Abstract: At approximately 12:20 p.m. on October 9, 2000, Employee #1, who was the foreman, and three coworkers were sealing cracks in the southbound lane of Highway 50. Employee #1 and one coworker were operating a tar pot and using an injector wand to force hot tar into the cracks to weatherproof the road surface. They were using a full-size pickup truck to tow the tar pot from one location to another. A second coworker was acting as a flagman and was stationed approximately 200 ft north of the sealing operation. He was wearing a reflective vest and orange hat, and was equipped with a 6 ft tall by 18 in. wide sign that read STOP on one side and SLOW on the other. It took Employee #1 and the coworker approximately three minutes to fill each crack; when they finished, they would tell the flagman before repositioning to the next crack. The flagman stated that a number of trucks passed through the location each day, carrying rocks from a local quarry. At the time of the accident, a 1995 International dump truck towing a 1979 Fruehauf dump trailer was traveling southbound. The construction zone was marked as such at each end and posted at 50 mph, with fines doubled for speeding in the designated work area. Employee #1 and the two coworkers were situated approximately 1.5 miles from the beginning of the work zone. The flagman observed the dump truck traveling at a high rate of speed and tried to slow it down and divert it to the road shoulder. This placed Employee #1 and his coworker sandwiched between the traffic traveling normally in the northbound lane and southbound traffic diverted onto the shoulder. The flagman later stated that the dump truck failed to yield and did not slow down as it approached. He shouted to Employee #1 and his coworker, alerting them of the approaching truck. The coworker ran to the west and dove into the ditch on the other side of the shoulder. Employee #1 headed east across the northbound lane. When the dump truck finally attempted to stop, it went into a skid. It struck the left rear of the tar applicator, pushing it into the pickup truck and causing severe damage to both vehicles. Employee #1 became caught between the right side of the dump truck and the left side of the tar applicator; he was killed.