone
- Where were the advance warning signs, cones, barriers, flagmen? How far upstream? Night visibility?
- After-accident changes (they added signs the next day) can be documented to show prior inadequacy.
Official paperwork
- Police report, incident blotter, EMT reports.
- Permit/notice for road closure or excavation (often attached to the project).
- Contract data (prime contractor, subcontractors, supervising engineer). If you don’t have it, note visible contract boards at site, project codes on equipment, or logos on trucks/vests.
Personal injury & loss
- Medical records, doctor notes, receipts, photos of injuries during healing.
- Vehicle inspection/repair estimates; car valuation; rental or loss-of-use computations.
- Employment/income proof for lost wages; if informal, affidavits from clients plus bank/mobile-wallet histories.
Witnesses
- Other motorists, nearby vendors/guards, residents who can attest the hazard was unmarked or habitually unsafe.
Expert input (when needed)
- Accident reconstruction or traffic engineering opinions on required sight distance, taper length, and nighttime conspicuity.

How to proceed (step-by-step)

1) Get medical help & secure the scene

Prioritize treatment. If safe, take photos/video; ask companions or bystanders to do it.

2) Document fast

Return ASAP (with caution) for daytime and nighttime shots. Unmarked hazards get fixed quickly after an incident.

3) Identify the responsible parties

Note contract board details, equipment plates, company names, and the project owner (LGU, national agency, utility).

4) Demand letter (optional but useful)

Send a preservation and demand letter to the contractor and project owner, asking them to preserve CCTV, site logs, safety plans, and daily reports, and proposing inspection. This sets up bad-faith if they stonewall.

5) Decide your forum

Civil action for damages (RTC/MTC depending on amount).
Criminal complaint (reckless imprudence), which can carry the civil claim unless you reserve it.
Small claims may be possible for property-damage-only cases within the monetary cap (the cap is periodically updated—verify current limits).
Barangay conciliation is not required when the defendant is a corporation or when the claim falls within exceptions; otherwise, it can be a pre-condition for purely civil money claims between individuals in the same city/municipality.

6) Plead your theory clearly

Breach of duty: failure to put adequate warnings/barricades/lights and to maintain a safe work zone.
Causation: the unmarked hazard caused the crash/injury.
Damages: itemize and attach proof; claim moral/exemplary where justified.

7) Prepare for defenses

Contributory negligence: be ready with speed data, lighting photos, and sightline analysis.
Act of God: show the hazard existed before any sudden storm, or that reasonable precautions were still required.

Special situations

Nighttime crashes: Courts are especially receptive where there were no lights/retroreflectors and the hazard was not reasonably perceivable.
Two-wheel accidents: Loose gravel, ruts, and sudden level changes are unusually dangerous to motorcycles/bicycles—strong evidence if unmarked.
Pedestrians: Open pits and blocked sidewalks without safe alternate paths make for high exposure cases.
Multiple defendants: Don’t be shy about naming the prime, subs, and the owner—discovery will sort out apportionment.

Timing

Quasi-delict (Art. 2176) actions generally prescribe in four (4) years from the time you knew of the injury and the person responsible.
Criminal prescriptive periods vary by the gravity of the resulting offense (property damage, physical injuries, or homicide).
Don’t delay: signage gets fixed, and digital records are overwritten.

Quick checklist (copy-paste)

Accident date/time/location: __________
Photos/videos (day & night): hazard, approach path, sight distance
Official reports: police, EMT, towing, insurer
Medical: diagnosis, treatment, bills, prognosis
Property loss: repair estimates, valuations, receipts, loss-of-use
Income loss: payslips/ITRs/affidavits, client letters
Parties: prime contractor, subs, project owner (LGU/national/utility), site engineer
Evidence of missing/inadequate signs: none present? too close? not visible at night? no flagmen?
Demand/preservation letters: sent on (date) ____; courier/receipt no. ____
Witnesses & contacts: __________
Claims to file: civil (quasi-delict), criminal (reckless imprudence), or both
Reliefs sought: actual, moral, exemplary, temperate, nominal damages; legal interest; attorney’s fees; costs

Take-home

No warning signs at roadworks is a serious breach of duty; Philippine law lets you recover compensatory, moral, and exemplary damages when that negligence causes your injury or loss.
Target the contractor(s) and any responsible LGU (under Art. 2189) and be mindful of state-immunity issues with national projects.
Win with evidence: clear hazard documentation, causation proof, and a disciplined damages file.
Move quickly to preserve proof and choose the right mix of civil and (optionally) criminal remedies.

If you want, share your exact facts (when/where, day or night, what the hazard was, injuries/losses, and whatever IDs you captured on site). I can draft a tailored demand letter and a complaint template with a line-item damages computation.