The road and it's construction have nothing to do with the negligence of the driver. You are not to proceed on a road at any speed unless it is clear to do so safely. You are not to operate a vehicle under any impairment. That's the responsibility of driving. There is no "right" to drive". It's a privilege.
As it states in the Ca. DMV handbook, "collisions are NOT accidents" and a collision will result in points applied to the NOTS.
[h=5]"Negligent Operator Points[/h]
NOTS actions are based on the number of negligent operator "points" drivers add to their driving record within specified time periods. Negligent operator points are added to the driving record upon receipt of conviction notices from courts and reports of responsible collisions from law enforcement which indicate that the driver contributed, was at fault, or was responsible to any degree or in any amount for the collision. The initial reporting of the responsibility for a collision by law enforcement can be refuted by credible evidence presented by the driver at an administrative hearing. The department shall consider all evidence submitted in reaching a final determination with regard to the driver's negligent operator status.
[h=5]Criteria[/h]
Traffic convictions are assessed negligent operator point values ranging from zero up to three points. A major conviction when the driver is operating a commercial vehicle, is given a three point count. A responsible collision is counted as one point count whether it occurs in a commercial or noncommercial vehicle.
Points are assigned to convictions for traffic violations that involve the safe operation of a motor vehicle. Point count traffic convictions are listed in Appendix A, the DS 551, Common California Vehicle Code Violations Used in Negligent Operator Count."