The driver of a minivan that crashed into an unoccupied construction vehicle on Interstate 88 in the Town of Fenton this week is being ticketed.

New York State Police photo

New York State Police say 55-year-old Douglas Peters of Amsterdam, New York is ticketed under the move over law and not using a seat belt.

He was ejected after his vehicle hit the truck and a concrete barrier at 2:50 p.m. July 30  and is hospitalized at Wilson Medical Center. At last word, Peters was listed in stable condition.

Troopers say the road crew was out of their flashing attenuator truck collecting signage and were not in the work zone when Peters’ van plowed into the messaging vehicle and then hit the barrier.