Family, coworkers and state officials gathered in White Plains on Friday, October 30, to say goodbye to Jamil B. Wilson, a 47-year-old New York State Thruway Authority maintenance worker who was struck and killed while mowing the shoulder of Interstate 287. As a Westchester wrongful death lawyer team, we at Chaikin Trial Group extend our deepest sympathies to Mr. Wilson’s family and colleagues. His death is a painful reminder of how dangerous roadside work can be, and of the rights families have when a worker is killed by a negligent driver.
According to News 12 Westchester, funeral services were held Friday as officials urged drivers to slow down, and New York State Police had no new updates on the investigation.
What Happened on I-287 in White Plains
As reported by the Newport Dispatch based on New York State Police information, the crash happened at about 2:17 p.m. on Monday, October 19, 2026, on westbound I-287 (the Cross Westchester Expressway) near mile marker 3.9 and the Exit 6 off-ramp in White Plains.
Police said a 2026 Nissan traveling in the right lane moved onto the shoulder, re-entered the travel lane and struck the rear of a 2025 Mazda. The Nissan then left the roadway onto the grassy shoulder and struck Mr. Wilson, who was operating a mowing tractor. He was taken to Westchester Medical Center, where he died. The Nissan’s driver and the Mazda’s driver and passenger were also taken to Westchester Medical Center with non-life-threatening injuries.
Mid-Hudson News reported that Mr. Wilson had worked for the Thruway Authority for about six years as part of a mowing crew, and that no other crew members were hurt. State Police Troop K’s Bureau of Criminal Investigation and Collision Reconstruction Unit are investigating. As of Friday, no charges had been reported.
Thruway Authority Executive Director Frank Hoare told News 12 that the death was “a needless, senseless act that did not need to happen if the driver had been paying attention.” According to The Journal News, Gov. Kathy Hochul ordered flags on state buildings flown at half-staff on October 30 and had the Gov. Mario M. Cuomo Bridge lit orange in his honor, urging drivers to “slow down in work zones” and move over for stopped vehicles. Mr. Wilson leaves behind his fiancée, two children, his mother and siblings.
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Why Highway Work Zone Accidents Happen
Roadside crews work just feet from traffic moving at highway speeds, often with little more than a shoulder separating them from passing vehicles. Common factors in work zone crashes include distracted or inattentive driving, speeding, following too closely, drifting out of the lane, and impaired driving. We do not know what caused the I-287 crash; that is for investigators to determine.
The national numbers show why work zone safety matters. According to the Federal Highway Administration, 891 people were killed in work zone traffic crashes in 2022, and 94 highway workers died on the job at road construction sites that year. The American Traffic Safety Services Association, citing an FHWA fact sheet, reports that 850 people were killed in work zones in 2024. Behind every one of those numbers is a family like Mr. Wilson’s.
New York’s Move Over Law (Vehicle and Traffic Law § 1144-a) requires drivers to slow down and, when it is safe, move over for stopped emergency and hazard vehicles, including highway maintenance vehicles, and in recent years it was expanded to cover any vehicle stopped on the shoulder with its hazard lights on. Drivers must also obey reduced work zone speed limits.
Your Legal Rights After a Work Zone Death in New York
When a worker is killed on the job by a driver who is not a coworker or employer, the family may have two separate paths to compensation. A Westchester wrongful death lawyer can help sort out both.
- Workers’ compensation death benefits. Under New York’s workers’ compensation system, a surviving spouse and dependent children may be eligible for weekly death benefits and funeral expense reimbursement, regardless of who was at fault. In most cases, workers’ compensation is the only remedy against the employer itself.
- A third-party wrongful death claim. Workers’ compensation does not prevent a family from bringing a claim against a negligent third party, such as a driver who left the roadway. New York’s wrongful death statute (EPTL 5-4.1) allows the personal representative of the estate to pursue damages on behalf of the family, and a related survival claim may cover the worker’s conscious pain and suffering before death. Any recovery is generally subject to the workers’ compensation carrier’s lien, which an experienced attorney can address.
- Deadlines. A wrongful death action in New York generally must be brought within two years of the date of death. If a government entity may share responsibility, much shorter notice deadlines (often 90 days) can apply. Laws change, and every case is different, so families should speak with a lawyer as soon as they are ready.
Coworkers and other motorists hurt in a work zone crash may also have claims, including No-Fault benefits and, if they meet New York’s serious injury threshold, a lawsuit against the at-fault driver.
What To Do After a Work Zone Accident
- Get medical care immediately and follow up with your doctors, even if injuries seem minor.
- Report the injury to your employer in writing as soon as possible, and file a workers’ compensation claim.
- Request the police accident report and note the investigating agency (here, New York State Police Troop K).
- Preserve evidence: photos, names of witnesses, work orders, crew assignments, and any dashcam or traffic camera information.
- Do not give recorded statements to the at-fault driver’s insurance company before speaking with a lawyer.
- Talk to a work injury and wrongful death attorney about both the workers’ compensation claim and any third-party claim.
How Chaikin Trial Group Can Help
Chaikin Trial Group represents injured workers and grieving families throughout Westchester County, New York City and Long Island. Our wrongful death lawyers and work injury attorneys understand how workers’ compensation and third-party claims fit together. We investigate crashes independently, work with accident reconstruction experts, and handle communication with insurers so families can focus on each other.
We also handle construction and roadwork accident claims, car accident cases, and a full range of personal injury matters. Earlier this fall, we also wrote about a fatal pedestrian crash on the Sprain Brook Parkway in Greenburgh. See the areas we serve, review our case results, or read our FAQs.
Free consultation. No fee unless we win. If you lost a loved one or were injured in a work zone or highway crash, contact Chaikin Trial Group online.
Frequently Asked Questions
Can a family sue for wrongful death if the worker was covered by workers’ comp?
Generally, a family cannot sue the employer, but a wrongful death lawsuit in NY can still be brought against a negligent third party, such as a driver who struck the worker. Workers’ compensation death benefits and a third-party claim can proceed at the same time.
What is New York’s Move Over Law?
The New York Move Over Law requires drivers to slow down and move over, when safe, for stopped emergency vehicles, hazard vehicles such as highway maintenance trucks, and other vehicles stopped on the shoulder with hazard lights flashing. Violations can result in fines and points.
How common are work zone accidents?
According to the Federal Highway Administration, 891 people died in work zone accidents nationwide in 2022, including 94 highway workers killed at road construction sites. Many more are injured each year.
Do I need a Westchester personal injury lawyer if I was hurt in a work zone crash?
Not every case requires a lawyer, but serious injuries often involve overlapping workers’ compensation, No-Fault and liability insurance. A Westchester personal injury lawyer or White Plains personal injury lawyer can explain your options at no cost in a free consultation.
Conclusion
Jamil Wilson went to work to keep Westchester’s highways safe and did not come home. His loss is a reminder to every driver to slow down, put the phone away and move over in work zones. If your family has lost someone in a highway or work zone crash, a Westchester wrongful death lawyer at Chaikin Trial Group can help you understand your rights. Contact us online for a free, confidential consultation.
This post is for general informational purposes only and is not legal advice. Prior results do not guarantee a similar outcome. Attorney Advertising.