Construction sites in the Bronx often require many trucks transporting building materials. Other machinery cars include forklifts, pettibone lifts, bulldozers, excavators, etc. When construction occurs within the city, it is almost impossible to avoid city traffic jams while passing over the site.
Therefore, every construction project within the city needs a Maintenance of Traffic (MOT) plan. These plans are intended to manage the safe movement of vehicles around construction sites.
Sometimes, car accidents on construction sites happen because there are not any MOT plans or it exists but it is not performed correctly. People not following rules equals injured people.
Our construction car accident lawyer at The Ward Law Group can help you whenever these incidents happen. We have built a reputation of success that grants us the knowledge and expertise to bring justice to those injured in car accidents on a construction site.
Vehicle Accidents At Construction Sites
Different types of accidents can take place on a construction site. Now, you will learn the types and how we can help you each time.
It can be an accident involving just construction workers when one or more people were negligent and while using cars inside the site or lack of signage at the place caused someone to get hurt.
Workers are protected by the workers' comp system, where they can file a claim and receive monetary compensation quickly without proving that someone else was negligent.
That is a clear benefit that, in most cases, is the final solution to the problem, but that just happens when there is a minor injury. When serious injuries are involved, workers’ comp can be somewhat limited.
When a worker gets injured in an accident caused by another worker from the same contractor or employer, they cannot file a lawsuit. On the other hand, when the same boss does not directly employ the negligent worker, then injured workers are entitled to file a personal injury lawsuit.
Another type of accident that can take place is when there is city traffic passing by the construction, and motorists do not pay attention to the signage. They may hit the people who are performing the MOT plan.
In that case, the construction worker can file a claim with workers’ comp, and they also are entitled to file a personal injury claim against the negligent motorist.
Also, it can happen that a construction vehicle is being operated on the roadway where it turns out to be a dangerous instrumentality.
If they get in contact with a passing vehicle, then the driver, as well as his or her employer, will be liable for any injuries that result.
Sometimes, construction vehicles present malfunctions due to defective components or products, which may cause accidents that could impair people around the site.
Additionally, when these large construction vehicles leave the road, they may damage the street or create holes that might become a hazard to others. The construction crews must repair any damage that can cause accidents.
According to the Department of Transportation (DoT), incidents involving commercial vehicles and operational equipment resulting in run-overs, back-overs, and roll-overs stand as the primary contributor to fatal vehicle accidents at construction sites.
The contractors or managers of the transportation company may be found liable for any accident where a construction vehicle or a large truck is heading to a construction site.
Liability and Legal Process
Construction site car accidents in the Bronx can result in devastating injuries and complex legal scenarios. Determining liability and understanding the legal process are essential aspects of pursuing compensation for injuries sustained in such accidents.
Here's an overview of how liability is established, the steps involved in a legal claim, and the impact of New York laws on construction site car accident case
Determining Liability and Establishing Negligence
Liability in construction site car accidents hinges on establishing negligence. This involves demonstrating that a party failed to fulfill their duty of care, directly leading to the accident and resulting in injuries.
In these accidents, potential parties at fault could include:
- Construction site operators
- Vehicle drivers
- Equipment manufacturers
Proving negligence requires evidence that the responsible party acted in a way that directly caused harm due to their disregard for safety measures.
Steps Involved in Pursuing a Legal Claim
Pursuing a legal claim after a construction site car accident involves several crucial steps.
First, seek immediate medical attention and ensure your injuries are documented. Second, collect evidence from the scene, such as photographs, witness statements, and accident reports.
Third, notify the construction site management, report the accident to the police, and consult with a personal injury attorney experienced in construction site accidents. Your attorney will help you gather evidence, negotiate with insurance companies, and, if necessary, file a lawsuit.
Impact of New York Laws
New York laws play a significant role in construction site car accident cases. New York follows a comparative negligence rule, allowing injured parties to recover compensation even if they were partially at fault, as long as their fault was less than 50%.
However, their compensation will be reduced by the percentage of their fault. Understanding these laws is vital in navigating the legal process, as well as knowing the statute of limitations, which sets a time limit for filing a claim.
Injuries Related to Bronx Construction Site Car Accidents
We have known different types of accidents that can take place in a construction site or nearby. Depending on the nature of the accident, people involved can sustain from minor to serious injuries.
Generally, people in car accidents can suffer the following injuries:
- Traumatic brain injury
- Spinal cord injury
- Whiplash injury
- Soft tissue injury
- Internal organ damage
- Broken bones
- Bruises and contusions
We must not forget that not only physical injuries can be sustained. When these accidents happen, people may get psychologically traumatized by them.
Post Traumatic Stress Disorder (PTSD) is common in car accidents. Injuries can have long-lasting effects on people's lives, making them sad, unable to enjoy life, and losing bodily function. These damages can be claimed in a lawsuit.
Legal Representation and Compensation
Suffering injuries in a construction site car accident can lead to overwhelming challenges, including medical expenses, lost wages, and emotional distress. Seeking legal representation is a crucial step toward pursuing the compensation you deserve.
Pursuing Compensation for Various Damages
Construction site car accidents often result in a range of damages, both economic and non-economic. Victims are entitled to compensation for medical bills, which encompass hospital stays, surgeries, medications, and ongoing treatments.
Additionally, lost wages due to missed work while recovering can be claimed. Beyond financial losses, pain, suffering, emotional distress, and loss of enjoyment of life are also eligible for compensation.
A construction worker can file a claim for workers’ comp and also file a personal injury lawsuit against any third party who is not employed by the same employer.
Maximizing Compensation for Victims
Maximizing compensation involves a comprehensive evaluation of the accident's impact on the victim's life.
An experienced construction site car accident attorney understands the nuances of these accidents and can build a compelling case that accounts for all damages, including potential future medical costs and long-term consequences of the injuries.
Skillful negotiation with insurance companies and the opposing party is crucial to ensuring victims receive a fair settlement that reflects the full extent of their losses.
Construction Site Car Accident Lawyer in The Bronx
The Ward Law Group P.L. has been dealing with personal injury lawsuits for several years. Our team of legal professionals are real experts when it comes to construction site car accidents.
We have successfully helped many people recover from their expenses with fair settlements, and if the case needed trial representation, we delivered high-level representation.
We know the overwhelming feeling of having a family member in bed with multiple injuries caused by a negligent person. It is our goal to bring justice to you and your family. Every case is different; we guarantee our lawyers will be committed to yours and fight tirelessly.
Contact us through our direct line, 855-DOLOR-55, or our online chat. We always provide a free review of your case; don’t hesitate to call.