Lack of Traffic Controls Results in Car Accident

Case Overview

This case involves a driver who was driving through a road work zone where multiple lanes of traffic merged into one with no warnings or controls, despite a police presence. As cars merged into the single lane, a man who was driving a minivan with his family inside was struck by a tractor trailer, causing serious injuries. It was claimed that the traffic controls in place at the site of the merge were insufficient, and that a more significant police presence was required.

Questions to the Law Enforcement expert and their responses

Have you previously served a traffic control function at roadway construction zones? If so, please describe.

During my tenure of 20 years as a uniformed police officer in the NYPD I have on numerous occasions performed traffic control duty. While working as a Sergeant in the NYPD Police Academy I was also assigned to the Manhattan Traffic Division where I supervised police officers on traffic control duty.

What rules, regulations, or norms apply to traffic control in such situations? Is there a recommended means by which to merge lanes of traffic?

The rules of traffic control vary depending on the situation. I would need to review the collaborative effect of the traffic control devices, signage, the element of danger and police presence to determine the best practices. Signs that direct a motorist to prepare to merge should be in place that allows motorists ample time to merge. On faster highways, the preemptive signs to merge should be displayed further forward than slower roadways. I also reviewed vehicle accident reports and the proper placement of police personnel on traffic posts.

About the expert

This expert has over 30 years of experience in the field of criminal justice and law enforcement procedures. He is recognized by the United Nations Associated Press as an expert in police tactics, procedures, and investigations. He earned his BS in organizational management from St Joseph's College, followed by his MPA from Marist College and his EdD from Fordham University. This expert previously served at the New York City Police Department for 20 years as a police officer on the civilian complaint review board, as a detective in the internal affairs bureau, as a sergeant and instructor in the police academy, as a lieutenant in the department of personnel, as an investigative supervisor in the internal affairs bureau, and as a police supervisor and community relations and integrity control officer in the community affairs bureau. Following his retirement from the New York City Police Department, this expert worked as an adjunct professor of criminal justice at Fairleigh Dickinson University. Currently, he serves as an adjunct professor of criminal justice at two universities and as a founding partner at a public safety and policing consultancy in New York.

E-071642

Specialties:

Law Enforcement