I Was In A Car Accident Caused By Uneven Paving In A Construction Area. Can I Sue?

by Friedman & Ranzenhofer, PC on December 29, 2010

in Buffalo Car Accidents

When road work is undertaken in Buffalo, there are specific regulations regarding what steps that should be taken to protect motorists traveling through the work area.  If an individual suffers a serious personal injury because these regulations were violated, he or she may be able to proceed against the municipality responsible for maintaining the road and — in some cases– the entity performing the roadwork based on their negligence.

Generally, courts will distinguish between roads that are under construction and those that are not.  The roadway in a construction zone is not expected to be in as good a condition as other roadways.  As a result, the viability of a case in a construction zone often revolves around whether drivers have been appropriately warned of the hazards within the construction zone.  How signs were posted, whether flagmen were used, and similar issues are critical to such cases.

Many of the regulations surrounding how construction zones should be set up are found in the federal Manual on Uniform Traffic Control Devices and the New York State supplement to this document.  There are also several court cases that examine specific issues regarding construction zones. 

If you have been injured in a construction zone automobile accident, you should consult with an experienced attorney.  Please feel free to call us at 716-542-5444.

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