Published: July 25, 2008 02:22 am            

ACCIDENT: State DOT worker dies from injuries suffered in crash

A state Department of Transportation worker, struck by a car while working in the Town of Niagara on Wednesday, has died from injuries he suffered in that crash.

Kevin Forsyth, 46, of Ransomville had been in critical condition at the Erie County Medical Center. He died Thursday morning.

A Newfane native, Forsyth also resided for a while in Lockport.

Forsyth was struck when a car driven by Frank Serba, 47, of Wheatfield, crossed through the westbound lane of Porter Road and onto the shoulder of the road. Serba had been driving eastbound on Porter Road when he apparently became distracted.

“He said he dropped his cigarette,” Niagara County Sheriff’s Department Chief Deputy James Voutour said. “It’s just really unfortunate.”

Forsyth, an Air Force veteran, had been with the state DOT for more than 20 years and was a supervisor. He was struck while he was placing cones on the side of Porter Road.

Serba was charged Wednesday with failure to keep right. Voutour said it’s unlikely he’ll face any additional charges.

“There would have to have been some recklessness or negligence on his part (to charge him in connection with Forsyth’s death),” Voutour said. “This is a case of a distracted driver.”

Voutour said accident investigators have examined Serba’s car and determined that there were no mechanical defects to the vehicle. He also said the work zone had been properly prepared by DOT workers.

“We’ll review the case with the district attorney,” Voutour said. “But I don’t see anything else, criminally, coming from this.”

In a statement Thursday, Gov. David A. Paterson directed all state DOT facilities to lower their flags to half staff for three days in honor of Forsyth.

“Kevin Forsyth was just 46 years old, but had already given 21 years of dedicated and exemplary service to New York state, rising to the position of Highway Maintenance Supervisor at DOT,” Paterson said.

“I urge New Yorkers to be alert and slow down while driving in highway maintenance and construction work zones so that everyone can go home to their loved ones at the end of the day,” he said.

Forsyth was married with children. He was remembered Thursday as an avid photographer and floor hockey player.

Contact reporter Rick Pfeiffer at 282-2311, ext. 2252.

        

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