If you live or work on Long Island, you know how common it is to run into construction sites along the roadways. It’s great that construction workers are hard at work improving our roads, but construction zones can pose a significant inconvenience to the average driver in the meantime. Things like lane closures, shifting traffic patterns, decreased speed limits, and road hazards mean car accidents around construction zones are common.
If you’ve been hurt in a construction zone car accident, you may be wondering how to prove who’s at fault for your injury. Determining who is liable in a construction zone accident on Long Island isn’t always straightforward. Our experienced personal injury attorneys can help you determine who’s responsible for your injuries after a construction zone accident.
Determining Fault: Liability in Long Island Construction Zone Car Accidents
Accidents in construction zones typically involve multiple parties, and drivers aren’t always at fault. Various factors in construction zone accidents can impact who is legally responsible for your damages.
Driver Negligence
Driver negligence is a frequent cause of car accidents on Long Island, whether or not they occur near construction zones. Negligence includes common illegal driving behaviors, such as speeding and ignoring signage, which frequently occur around construction zones due to changes in speed limits and traffic patterns. Distracted or impatient driving is also common and can lead to an accident. If you were injured as a passenger in a construction zone car accident, liability may extend to a negligent driver.
Construction Company or Contractor
Sometimes, the construction company or contractor responsible for managing a construction zone can be liable for an accident. Poorly maintained construction zones can lead to accidents if drivers run into hazards. Improper zoning barricades, construction signage, and traffic changes may also cause the construction company to take on liability for an accident.
Government or Municipal Entities
Depending on where the accident occurs, the state or municipal government might also be liable for car accidents in construction zones. Inadequate safety measures or dangerous conditions on roads the government is responsible for maintaining could lead to government liability in a construction zone crash.
Shared Liability and Comparative Negligence in New York
Multiple parties, including the plaintiff, can be at fault in a construction zone car accident. New York law assigns liability based on “comparative negligence,” meaning that a negligent plaintiff may be found partially liable for their injuries. Courts divide fault between all negligent parties and reduce damages awarded to the plaintiff by the percentage for which they were found liable.
For example, a judge might rule that another driver was 80 percent responsible for your damages but that you were also responsible for 20 percent. If you are awarded $100,000 in damages, you will receive $80,000 after your award is reduced by the percentage for which you were found legally liable.
Common Causes of Car Accidents in Long Island Construction Zones
Common causes of construction zone car accidents on Long Island include:
- Lane shifts and closures – Construction sites often close lanes so that work may be completed, shifting traffic into a different lane to go around the work zone. This can cause cars to stop short or crash into each other while trying to merge into the new lane.
- Reduced visibility – Low-visibility conditions, such as those caused by bad weather or construction dust in the air, can impact drivers’ ability to safely avoid construction zones.
- Unclear signage – Work sites generally place signs informing drivers about decreased speed limits, lane shifts, and similar changes. If these signs are unclear, they can confuse drivers and cause accidents.
- Distracted driving – Construction zones often have distractions like loud noises and heavy machinery. Drivers can become distracted by construction sites and end up in crashes.
- Road surface hazards – Construction materials and debris on the road can lead to accidents if drivers run into or swerve to avoid them.
5 Steps To Take After an Accident in a Construction Zone in Long Island
Following these steps after a car accident in a Long Island construction zone will fulfill your legal duties as a driver involved in an accident and can help maximize your potential recovery.
1. Ensure Safety First
If it’s possible to move your vehicle to a safe location after an accident, do so immediately. Turn on your hazard lights to warn other drivers of the accident from a distance. Always avoid pulling onto the left shoulder if possible.
2. Call 911 to Report the Accident
Immediately call 911 to report the accident and request medical assistance for anyone injured. Give first responders important details, such as the make, model, and color of the cars involved and your location (e.g., the nearest mile marker, the specific street, or a landmark).
When the police arrive, they should create an accident report that will be useful for insurance claims and determining liability. If a person is hurt or killed in a car accident in New York, calling 911 and filing an accident report with police is legally mandatory. Failing to do so could lead to criminal charges.
3. Document the Accident
Document your accident after everyone is in a safe place and medical assistance has been provided. Take photos and videos of the accident scene and any vehicle damage. Document signage, road hazards, debris, poor lighting, and other factors that may have contributed to the accident. Be sure to collect contact and insurance information from all involved parties.
4. Report the Accident to Insurance
Report the accident to your no-fault insurance provider before the 30-day deadline passes. Avoid admitting fault or making statements that can be used as proof against you. Even apologizing can be seen as an admission of fault. To protect your rights against unscrupulous adjusters eager to deny your claim, it is best to consult an attorney before speaking with insurers.
5. Consult Our Experienced Construction Zone Car Accident Lawyers
Consult our skilled Long Island construction zone car accident lawyers right away after your accident. Our skilled legal team can identify liable parties, gather evidence, negotiate with insurers, and navigate the legal claims process on your behalf. Among other things, we will ensure your case is filed before the strict deadline set by the New York personal injury statute of limitations.
Why Choose Chopra & Nocerino to Represent You in Your Construction Zone Car Accident Case?
If you’ve been hurt in a car accident in a construction zone, Chopra & Nocerino can help. Our Long Island car accident attorneys have decades of combined experience handling injury claims across New York and a deep knowledge of local traffic laws and New York’s construction zone regulations. We understand the difficulties of driving in dense urban areas and our clients’ struggles after being injured in car accidents.
Our firm takes a client-centered approach to legal representation, prioritizing your needs and offering compassionate support and assistance throughout the life of your case. We have an extensive track record of successful car accident cases and have won millions of dollars in high-value case results for our clients.
Schedule a Free Consultation With Our Long Island Construction Zone Car Accident Attorneys
Don’t wait to seek legal help after a construction zone car accident. Our Long Island construction zone car accident attorneys are ready to discuss your case and ensure you know your full legal rights and options. Call (855) NYC-HURT or contact us online to schedule your free, no-obligation consultation. Para servir mejor a todos los miembros de nuestra comunidad, ofrecemos servicios en español.
