Police have arrested and charged a driver in a deadly crash that killed 44-year-old Isabel Alvarez of the Bronx, who was a construction flagger. According to a WABC report, the fatal construction site accident occurred the morning of Sept. 19 on the Nassau Expressway at the Van Wyck Expressway. NYPD officials say 25-year-old Daveanand Budhai was driving at a high rate of speed when he hit Alvarez who was standing in a safety zone between the exit ramp and the eastbound lanes of the Nassau Expressway. Alvarez was pronounced dead at the scene.
Budhai reportedly did not remain at the scene and was located a short time later near South Conduit Avenue and 134th Street. He was taken to Jamaica Hospital Medical Center in stable condition and later placed into custody. Budhai is facing multiple charges including assault, leaving the scene of an accident and reckless driving among other counts. We offer our deepest condolences to the family of Isabel Alvarez for their tragic loss.
Hazards Faced by Construction Flaggers
Construction workers on highways in New York face serious dangers including:
Getting struck by vehicles: One of the biggest risks is being hit by drivers who fail to slow down, ignore signage, who are distracted or try to pass too close. Work zones, especially on highways, often have high-speed traffic, which means even small lapses can have fatal consequences.
Distracted or aggressive drivers: Drivers using phones, driving aggressively or ignoring traffic rules increase collision risks. Harassment of workers, erratic behavior and accidental intrusions into work zones are recurring problems on streets and highways.
Poor visibility: Flaggers must be visible to drivers. Low light, poor signage, inadequate reflective gear or obstructions can reduce visibility and slow drivers’ reaction times.
Inadequate training or miscommunication: If a flagger is not properly trained in recognizing danger, using signaling devices (stop/slow paddles) or communicating with other crew members, the consequences can be tragic.
Laws That Protect Workers in New York
The “Move Over” law in New York requires motorists to slow down and, if safely possible, change lanes when approaching certain stopped vehicles including construction and maintenance crews. Violations can result in fines and points on the driver’s license. Speeding in work zones is penalized more severely.
Under the Work Zone Safety Act, fines are increased, and after repeated violations, a driver’s license may be suspended. Automated Work Zone Speed Enforcement pilot programs have been introduced to monitor speed in work zones and issue notices of liability for violations.
Compensation for Injured Workers
An injured worker in New York City is entitled to workers’ compensation benefits, regardless of who was at fault for the accident. Workers’ compensation provides medical treatment, some wage replacement, and other benefits to employees who suffer work-related injuries or illnesses. In addition, workers may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for large monetary damages and have two sources of compensation available for their losses.
Examples of third parties include, but are not limited to, general contractors, construction companies, sub-contractors, building owners, managing agents etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a struck-by accident or any type of construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://abc7ny.com/post/driver-charged-woman-construction-flagger-directing-traffic-around-expressway-killed-queens-hit-run/17856275/