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Was construction truck driver guilty of negligence?

New Jersey drivers are often warned to take extra precautions in construction zones in order to avoid accidents that could kill or seriously injure workers. However, that does not mean that the workers themselves do not have the same responsibility to motorists. Construction workers operating vehicles in these zones also need to be cautious because their negligence could result in an accident in which someone is injured or killed.

For instance, the New Jersey State Police recently responded to an accident in a construction zone on the south side of the Garden State Parkway involving a construction truck, a motorcycle and another vehicle. The preliminary report indicates that the construction truck pulled off the median into the lane of travel, and a motorcycle collided with it. After the initial impact, another vehicle struck the motorcycle.

The motorcycle driver suffered fatal injuries and died at the scene. The investigation into the crash is ongoing. The construction truck was seized and taken to be inspected. Investigators are also attempting to determine what other factors, if any, might have played a role in the crash. At this point, charges have not been filed against either surviving driver.

In the meantime, the family of the deceased motorcyclist may file a wrongful death claim against all of the parties who are deemed to be responsible for the death of their loved one -- this includes the construction company since the truck driver was working at the time of the crash. If the family establishes that the victim's death was due to the negligence, the court may consider an award of damages allowable under state law. A monetary judgment will not bring back their loved one, but it could provide them with some restitution for the unexpected expenses incurred because of this tragedy.

Source: app.com, "Man killed in Garden State Parkway motorcycle crash", Steph Solis, May 12, 2015

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