Table of Contents
ToggleConstruction zones are busy, active places full of people and heavy machinery and equipment moving in multiple directions at once. If you were hurt in an accident in one of these bustling places, you could be entitled to compensation. However, proving liability in Fort Lauderdale construction zone accidents can be challenging on your own.
To pursue compensation, you first must prove the accident resulted from negligence. A Fort Lauderdale construction accident lawyer can help you collect evidence. A personal injury attorney can also help you identify the at-fault party and their insurance company, so you know who is financially liable for your injuries and the resulting expenses and losses.
Types of Accidents That Happen in Construction Zones
If you intend to sue for compensation after an accidental injury or the death of a loved one, your lawyer must prove how and why the accident happened. A wide range of accidents can happen on a construction site, including:
- Same-level and falls from heights
- Electrocutions, fires, and explosions
- Heavy machinery and equipment crush accidents
- Being struck by objects or equipment
- Chemical and toxin exposure injuries
- Car and construction vehicle accidents
- Overexertion and repetitive motion injuries
The Occupational Safety and Health Administration (OSHA) cites these among the causes of often-fatal accidents. However, this list is incomplete, as one can be injured in many other ways in a construction zone.
Workers’ Compensation Claims for Construction Site Accidents
If you were injured in a construction zone accident while performing work duties, you may be eligible to file a workers’ compensation claim. In these cases, you do not need to prove negligence to seek compensation.
Generally, you cannot sue your employer for a work injury. However, if your employer does not carry workers’ comp insurance or a third party caused your injury, you may be eligible for a personal injury lawsuit. Your lawyer can explain what options are available to you after an on-the-job injury.
How to Prove the At-Fault Party’s Negligence Caused Your Construction Accident
If you are not a construction worker, your primary legal option after a construction zone accident will likely be a personal injury claim or lawsuit. However, you can only receive fair compensation if someone else’s negligence caused the accident. The negligent party’s insurance company will not accept your claim or negotiate a settlement until they receive proof that their policyholder is liable.
If negligence caused your accident, your lawyer will aim to prove the four legal elements of negligence, including:
- Duty of care, or the at-fault party’s legal obligation and responsibility to keep you from harm
- Breach of duty, or the at-fault party’s failure to meet their legal duty of care
- Causation, or proof that the accident would not have happened without the at-fault party’s action or inaction
- Damages, or proof that the accident impacted you financially
Proving construction zone accidents and liability is why evidence is important—because it recreates the sequence of events and objectively tells the story of the accident.
Potentially Liable Parties in Construction Zone Accident Cases
Fault for an accident in a construction zone can fall to the person or entity responsible for employee training, equipment functionality, machinery operation, or something else. Liability can also be shared, meaning you may be able to seek compensation from more than one at-fault party or insurance company.
The personal injury law firm you hire will pursue one or more parties on your behalf based on the evidence and its indication of liability. Your lawyer could assign financial responsibility to:
- A construction company
- A government or municipal agency
- A contractor or subcontractor
- A construction vendor or supplier
- A vehicle or equipment manufacturer
- A machinery or equipment operator
You will need a solid evidence file to prove third-party liability. If possible, collect your medical records, witness statements, training records, and OSHA violation reports. You should also collect accident reconstruction reports and medical and economic expert reports.
Consider Hiring a Construction Zone Accident Lawyer to Build Your Case
If your injuries prevent you from actively participating in your case, your Fort Lauderdale construction accident attorney will investigate your accident and compile the supporting evidence it needs. They can also deal with the insurance company, speak to all parties involved in your case, and represent you during settlement talks.
Hiring a lawyer also means you can focus on getting better, understand the filing deadline, and have peace of mind that your case meets required legal parameters.
Financial Liability Can Lead to Compensation for a Construction Zone Accident
If someone else’s negligence caused an accident in a construction zone, Florida Statutes § 768.81 allows you to request financial compensation from the responsible party. Your lawyer will build a strong case for damages, the legal term for compensation.
Economic damages, which are generally easy to prove, can include:
- Lost wages and earning ability
- Medical expenses
- Damaged or lost property
Florida Statutes § 766.202 lets you seek noneconomic damages by assigning financial liability to the at-fault person or entity. Noneconomic damages may include:
- Pain and suffering
- Inconvenience
- Physical impairment
- Mental anguish
- Disfigurement
- Diminished quality of life
Their value can be more difficult to prove. However, y our personal injury lawyer can gather tangible proof of their value.
Learn More About Your Right to Financial Compensation After a Construction Zone Accident
On your own, it can be hard to know what to do or where to turn for compensation if you or someone you love was hurt in a construction zone accident. At the Law Offices of Wolf & Pravato, our legal team knows how to navigate construction zone accidents and liability.
Learn more about your rights and the at-fault party’s obligations by contacting our consultation team at (954) 633-8270 today.