Construction Accidents in LA – Who is Liable?
It’s no surprise seeing construction areas and work zones throughout the city of Los Angeles, but what does come unexpectedly are sudden construction accidents. After a construction accident, a person may be left dealing with severe or life-altering injuries and various expenses.
After a construction accident happens, who’s to blame? Keep reading to learn more about responsibility after construction accidents in LA, as well as how to start your claim with a team of expert construction accident lawyers in LA from BD&J!
We’re always here to help. Call BD&J at 888-648-8102 to speak with an attorney.
Frequent Construction Accidents
The construction industry is infamous for the number of accidents workers, pedestrians, and even other motorists can fall victim to. Some of the most frequent construction accidents include:
- Being struck by fallen objects
- Being caught between machinery
- Electrocution
- Falls
- Colliding with work zone vehicles
- Fires and explosions
The construction industry is considered one of the most dangerous industries to work in in the country, accounting for 1 of every 5 fatal work injuries (BLS).
Why Are Serious Injuries So Common in Construction Accidents?
Construction work zones are filled with loud equipment, heavy machinery and vehicles, exposed wiring, and large heights, which can all be a catalyst for a serious accident.
A lot of construction sites will also have lax safety regulations and lack the appropriate safety gear for workers. This isn’t even taking into consideration the exposure to the construction environment that pedestrians and other motorists go through as well.
This is why construction accidents lead to very severe and even fatal injuries in Los Angeles, including:
- Broken bones
- Organ damage
- Lacerations
- Soft tissue injuries
Who is Liable for Construction Accidents in LA?
If you were involved in a construction accident, whether on the job or as a bystander, there are a few parties that could be held legally responsible for your injuries and other damages. These parties include:
Construction Company
When it comes to a construction accident affecting another pedestrian, the construction company will often be held liable due to negligence regarding exposed safety hazards, failure to comply with safety standards for work zones, leaving machinery or equipment unattended, and negligence in hiring practices.
Property Owner
A property owner could be held liable for a construction accident that occurred on their private property for failing to keep it secure.
General Contractor or Subcontractor
A contractor can be held responsible for a construction accident after failure to oversee the safety standards of the work site, as well as negligence in overseeing the operations of subcontractors that resulted in someone else’s injuries.
Are the Same Parties Liable if I Was on the Job During My Accident?
No, different parties are typically liable for a construction accident in which an employee gets hurt. This is especially true if the employee obtained compensation through a workers’ compensation policy.
Third-Party Contractor
A third-party contractor, also known as an independent contractor, could be held liable for failing to comply with safety standards and ignoring hazards on a work site that led to an accident.
Equipment Manufacturer
A product manufacturer who incorrectly marketed or produced a piece of safety gear, machinery, or construction vehicle parts could be responsible for any accidents and damages to construction workers.
Property Owner
Property owners who neglected unsafe conditions on their property while having construction work completed, such as exposed wiring, broken steps, or even a loose dog that bites, could be required to account for damages from a worker’s injury.
How Construction Accident Lawyers in LA Manage Catastrophic Accident Claims
Catastrophic injuries, which are typically permanent and life-altering, are unfortunately very common in construction accidents. These injuries can leave a person dealing with unbearable pain, hefty expenses, and having to adapt to a new way of life.
Navigating a life-changing injury along with a legal case can get overwhelming quickly. Construction accident lawyers in Los Angeles can help victims of construction accidents share their story and potentially recover the maximum compensation they’re entitled to.
The construction accident attorneys from BD&J can help your serious construction accident claim by:
- Presenting the initial claim in the proper jurisdiction
- Assigning your case a fair value based on previous expenses, past case experience, and the help of expert witnesses available to the attorneys
- Appealing a denied insurance claim
- Advancing all case costs upfront* through a contingency fee basis, so you won’t have to pay anything to get your legal claim started
- Contributing to the evidence collecting for your case with the use of specialized resources, such as expert witnesses and accident reconstruction software
- Using sharp negotiation skills to fight for the maximum compensation for your case (Cases with attorney representation will often recover up to 4x more compensation than cases without representation)
- Communicating with all other insurance companies and legal representatives on your behalf
- Being in your corner every step of the legal process, and updating you about the status of your case
Filing a personal injury claim can be nerve-wracking, but not when you’re working with a legal expert by your side.
Frequently Asked Questions
Is Worker’s Compensation and a Personal Injury Case the Same Thing?
No, a workers’ compensation claim and a personal injury case are 2 completely separate legal processes. Both have drastic differences.
