In New York, warm weather means road construction; each summer, drivers must navigate orange barrels, adjusted speed limits, and potentially unsafe conditions.
In this article, we’ll discuss how summer road construction can lead to traffic accidents, who might be at fault, and how a New York Construction accident lawyer can help you if you’ve been injured in a car accident. If you have been injured in an accident during road construction, it’s possible that you have a case.
Call 1-800-NOW-HURT to speak to a car accident attorney at Buttafuoco & Associates and learn about your rights.
How Road Construction Zones Causes Accidents
While well-marked construction zones are intended to increase safety during construction, in some situations these zones can actually cause accidents. Some common causes of crashes in these areas include:
- Changing Speed Limits: To maintain a safe environment, construction zones often have lower speed limits; drivers who fail to slow down to the speed limit risk rear-ending other drivers, hitting a barrier, or losing control of their vehicle.
- Lane Shifts and Narrow Lanes: To accommodate construction and protect workers, construction zones often have narrow lanes and sudden lane shifts. Failure to navigate these carefully can lead to a serious crash.
- Uneven or Unstable Surfaces: Oftentimes gravel, new asphalt, or stripped pavement causes the driving surface to be uneven or unstable. This can lead to difficulty braking or controlling a vehicle.
Liability in a Road Construction Accident
When a car accident occurs in a construction zone, there are a number of parties that may be found liable:
- Drivers: Unfortunately, negligent driving is all too common, and these dangers are intensified in road construction zones. If a driver speeds, drives while distracted, fails to follow lane shifts, or ignores flagger instructions, the outcomes can be devastating.
- Construction Companies: Contractors are held to strict guidelines to manage traffic in construction zones, and failure to follow these guidelines can lead to serious accidents. If a construction company fails to provide sufficient warning signs, lighting, or barricades, they may be found negligent in the event of an accident.
- State or Local Government: Government bodies are responsible for most roads in New York. State highways are maintained by the New York State Department of Transportation (NYSDOT), and municipal or county governments maintain local roads. If there are inherently unsafe conditions related to the road construction, liability may fall to the governing body responsible for the roadway.
After a serious accident, drivers can demand compensation for their injuries and injury-related expenses from negligent parties. If you are unsure whether your accident was caused by negligence, a New York car accident lawyer can clarify next steps and hold the responsible party accountable if you have a case.
What if Multiple Parties Are at Fault?
If you were injured in a car accident in a construction zone, it’s possible that multiple parties can be found at fault for the accident. There are two key legal concepts that our New York construction accident attorneys suggest you be aware of:
- Comparative Negligence: Under Comparative Negligence laws in New York, even if you are partially at fault for an accident, you can still recover damages. This means that if another driver, the construction company, or a government agency is found more at fault, the injured party can recover compensation minus the proportion that they were found to be at fault.
- Joint and Several Liability: In the case of an accident where the injured party is not partially at fault, the case likely falls under Joint and Several Liability. In this framework, the plaintiff (the injured party) seeks economic damages from the party most at fault for the injuries.
Navigating the legalities of multi-party negligence can be challenging, but consulting with an attorney can provide direction.
How Buttafuoco & Associates Can Help
Determining who might be liable and under what legal framework best fits your case can be complex. This is why we recommend reaching out to an experienced New York car accident lawyer immediately.
At Buttafuoco & Associates, our legal team can gather the evidence, procure expert testimony, and build your case, so that you can focus on recovering.
Call 1-800-NOW-HURT today for a free consultation.