Three New York State Department of Transportation (DOT) workers suffered injuries after being struck by a vehicle in a work zone. According to news reports, the construction site accident occurred on Route 36 in Steuben County the morning of June 11 when an SUV driven by 30-year-old Brooke Burdett struck them in an active work zone. Two of the workers, identified as David C. Hall, 52, and Brian S. Schenk, 60, were transported to an area hospital while 30-year-old Joseph L. Zimmerman was airlifted to a hospital in Rochester.
All three victims are expected to survive, officials said. One of the workers was in serious condition, based on the report. A WETM report stated that Burdett was arrested on three counts of reckless endangerment in the first degree, driving while impaired by drugs and several other traffic violations. The investigation is still ongoing. Our thoughts and prayers are with all the injured workers and we wish them the very best for a speedy and complete recovery.
Authorities are asking motorists to exercise caution by “slowing down, moving over and paying attention” in highway construction zones and respect that workers are out on the roadways doing their job. Less than two weeks ago, Robert Bornt, a DOT maintenance supervisor, was killed on the job when a motorist who officials believe may have been distracted struck him in a work zone.
Move Over Law and Safety in Highway Work Zones
New York’s Move Over Law plays a critical role in protecting highway workers and other roadside personnel from injury and death. Originally enacted in 2010 and expanded several times since, the law requires drivers to slow down and, when possible, move over one lane when approaching vehicles stopped on the roadside with flashing lights. These vehicles include emergency responders, tow trucks, highway maintenance vehicles, utility trucks, and sanitation vehicles.
Highway and construction workers are particularly vulnerable because they often work just feet away from high-speed traffic. Inattentive or reckless drivers pose a serious threat to their safety. By mandating that vehicles move over or reduce speed, the law creates a buffer zone that gives roadside workers more room to operate safely. This is especially important on busy highways, where vehicles often travel at speeds that can turn even a minor collision into a fatal one.
Violating the Move Over Law can lead to significant penalties, including fines of up to $275, two points on a driver’s license, and possible jail time for serious or repeated offenses. Beyond legal consequences, failure to follow the law puts lives at risk. Drivers can help protect highway workers by staying alert, avoiding distractions such as texting, and being prepared to slow down or change lanes when approaching construction/work zones.
Compensation for Injured Workers
An injured worker in New York City may be 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 significant 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
Sources: https://www.eveningtribune.com/story/news/local/2025/06/11/work-zone-crash-injures-three-dot-workers-in-hornell-steuben-county/84153939007/
https://www.mytwintiers.com/crime/arkport-woman-arrested-after-nysdot-crash-involving-three-workers/