Construction zones can be dangerous job sites for workers. While workers are at risk when cars and smaller vehicles negligently or recklessly drive through a work zone, they are especially in danger when trucks speed through them or fail to observe. A worker who was hurt in an accident caused by the carelessness of a truck driver may be entitled not only to Workers’ Compensation benefits, but they may also be eligible to file a personal injury action to hold the truck driver accountable.
Liability for Construction Accidents with Trucks
Although a construction worker cannot sue their employer for workplace accident-related injuries due to New York’s Workers’ Compensation laws, they may be able to pursue a claim against a negligent third-party. For instance, in a construction accident involving a truck, the truck driver, trucking company, or vehicle manufacturer may be to blame. Depending on the facts of the case, a contractor or subcontractor working in the construction zone might also be a responsible party.
Causes of Construction Accidents with Trucks
Construction zones are marked and have strict speed limits for the safety of those who work within them. Unfortunately, drivers on the road may disregard these safety precautions, putting construction workers at risk of serious injury or harm. Due to their size and weight, the results can be catastrophic if a truck is involved in a construction zone accident.
Some common causes of accidents involving trucks in construction zones can include the following:
- Truck driver inattention or distraction
- Speeding
- Improperly secured cargo
- Overloaded cargo
- Equipment malfunction
- Truck driver lack of training
- Truck driver fatigue
- Drunk or drugged driving
The injuries that a worker may suffer due to a construction zone accident involving a truck that was driving through can be life-changing — or even fatal. A victim may suffer from paralysis, spinal cord damage, brain injuries, burns, amputation, and other severe injuries. In addition, the emotional and psychological toll caused by these injuries can be significant. Extensive and costly medical treatment may be required, affecting a victim’s daily life and livelihood.
What Compensation Can a Construction Worker Recover in a Work Zone Truck Accident?
A construction worker who was injured by a truck going through a construction zone can recover a wide range of damages, beyond Workers’ Compensation benefits. In a third-party personal injury claim against a negligent truck driver, a worker may be able to recover both their economic and non-economic damages. While economic damages cover the financial losses incurred as a result of the accident, non-economic damages are meant to compensate for the pain and suffering experienced in connection with the injuries.
Recoverable economic damages in a construction zone accident with a truck can include the following:
- Unreimbursed medical expenses
- Future medical costs
- Lost wages
- Future lost earnings
- Out-of-pocket expenses
Non-economic damages are more complex to calculate and cover a wide range of non-pecuniary losses, including loss of enjoyment of life, physical pain, emotional distress, and disfigurement as a result of the injuries.
Contact an Experienced New York Personal Injury Attorney
If you are a construction worker who was injured by a truck driving through your work zone, it’s crucial to have a skillful personal injury lawyer by your side who knows how to obtain the monetary recovery you deserve. Due to our deep knowledge and extensive experience, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial settlements and jury verdicts for our clients. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.