Frequent road construction across Westchester County means drivers often face changing traffic patterns, narrowed lanes, and unclear signage. While these projects are meant to improve safety and infrastructure, they can also lead to confusion and collisions. When an accident happens in or near a construction zone, figuring out who’s at fault becomes more complicated than in a typical crash.
How Road Construction Zones Complicate Liability
Construction areas create unpredictable driving conditions. Lanes may suddenly shift, speed limits can change without clear notice, and temporary signs or cones may be misplaced or missing. Drivers unfamiliar with the area might make sudden turns or lane changes to avoid hazards, increasing the risk of rear-end collisions or sideswipes. Even careful drivers can find themselves in a dangerous situation if barriers are set up incorrectly or debris is left in the road.
When an accident occurs, liability depends on whether a driver, a construction company, or a public agency acted negligently. But proving that can be difficult when the scene is constantly changing due to ongoing roadwork.
Parties That Could Be Held Liable
Several parties might share responsibility in a construction zone crash:
Another driver: A distracted, speeding, or aggressive driver who fails to obey construction signs can be found at fault.
The construction company: If workers set up barriers incorrectly, failed to post proper warnings, or left equipment in active lanes, the company managing the site could be liable.
A government agency: Counties or municipalities may be responsible if poor road design, inadequate maintenance, or missing signage contributed to the crash. However, suing a government entity in New York involves strict deadlines and procedural requirements that make legal help essential.
What Evidence Matters Most
Because construction zones change frequently, gathering the right evidence is crucial. Dashcam footage can show how traffic was directed or how other drivers behaved leading up to the crash. Photos or videos of road conditions, damaged barriers, or unclear signage can help reconstruct the scene. Witness statements from other drivers or workers can also support claims about negligence or unsafe practices.
If the accident happened at a county or state project, maintenance records and contractor logs may reveal who was responsible for managing safety in that specific area. These details often make a difference in determining who ultimately pays for damages.
Why Local Legal Representation Matters
Auto accident cases involving construction zones require a clear understanding of both New York traffic laws and government liability rules. As Westchester-based attorneys, we know the specific roadways, common construction sites, and how local agencies handle claims. Our team at Gash & Associates, P.C. has experience investigating these complex cases and holding negligent parties accountable. We can gather evidence, negotiate with insurers, and file the necessary paperwork if a government agency is involved.
FAQ
Can I sue the county for poor road conditions?
Yes, but there are tight filing deadlines and notice requirements. You typically must file a notice of claim within 90 days of the accident.
What if both a driver and a construction crew contributed to the accident?
New York follows a comparative fault system, meaning each party may be held responsible for their share of the blame. You can still recover damages even if you were partly at fault.
Is the road contractor liable for missing warning signs?
Yes. If a contractor failed to post adequate signs or barriers as required by safety regulations, they could be held liable for resulting accidents.
If you were injured in a construction zone crash in Westchester County, call Gash & Associates, P.C. in White Plains at (914) 328-8800 to discuss your legal options.
