Motor vehicle accidents in roadway construction zones are not atypical occurrences. Often, a driver approaching an appropriately signed and set-up roadway construction zone fails to realize that the driving environment has changed – sometimes radically – and fails to appropriately adjust their driving behavior to safely navigate the construction zone. However, occasionally, traffic control devices and warning devices such as signs are not placed according to MUTCD, or other state or agency mandated standards, or what were once appropriately placed traffic control devices have fallen into a state of disrepair after being subjected to repeated strikes by passing traffic. Disarrayed traffic control devices confuse drivers and cause unsafe spatial relationships between moving vehicles. Driver confusion and close-quarter operation of vehicles within deficient construction zone set-ups are often the secondary and tertiary contributing factors of motor vehicle accidents in roadway construction zones.

In substantial NJDOT roadway construction projects, the resident engineer (RE) in charge of the roadway constriction project is responsible for drivers’ safety as those drivers pass through the construction zone and the RE is responsible for the designation of a member of the project staff as the person responsible for the implementation and maintenance of the project’s traffic control plan. The Traffic Control Coordinator (TCC) is a full-time, supervisory level position who must be available on a 24-hour a day, 7-days a week basis, who is responsible for the implementation and maintenance of the traffic control plan. NJDOT assigns a minimum of 14 specific duties and responsibilities to the TCC. One responsibility is the completion of a daily inspection and documentation of the placement and maintenance of the construction zone traffic control devices and the maintenance of lightbulbs, message signs, and other similar equipment affixed to traffic control devices associated with driver safety in the construction zone.

Properly designated TCCs must complete the Rutgers CAIT Traffic Control Coordinator Program or an equivalent course approved by NJDOT’s Office of Capital Project Safety. The TCC must complete an approved TCC refresher course every two years.

Motor vehicle accidents occurring in roadway construction zones are complex events. We at Westfield Investigative Group, LLC, are Rutgers CAIT trained and holders of current Rutgers CAIT TCC certification. We are experienced in the investigation of motor vehicle accidents occurring in roadway construction zones and is aware of the TCC’s duties and responsibilities.

The United States Coast Guard’s 2018 Recreational Boating Statistics contains statistics on recreational boating accidents and state vessel registration.  In 2018, the Coast Guard counted 4,145 accidents that involved 633 deaths, 2,511 injuries and approximately $46 million dollars of damage to property as a result of recreational boating accidents.

Where boating safety course instruction was known, 74% of deaths occurred on boats where the operator did not receive boating safety instruction.  Only 18% percent of deaths occurred on vessels where the operator had received a nationally-approved boating safety education certificate.  Operator inattention, improper lookout, operator inexperience, machinery failure, and excessive speed rank as the top five primary contributing factors in accidents.

In New Jersey, a person less than 13 years of age may not operate a motorized vessel.  A person 13 through 15 years of age may operate a vessel powered by an electric motor or vessels 12 feet or longer and powered by a motor less than ten horsepower only if they have successfully passed a boating safety education course approved by the New Jersey State Police.  A person under the age of 16 may not operate a PWC.  A person 16 years old or older, may operate a motorized vessel if they have successfully completed an approved boating safety course.

The Westfield Investigative Group, LLC investigates pleasure boating, personal watercraft, and towed watersports accidents and incidents.  We also offer to the legal community consultation regarding the curriculum of the boat safety course, instruction methods, and final examination requirements.  Those students who successfully complete the final exam have demonstrated an understanding of basic boating knowledge necessary for safe boating.  Involvement in an accident or incident is an indicator that the boat course trained boater failed to act in accordance with their training.

Vehicular police pursuits are allowed for certain offenses, however, vehicular pursuits for traffic offenses are generally not authorized. A police officer has the authority, at all times, to attempt the stop of any person suspected of having committed any criminal offense or traffic violation. When deciding to pursue a police officer must consider certain factors. The police officer must reasonably believe that the violator has committed an offense of the first or second degree, or certain other offenses, or must reasonably believe that the violator poses an immediate threat to the safety of the public or other police officers. A pursuit for motor vehicle offenses is not authorized unless the violator’s vehicle is being operated so as to pose an immediate threat to the safety of another person.

A police officer’s decision to pursue a vehicle should always be undertaken with an awareness of the degree of risk to which the law enforcement officer exposes to themselves and others. The officer must weigh the need for immediate apprehension against the risk created by the pursuit.

The Westfield Investigative Group, LLC is experienced in investigating police vehicular pursuits. To date, we have conducted police procedures and police pursuit investigations in New Jersey, New York, and Pennsylvania. Our investigations include reviews of the officers’ actions in the light of pursuit guidelines and standard operating procedures in the circumstances known to the officer at the time of the pursuit and the review of all forms of police pursuit documentation.

Please see our website www.westfieldinvestigative.com for additional police procedures review services including police conflict of interest matters, inadequate investigations, police officer dispatching, police emergency and non-emergency driving, police response to calls for service, police actions in roadway construction zones and other police procedures matters.

May 2016:  An improperly conducted police vehicular pursuit and improper police procedures matter settled for $1,500,000 prior to trial.

The matter involved an unmarked police vehicle in pursuit of a speeding vehicle.  During the course of the 31-second, three-tenths of a mile pursuit, the police vehicle attained speeds up to 74 mph in a 25 mph residential neighborhood.  While attempting to apprehend the vehicle, the police vehicle struck a not-involved passing vehicle in an intersection.  The passing vehicle overturned and the driver sustained serious injuries.  The speeding vehicle was never apprehended.

Steve was retained to investigate the police pursuit and subsequent crash, and to evaluate the actions of the pursuing police officer in the light of the New Jersey Attorney General’s Police Vehicular Pursuit Guidelines.

In his investigation, Steve used downloaded data from the police vehicle’s Event Data Recorder (black box), and merged it with GPS data from the same police vehicle’s dash camera, and merged that data with information from video files taken from a nearby home surveillance camera system.  When all data were combined, Steve was able to identify with precision the police officer’s actions and inactions during his identification of the speeding vehicle, the pursuit of the vehicle and the crash involving the passing vehicle.

Steve’s investigation of the pursuit found that the investigating police officer failed to conduct an appropriately comprehensive investigation of the pursuit and the actions of the pursuing police officer.  A subsequent report was authored where commentary regarding appropriate police procedures was made.

The case particulars were published in the May 2016 Edition of New Jersey Jury Verdict Review and Analysis.  Click HERE to view the summary and analysis.