TRENTON, N.J. — A bill sponsored by Sen. Latham Tiver that would increase criminal penalties for drivers who cause a death in a highway work zone advanced last week from the Senate Law and Public Safety Committee.
The legislation was introduced in response to the death of Allen Adams, a construction worker who was struck and killed by an alleged drunk driver while working in a construction zone on Route 9 in Toms River.
Under current law, reckless vehicular homicide is typically a second-degree offense, carrying a penalty of five to 10 years in prison. Charges may be elevated to a first-degree crime — with a penalty of 10 to 20 years — only in limited situations, such as when the crash occurs in a school zone or involves a driver with a revoked license.
Tiver’s bill would allow prosecutors to upgrade charges to a first-degree crime when a fatal crash occurs in an area of highway construction or repair, or in a designated safe corridor.
“What happened to Mr. Adams was a highly avoidable tragedy committed by a selfish person who ignored not only our laws but work zone safety warnings. Mr. Adams was a skilled worker doing his job to support a family who will never get to see him again. He, along with every construction worker in our state, deserves to be safe while on the clock, repairing our infrastructure,” said Tiver (R-8), who has worked his entire adult life as a heavy machinery operator for Operating Engineers Local 825.
“Work zone warnings exist for a reason. They are meant to alert motorists of the men and women who are busting their asses on the side of the road, repairing and enhancing our infrastructure. It is an inherently dangerous job, and drivers need to respect that. The alleged drunk driver in this instance showed that he did not value human life when he disregarded those warnings. People who disregard the life of others, causing this level of tragedy, deserve to be locked behind bars for a long time,” Tiver continued.
