I was traveling on the freeway. The carpool lane and adjacent lane were blocked off with cones. I began to merge away from the construction area because of the "blinking arrow." I merged over two lanes away from the construction area. There was a knocked over cone that I could not avoid because of other vehicles. I had no place to go except to hit the cone. Now I have a cracked front bumper, dented fender, and other damage underneath my vehicle. I have two estimates of the damage. The construction company is claiming they were not in that area the night in question. Cal trans is telling me they were. Will I stand a chance in court if i sue the construction company?