Who Is Liable for a Car Accident in a Construction Zone in New York?
Determining who is liable for a car accident in a construction zone in NY depends on the facts of the case. The possibilities include another driver, the construction company, or the government agency tasked with maintaining and caring for the road itself.
Generally, a driver involved in a car accident is the at-fault party. However, there are some cases when there are other liable parties. In a construction zone, this could include the construction company or the government agency responsible for maintaining the road. These organizations have a responsibility to take certain precautions to prevent accidents in construction zones, both to protect drivers and passengers and those working in the zone.
Potentially Liable Parties in a Construction Zone Accident in NY
Depending on the circumstances that led to your car accident, potentially liable parties include:
Like other car accident cases, another driver could be liable for the damages you suffered. Drivers have a responsibility to follow all traffic laws and use precautions when driving, especially in a construction zone where there are often additional hazards. Workers, other drivers, or even their own passengers could be at risk if they fail to follow the law.
These cases proceed like other types of car accident cases, although the rules for driving in a construction zone are often stricter than in an area where no workers are present. For example, construction projects often have lowered speed limits.
A Government Agency
Typically, government agencies maintain streets and roads. They are responsible for ensuring the roadway is safe for drivers. This responsibility includes installing signs warning drivers about construction zones, lane closures, lane shifts, and other hazards. Failure to do so, or take other steps to protect drivers, could result in liability following an accident.
If a municipality or government agency acted negligently and caused your accident, you will need to file a “notice of claim” (§ 50-E) quickly (i.e., within 90 days of the date of the accident,) to ensure you retain the right to take legal action.
The Construction Company
In some cases, a private construction company is handling the roadwork. If the construction company fails to give drivers adequate warning of the work, if there are hazards that endanger drivers, or there are other issues that cause accidents, liability could fall to the construction company.
Contributory Negligence Sometimes Plays a Role
Accident victims sometimes contribute to their own accidents even if they are not entirely at fault. If this occurs in your case, you could still recover compensation under New York’s Comparative Negligence Law §1411.
For example, imagine you were speeding when you hit an unexpected hazard in the roadway from the construction zone. You share a portion of the responsibility from the accident with a government agency or the construction company. This shared fault does not prevent you from holding them liable or recovering a partial payout. A car accident lawyer will help you navigate issues with contributory negligence and assist you in getting the compensation you are entitled to receive.
A Car Accident Attorney Will Review Your Case for Free
A car accident lawyer can determine who is liable for a car accident in a construction zone in NY. He will typically offer free case reviews of all car accidents in and around New York City. If your case has merit he will take on your case and help you pursue compensation. This service should include:
- Keeping you updated on your case
- Identifying liable parties, including other drivers, government agencies, and construction companies
- Communicating with all parties for you
- Gathering evidence
- Determining a value for your case
If you retain the lawyer for your case in time, he will file your notice of claim against a government agency or take other steps necessary to protect your right to recover compensation. After building a case on your behalf, he will take action to pursue the payout you deserve through an out-of-court settlement or depending upon the unique circumstances of your accident, a civil suit, if necessary.
Talk to a Car Accident Attorney in NY About Your Construction Zone Accident
If you need to determine who is liable for a car accident in a construction zone in NY where you suffered injuries, the attorneys from Friedman & Simon, L.L.P. can help. We are proud to be passionate advocates for the injured and will evaluate your case at no charge. We even have multilingual staff (Spanish, Greek, Bengali, Tamil, and Kannada) and serve Jericho, NY and Greater NYC.
We will pursue the compensation you deserve based on the facts of your case, no matter if the liable party is an individual, business, or government agency. Call us now at (516) 932-0400 for your free initial consultation with a member of our team.