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Who is Liable for a Motor Vehicle Accident in a Construction or Work Zone?

Anyone who has lived in New York City for even a brief amount of time knows that construction seems to never stop in the boroughs and the heart of the city. Whether you are on a highway or traveling city streets, the odds of you encountering a construction or work zone are probably higher than you would like. Not only can construction zones slow you down, but they can also be inherently more dangerous to drive through than other stretches of road.

What happens if that inherent danger comes to a head and you get into a motor vehicle accident while driving through a construction or work zone? How will that added caveat affect the liability for your accident and injuries? Liability in a construction or work zone will vary depending on who or which parties made what mistake to cause your crash, so it could settle on another driver, a construction firm, or multiple parties.

Negligent Drivers & Construction/Work Zones

When driving through a construction zone or work zone, motorists must abide by posted rules and regulations, as well as follow unposted laws that are always in effect. For example, most construction zones on highways in New York are 25 miles per hour or 20 miles per hour below the posted speed limit, whichever is greater. Drivers are also obligated to listen to instructions that might be given by a construction worker who is controlling traffic. When you drive through a work zone on a city street, pay close attention to the barriers that are constructed, any moving construction vehicles and Flaggers who are supposed to direct traffic.

While you might be careful to drive safely through a construction or work zone, there is nothing that says other drivers will.

Construction Firm Liability for Accidents

Companies at-work in a construction zone and adjacent building owners have unique responsibilities to ensure the safety of passing motorists. Failing to uphold these responsibilities can put the liability for an accident on that construction firm. For example, if there is no one from the construction crew handling the traffic flow, or if the barriers are placed improperly, then the fault for any collision could be placed on the construction company.

There are also construction and work zone accidents that involve obvious negligence on behalf of the construction company, such as dropping heavy equipment into the road and hitting a motorist. When such a mistake happens, the liability will be placed fully on that construction firm.

For all the legal guidance and representation that you need for a construction zone accident claim in New York City, Koenigsberg & Associates Law Offices has you covered. Our law firm is considered a local leader for motor vehicle accident and Access-a-Ride accident claims. Dial (718) 690-3132 to discuss your case with us during a free initial consultation.

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