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There are a lot of scenarios here and you have given very little information. I am not an attorney but generally speaking either the construction company or the other driver would be At Fault.

Depending on the severity of the accident it could take a court to determine fault. Was the worker waving you to stop or to go? Was the worker properly trained? Was he using the proper signalling devices?

Was the other driver also waived into the intersection or did he fail to heed traffic control? Are there any personal injury claims?

If you have collision insurance then it may be best to file a claim with your carrier and let them fight it out over the repairs. Your general liability will protect you from any claims by the other party up to your limits.

lwpat

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Q: If a highway construction worker waves you into an intersection and you are struck by cross traffic is it your fault?
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