Spotlight on Construction Site Vehicle Collisions

Vehicle collisions at construction sites, along with falls and electrocutions, cause about half of all fatal construction site injuries in New Jersey. Operator negligence, in one form or another, usually causes these wrecks.

Many construction vehicle operators have practically no experience operating these vehicles, especially if Sam’s supervisor tells him to move a dump truck from one spot to another one. These vehicles are so large and have such poor sight lines that they’re almost impossible for even experienced drivers to safely operate.

These accident victims, like all other accident victims, need and deserve compensation for their injuries. A partnership with a Hudson County personal injury lawyer often ensures maximum compensation in these cases. The average attorney-negotiated injury settlement is over three times higher than the average non-attorney-negotiated settlement.

Construction Site Crash Injuries

The Occupational Safety and Health Administration classifies most construction vehicle wrecks as caught-between injuries. A pedestrian victim is usually “caught between” a vehicle and a fixed object, like a retaining wall. In these cases, worker safety equipment usually doesn’t prevent injuries like:

• Head Injuries: Hard hats often prevent trauma injuries, such as the injuries people on the ground sustain when small objects fall on them. But these helmets offer practically no protection from motion-related head injuries. When a vehicle crushes a victim against a wall or other surface, the victim’s head violently snaps back and forth, and the victim’s brain slams against the skull.
• Broken Bones: Speaking of crushing, these impacts usually crush bones, as opposed to merely breaking them. In fact, a construction worker’s bones are almost completely exposed to danger. Common injuries include a crushed pelvis which, in many cases, is life threatening. Broken ribs are common as well, as are broken arm and leg bones.
• Internal Injuries: Many construction workers wear protective vests. These reflective vests may warn a few drivers in a few cases. But these vests do almost nothing to prevent internal injuries. These injuries are so bad that exsanguination (excessive blood loss) is usually the official cause of death in pedestrian accidents or caught-between injuries.

This limited protection is only available if employers live up to their three-fold duty under New Jersey law. Construction site managers must provide safety equipment, train workers in its use, and emphasize its importance. Most construction site bosses drop the ball in at least one of these areas. To many supervisors, such workplace safety initiatives are simply unnecessary costs.

The average injury-related medical bill exceeds $40,000. Most victims cannot pay these costs out of pocket, and most health insurance companies exclude injury-related costs. To ease the financial pressure on victims, a Mercer County personal injury lawyer usually connects victims with doctors who focus on caught-between injuries and charge nothing upfront for their professional services.

Workers’ Compensation

Such independent medical treatment is difficult to obtain in workers’ compensation cases. Under New Jersey law, these victims, which usually include injured employees, must typically see company doctors. However, this requirement typically doesn’t affect a victim’s right to seek a second opinion.

Workers’ compensation is a no-fault injury compensation system that applies to caught-between pedestrian injuries and other job injuries. Available benefits include:

• Lost Wage Replacement: Most victims receive two-thirds of their AWW (average weekly wage) for the duration of a temporary or permanent disability. Most insurance companies “forget” that the AWW is based on prior wages as well as future wages. If Michael’s job injury forces him to miss a performance bonus milestone, his AWW must reflect that loss.
• Medical Bill Payment: This benefit usually applies to all reasonably necessary medical bills, from the first moment of emergency treatment to the last session of physical therapy. This benefit covers ancillary expenses as well, such as emergency transportation, prescription drugs, and medical devices. Disputes often arise because many insurance adjusters believe “reasonably necessary” actually means “cheapest available.”

These benefits are also available for caught-between-related occupational diseases, such as Post Traumatic Stress Disorder.

Civil Claims

Non-employees, as well as employees in some cases, may file civil claims to obtain compensation for their injuries. In civil court, compensation usually includes money for noneconomic losses, such as emotional distress and loss of enjoyment in life, as well as money for economic losses, such as medical bills and lost wages.

Injured non-employee victims, which usually include government inspectors and passersby, must prove the construction vehicle driver was negligent. 

Construction companies usually put up warning signs, like “Construction Area Keep Out” or “Hard Hat Required.” These signs don’t necessarily get an employer off the hook. They simply make assumption of the risk, an offshoot of comparative fault, easier to prove. A sign is a negligence defense if the insurance company proves the victim:

• Saw the sign,
• Could read the sign, and
• Was capable of understanding what the sign meant.

The first element usually isn’t too hard to prove. The second two are much harder to prove, especially if the victim was an LEP (limited English proficiency) victim.

If the insurance company proves all the AOTR elements, jurors must divide responsibility between the plaintiff and defendant 50-50, 80-20, or otherwise proportionally, according to the evidence.

New Jersey is a modified comparative fault state with a 51 percent bar. So, if the victim is no more than 49 percent responsible for the injury, the defendant must pay a proportionate share of compensation.

Employees who sustain caught-between injuries may sue outside the workers’ compensation system in a few cases. As mentioned, operator negligence often causes construction site pedestrian injuries. So, a negligence claim against the vehicle operator may seem like a good option.

But hold on a second. Most individuals are effectively judgement proof. So, in many of these cases, a Middlesex County personal injury lawyer obtains a judgment that’s little more than a piece of paper.

The equation changes if the employer was reckless. We mentioned supervisors ordering inexperienced drivers to move large vehicles. Such an order is arguably reckless. It reflects a conscious disregard of a known risk.

If the employer recklessly caused a work-related injury, the victim may sue the employer in civil court, at least in some situations.

Contact a Detail-Oriented Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Newark, contact CourtLaw. Virtual, home, and hospital visits are available.