Construction Vehicle Accidents: Legal Help for Injured Workers

author
Conor Hulburt
published
December 25, 2024

Construction vehicles are an essential part of most job sites, helping workers perform heavy-duty tasks such as excavation, material transport, and roadwork. But these machines also present significant risks. When construction vehicle accidents occur, they often result in serious injuries or fatalities. 

At Hulburt Law Firm, our construction accident attorneys are committed to helping injured workers secure the justice and compensation they deserve. Below, we provide an overview of common causes of construction vehicle accidents, the legal considerations involved, and how we can help.

Common Types of Construction Vehicle Accidents

Construction vehicles are massive machines that can cause severe injuries if not operated or maintained properly. Common types of vehicle-related accidents include:

Collisions with Vehicles or Pedestrians

  • Construction vehicles colliding with other vehicles on or near the job site.
  • Workers or bystanders struck by moving machinery.

Rollovers

  • Vehicles such as dump trucks, bulldozers, and cranes tipping over due to uneven terrain or excessive loads.

Backing-Up Accidents

  • Many construction vehicles have large blind spots, making reversing a significant hazard.

Falling Loads

  • Improperly secured loads falling off forklifts, cranes, or dump trucks, striking workers or nearby vehicles.

Equipment Failures

  • Malfunctions in brakes, steering, or other critical systems causing loss of control.

Entrapment or Crush Accidents

  • Workers caught between a vehicle and another object, such as a wall or equipment.

Common Causes of Construction Vehicle Accidents

Construction vehicle accidents often result from a combination of unsafe conditions and negligence, including:

  • Operator Error: Inexperience, lack of training, or distraction while operating vehicles.
  • Poor Maintenance: Failure to inspect or repair construction vehicles.
  • Defective Machinery: Manufacturing or design defects in vehicles or equipment.
  • Lack of Site Safety Measures: Inadequate barriers, signage, or traffic control on the job site.
  • Improper Load Securing: Overloaded or improperly secured materials causing instability.

Common Injuries in Construction Vehicle Accidents

Accidents involving construction vehicles can cause severe, life-altering injuries, including:

  • Traumatic Brain Injuries (TBIs): Caused by head trauma in collisions or falls.
  • Spinal Cord Injuries: Resulting in partial or full paralysis.
  • Crush Injuries: Severe damage to bones, muscles, and internal organs.
  • Amputations: Loss of limbs due to entrapment or crushing.
  • Broken Bones and Lacerations: Often requiring surgery and long-term rehabilitation.
  • Fatalities: Tragically, construction vehicle accidents can result in death, leaving families devastated.

Legal Considerations for Construction Vehicle Accidents

Victims of construction vehicle accidents may have multiple legal options, depending on the circumstances of their case.

Workers’ Compensation Claims

In California, injured construction workers are typically entitled to workers’ compensation benefits, regardless of fault. These benefits include:

  • Medical Expenses: Coverage for hospital bills, rehabilitation, and medications.
  • Temporary Disability Benefits: Partial income replacement during recovery.
  • Permanent Disability Benefits: Compensation for long-term impairments.

While workers’ compensation provides essential benefits, it does not cover pain and suffering or the full financial impact of an injury, which may require pursuing additional legal claims.

Third-Party Liability Claims

If a party other than your employer contributed to the accident, you may be able to file a third-party liability claim.

Potential Liable Third Parties:

  • Subcontractors: If another contractor’s negligence caused the vehicle accident.
  • Equipment Manufacturers: If a defect in the construction vehicle caused or contributed to the accident.
  • Property Owners: If unsafe site conditions or lack of proper signage caused the accident.
  • Delivery Drivers or Vendors: If a third-party driver was responsible for the accident.

A third-party claim can provide compensation beyond what workers’ compensation covers, including damages for pain and suffering, emotional distress, and punitive damages in cases of gross negligence.

OSHA Violations

The Occupational Safety and Health Administration (OSHA) sets strict safety standards for construction sites, including guidelines for operating and maintaining construction vehicles. Common violations contributing to vehicle accidents include:

  • Lack of training for vehicle operators.
  • Failure to provide proper safety barriers or warning systems.
  • Neglecting regular maintenance and inspections of machinery.

Evidence of OSHA violations can strengthen your claim by demonstrating negligence on the part of an employer, contractor, or other party.

Wrongful Death Claims

If a construction vehicle accident results in a fatality, surviving family members may pursue a wrongful death claim to recover compensation for:

  • Funeral and burial expenses.
  • Loss of financial support and benefits.
  • Emotional loss of companionship and guidance.

Steps to Take After a Construction Vehicle Accident

1. Seek Immediate Medical Attention

Prioritize your health and ensure your injuries are documented by medical professionals.

2. Report the Accident

Notify your supervisor or employer as soon as possible and ensure an official report is filed.

3. Preserve Evidence

If possible, gather evidence from the scene, such as:

  • Photos or videos of the accident site and vehicle.
  • Contact information for witnesses.
  • Maintenance records for the vehicle involved.

4. Avoid Speaking with Insurance Adjusters

Insurance companies often try to minimize payouts. Consult an attorney before discussing the accident or accepting a settlement offer.

5. Contact a Construction Accident Attorney

An experienced attorney can investigate the accident, identify liable parties, and pursue the compensation you deserve.

Compensation Available for Construction Vehicle Accidents

Victims of construction vehicle accidents may be entitled to various types of compensation, depending on the circumstances:

Economic Damages

  • Medical expenses (past and future).
  • Lost wages during recovery.
  • Reduced earning capacity due to permanent disabilities.

Non-Economic Damages

  • Pain and suffering.
  • Emotional distress.
  • Loss of enjoyment of life.

Punitive Damages

In cases of gross negligence, courts may award punitive damages to punish wrongdoers and deter similar misconduct.

How Hulburt Law Firm Can Help

At Hulburt Law Firm, our San Diego Construction Accident Attorneys have years of experience handling construction accident cases, including those involving construction vehicles. We are dedicated to holding negligent parties accountable and securing the maximum compensation for injured workers.

What We Offer:

  • Thorough Investigations: We examine maintenance records, vehicle defects, and site safety measures.
  • Aggressive Advocacy: We fight tirelessly to ensure you receive the compensation you deserve.
  • Compassionate Support: We understand the physical, emotional, and financial challenges you face and provide personalized guidance every step of the way.

Contact Us for a Free Consultation

If you’ve been injured in a construction vehicle accident in San Diego, don’t navigate the legal process alone. Contact Hulburt Law Firm today to schedule your free consultation. 

The Truth Demands Justice—and we’re here to fight for yours.

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