We all know those roads that always seem to be under construction. In New York City and Long Island, there are strict rules for navigating construction zones. Many of these traffic rules are in place to protect construction crews who must work in these hazardous job sites, but other rules are there to protect the motoring public and prevent accidents and personal injuries.
When someone gets into a car crash, motorcycle accident, or semi-truck collision in a construction zone, the injuries and damages can be devastating. But who is at fault? Who must pay for all the harm that is done? To understand liability for construction zone crashes, it is important to first understand a little about how New York law treats motor vehicle crashes.
If You Are a Construction Worker
If you are a worker performing job-related duties on a job site and you are injured by a negligent driver, then you likely have two separate cases. First, you probably have a right to file a workers’ compensation case with your employer’s workers’ compensation insurance carrier. However, you may also have a right to pursue your personal injury claim against the driver who caused your injuries.
If You Are a Driver
If you are in a car or other traditional four-wheel vehicle and get into a wreck in a construction zone, New York’s “no-fault” law requires you to first notify your own insurance company and make a claim under your personal injury protection (PIP) policy. Once you have exhausted the coverage available through your PIP coverage and met certain statutory qualifications, you may pursue your claim against the at-fault driver who injured you.
For example, if you suffered serious injuries, you may be able to bring a third-party liability claim against the other driver. You also have the option to take legal action against the at-fault party. A personal injury lawsuit allows you to seek additional damages, such as pain and suffering.
If You Are a Motorcyclist or Motorcycle Passenger
Motorcyclists and their passengers are not exempt from the requirement to carry PIP insurance, in spite of common myths about insurance requirements for motorcyclists in New York.
However, they do not have to meet any statutory threshold of injuries in order to pursue their claim against the at-fault driver. Therefore, if you are injured on a motorcycle in a construction zone and it was someone else’s fault, you can immediately pursue your claim against that person’s insurance company.
Proving Who Is at Fault
This is often one of the toughest parts of an insurance claim. After all, insurance companies are only required to pay if their driver was at-fault. You have to prove the other driver’s negligence caused your accident.
Negligence just means acting in a way that is unreasonable under the circumstances. So, auto accident attorneys use many things as evidence to show negligence. For instance, if the other driver was guilty of any of the following, it could be strong evidence of liability:
- Speeding
- Tailgating
- Passing on the right
- Texting and driving
- Driving under the influence
An attorney from our firm can work to establish the four elements of negligence in your case.
Applying the Four Elements of Negligence
Four specific factors must come into play for you to demonstrate the liability of another party. This allows you to seek compensation for your injuries.
Duty of Care
Someone must have owed you a basic duty of care. This means they are responsible for keeping you reasonably safe. All motorists owe a duty of care to other drivers, their passengers, and pedestrians.
Breach of Duty
When a person acts without regard for everyone’s safety, accidents can occur. You have to show how the party in question breached their duty of care.
Causation
You also have to show that the other party’s actions caused your accident. For example, another driver may fail to observe the speed limits in a construction zone and rear-ends you.
Damages
Lastly, you have to demonstrate that you suffered injuries and losses due to the accident. Medical documentation, along with other evidence, can help you link your injuries to the accidents.
Special Construction Zone Laws
New York law prohibits cell phone use behind the wheel unless you are using a completely hands-free mechanism. This means no texting. Since about 2013, the state has had “texting zones” set up around the state on major throughways and highways to allow people to pull over and use their phones. Otherwise, texting is still entirely illegal.
In a construction zone, things are even more strict. Drivers who speed through a construction zone are making a big mistake. Not only are speeding fines doubled, but by breaking the law, this can be used as evidence of negligence.
The Statute of Limitations Applies to Construction Zone Accidents
Like any other personal injury case, you have a limited time to file a lawsuit after a construction zone accident. According to CVP § 214, you generally have three years to file your suit. If you lost a loved one, you generally have only two years to file a wrongful death lawsuit, under EPT § 5-4.1.
Missing these deadlines could result in the court dismissing your case. You could lose your last chance to hold a negligent party responsible for your losses. Don’t let time slip away. We can begin working on your case immediately after you call for your free consultation.
Keep in mind that the sooner you act, the better. It takes time to build a case. We may also begin seeking compensation through an insurance claim. Settlement negotiations can take longer than you expect, but they do not stall the statute of limitations.
How Our Injury Attorneys Can Help
While you focus on resting and recovering from your injuries, our legal team can handle your case.
Along with establishing the liability of another party, we can:
- Gather evidence, including police reports, traffic camera footage, and expert witness testimony
- Complete and submit all the necessary paperwork for your claim or lawsuit
- Assess settlement offers
- Negotiate for fair compensation
- Abide by any deadlines that apply to your case
- Represent you in a trial
A settlement or verdict can help you recover and get your life back to normal. We can shoulder the burden of the legal process for you. You won’t have to worry about proving another party’s liability or hassling with insurers or defense attorneys when you have us on your side.
Getting Help After a Construction Zone Wreck
If you or a loved one was involved in a crash in or near a construction zone, contact the Law Office of Cohen & Jaffe, LLP today. There are a lot of ways for drivers to negligently operate their vehicles in a construction zone, whether it is getting distracted by lights and signs or overcorrecting and not following temporary street lines.
Fortunately, our attorneys have years of experience helping clients hold negligent drivers accountable for their actions. Call us at (516) 358-6900 or visit us online today for a completely free case consultation.