When Should I File a Personal Injury Claim if I Was on the Job During My Accident?
If you were hurt on the job, you can and should file a personal injury claim if there was a third party involved in your accident that wasn’t your employer or a coworker, like an independent contractor or the manufacturer of a faulty piece of equipment or gear you used.
In some cases, you can file a personal injury case against an employer if their extremely gross negligence or intentional misconduct caused your accident and injuries.
How Long Do I Have to File a Construction Accident Claim?
You have 2 years to file a claim from the date of your construction accident, and this is known as a statute of limitations. If you discovered injuries from an accident weeks or even months after it happened, the statute of limitations begins when you discovered the injuries or reasonably should’ve discovered them, which is under the legal doctrine known as tolling.
What Are the Fatal Four in Construction?
The Fatal Four in construction are recognized by the Occupational Safety and Health Administration (OSHA) as being the 4 leading causes of fatalities among construction workers. These 4 are falls, struck-by incidents, caught-in or between accidents, and electrocutions.
What is the 20/20/20 Rule for Construction Workers?
The 20/20/20 rule for construction workers is a safety rule meant to increase situational awareness for work zone employees. This rule states that employees should be pausing their work and taking a look around their area every 20 minutes, focusing on their environment uninterrupted for 20 seconds, and scanning the area 20 feet around them for any safety hazards.
Can I File an Accident Claim for Compensation if I’m Undocumented?
100%. In the United States, all residents regardless of their immigration status are equally protected under the fourteenth amendment from the deprivation of life, liberty, or property without due process.
And your immigration status doesn’t have to be revealed to anyone besides your attorney during a claim. California Evidence Code § 351.2 prohibits a person’s immigration status from being shared as evidence in a personal injury case, nor presented during discovery.
What Kind of Evidence Could Help My Claim?
Evidence that could help your accident claim includes photos and videos of the accident scene, information about the construction company heading the work zone, an incident or police report depending on the role of the injured person in the accident, employer verification of lost income, and witness testimony.
How Can I Prove Pain and Suffering Damages After a Construction Accident?
Pain and suffering damages can be proven through witness testimonies from family and friends, expert testimony from a psychiatrist or other mental health professional, and your own account as well as any written documentation you may have created detailing pain levels and daily living with new injuries.
Are There Any Construction Accident Injuries That Are Hard to Prove?
Some of the construction accident injuries that may need additional evidence include ‘invisible’ injuries like brain injuries and soft tissue injuries, as well as the emotional and mental damages of an accident.
However, it’s important to note that these injuries are only difficult to prove, not impossible. Working with an attorney and other resources can help.
Why Should I Work with the Construction Accident Lawyers in LA From BD&J?
BD&J attorneys have represented Los Angeles and all of California in various serious accidents, including construction accidents, pedestrian accidents, car accidents, truck accidents, and cases of wrongful death.
We’ve recovered more than $3 billion* in compensation for clients, and our team of legal advocates never turn their back on a case.
Are BD&J Attorneys Bilingual?
Absolutely. Besides English, our attorneys are happy to consult with clients in Spanish, French, Farsi, Armenian, Hebrew, and Russian.
How To Start a Construction Accident Claim
- Gather your evidence. – This can include an incident report if you’re a worker, a police report for a civilian, medical documentation of injuries, proof of lost income, witness testimony, and photos and videos of the accident.
- Find the right construction accident lawyer. – The search for the right construction accident attorney for your case can include looking to friends and family for recommendations, checking out reviews for law firms, reading case results, and, of course, booking your consultation with an attorney.
- Schedule your consultation. – Any reputable law firm will provide potential clients with the opportunity to discuss their case with an attorney and learn how the firm operates with similar cases through a consultation typically free of charge.
- Ask questions and learn about the legal process. – A consultation allows accident victims to ask questions about their case and learn about the legal process, bringing them more reassurance that an expert is handling their case.
Turn to Legal Experts While Recovering from Serious Injuries
Construction accidents are dangerous and often terrifying ordeals that can seriously injure and traumatize an average person. If you were injured in a construction accident, you have the legal right to seek compensation through a legal case.
Construction accident lawyers in LA from the BD&J team can help. Our law firm is one of the top choices for many when it comes to unmatched legal representation and an attorney who will advocate fiercely for you and your loved ones.
Contact us now to get started!
Don’t let time pass you by. Construction accident attorneys in Los Angeles from BD&J can help you in the aftermath of an accident!