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Car Accidents in NYC Construction Zones: Who is Responsible? New York Car Accident Lawyer Explains

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Work zones are a common site across New York. With lane closures, metal road plates, and heavy equipment diverting traffic, work zones can create dangerous driving conditions with little to no warning. When accidents happen near or in construction zones, determining who is responsible can be quite the challenge. At Alex Yadgarov & Associates, we understand that accidents in NYC construction zones come in all shapes and sizes. In this post, we will be stepping into the shoes of a New York car accident lawyer and explaining how liability for car accidents in construction zones is determined.

What are the causes of NYC work zone accidents? 

In New York, accidents on or near construction zones are primarily caused by factors such as:

  • Speeding

  • Distracted Driving

  • Poor lighting

  • Inadequate signage and detour instructions 

  • Untrained or inattentive flaggers 

  • Damage and obstructions to the road (e.g., potholes, barriers) 

Who can be liable for work zone accidents? 

Based on the facts and circumstances of a work zone accident in NYC, different persons and entities can be held liable for the accidents. They include:

  • Negligent drivers—When drivers ignore all warnings connected with the work zone and an accident is caused, they may be held liable for the accident and the damages caused. 

  • Construction crews and contractors—If the construction workers and contractors have not followed strict safety guidelines and the non-adherence has led to the accident, contractors and construction crews may be held liable for damages.

  • Equipment or vehicle owners—If heavy vehicles and equipment are directly involved in the accident or contribute to the accident, the owners can be held fully or partially liable for the accident.

  • Flaggers and traffic controllers—Flaggers and traffic controllers have an important role to play in controlling traffic around work zones. If a flagger is untrained, inattentive, or doesn’t properly communicate instructions, it can lead to crashes where the controllers may be held liable. The liability can also extend to supervisors for failing to properly train and supervise individuals.

  • DOT—The NYC Department of Transportation and the NY State Department of Transportation can be held liable for work zone accidents if they fail to approve or oversee work zone regulations. They may also be held responsible if poor road conditions also contributed to the accident.

What steps should you take after a work zone crash in NYC? 

Being involved in a work zone accident can be an overwhelming experience, and people can be lost on what needs to be done. What you do in the immediate aftermath of the accident will matter a lot, and as your accident lawyer in NYC, here’s our advice on the steps you need to follow. 

  • Contact 911 to report the accident and request assistance. 

  • If injured, receive immediate medical attention. 

  • Document the scene and gather other relevant evidence (e.g., accident reports, CCTV footage, dashcam footage, etc.) 

  • Contact an accident lawyer in New York to understand your rights and liabilities. 

  • Contact the insurance company and notify them about the accident. 

  • Do not communicate with anyone without legal counsel.

  • Do not post about the accident on social media.

  • Do not make any recorded statements or speculate about the details of the accident.

Conclusion

If you were injured in a car accident in an NYC work zone, determining who is responsible is the first step to claiming compensation, but this can be quite the challenge. If you want to overcome this challenge and get the compensation you deserve, then Alex Yadgarov & Associates are here to help. As experienced NYC car accident attorneys, our team will guide you through the steps, investigate the circumstances, find who is responsible, and fight to secure the compensation you deserve. Don’t let anyone delay or minimize your claim. Contact us and schedule your free consultation with us.

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