Construction Accidents

Due to the nature of the construction trade, individuals employed on construction sites find themselves confronted with dangerous, life-threatening work conditions on a daily basis. Serious accidents and injuries resulting in personal injury and wrongful death occur with alarming frequency at construction sites throughout the country. With robust economic conditions fueling a construction boom, the frequency and severity of construction site accidents is bound to increase in the future.

However, many states workers' compensation laws may severely limit recovery for a construction site accident. State laws that preclude an employee from suing an employer also generally limit the employee to a workers' compensation system which may not provide compensation for pain and suffering. Many of these compensation laws may place specific limits on how long an injured worker may collect benefits, even if the worker is injured indefinitely. Often, in order to receive compensation that accounts for pain and suffering, a party other than the employer must be found to bear some responsibility for the injury-causing accident.

Knowledge of federal state regulations governing construction sites is imperative when developing theories against general contractors and subcontractors that may allow for legal action when it appears that such laws would prevent recovery. Further, your legal representative should have experience in the inspection of worksites, identification of critical witnesses and preservation of importance evidence.

Pedestrian Accidents

Over 110,000 pedestrians are injured every year in the United States and almost 60,000 pedestrians are killed. People of all ages are affected by these staggering statistics, but school age children and the elderly are most vulnerable. In fact, 41% of pedestrian fatalities nationwide occur between 3:00 and 4:00 in the afternoon.

Motor vehicle operators have a responsibility to adhere to the laws of the road and drive in a safe and observant manner at all times. Pedestrians are injured and killed every day due to a driver's negligence.

A few of the most common factors contributing to driver negligence are:

• An inattentive or pre-occupied driver.
• A driver's failure to observe posted speed limits.
• A driver's failure to yield the right of way to pedestrians at marked cross walks.
• A driver negligently turning at an intersection.
• Driving under the influence of alcohol or drugs.

Pedestrians who are hit by motor vehicles may have a claim against the driver but they must prove that the driver was negligent and his negligence caused the accident. The very nature of the circumstances (3,000 pound car versus unprotected pedestrian) suggests that the driver would ultimately be responsible, however pedestrians must also adhere to the laws of the road.

A few of the most common factors contributing to pedestrian negligence are:

• Pedestrians who ignore the "walk" signal at an intersection.
• Pedestrians who enter a stream of traffic and disrupt the flow.
• Pedestrians who fail to use marked cross walks.
• Pedestrians who "dart" in front of a vehicle.
• Impaired pedestrians.

Be aware that the driver's insurance company lawyers will try to blame YOU for the accident by claiming that your negligence caused the accident. If you have involved in a pedestrian accident, you must do the following:

• Call police immediately.
• Do not leave the scene of the accident before help arrives.
• Gather names and phone numbers of any witnesses to be contacted by your attorney at a later date.
• DO NOT make any statements to the driver or his insurance company.
• Most importantly, do not offer any information such as, I was in a hurry, I was distracted, etc., that could be interpreted as your negligence.
• Call a qualified and experienced pedestrian accident attorney or personal injury lawyer as soon as possible.

Schoolbus Accidents

Each day, 23 million students ride a school bus to and from school. According to the National Highway Traffic Safety Administration, school buses are the safest motor vehicles on our highways. Unfortunately, however, school buses are not 100 percent safe. In fact, school buses pose a variety of unique dangers to school-age children.

The most dangerous part of a school bus ride is getting on and off the bus. The loading and unloading area is called the "danger zone." This zone extends 10 feet from the front of the bus, 10 feet on each side of the bus, and behind the bus. When children walk or stand within the "danger zone," they are at the greatest risk of not being seen by the bus driver and, consequently, being struck by the bus. Each year, an average of 14 school-age children are struck and killed by school buses. Most often, these accidents occur when young children between the ages of five and seven walk or stand in front of the bus.

Another danger our children face while getting on and off a school bus is being struck by another motorist’s vehicle. Each year, an average of seven children are killed by motorists who fail to observe traffic safety rules around school buses.

In addition to pedestrian-type accidents, school bus crashes do occur. Between 1990 and 2000, school buses have been involved in 96 crashes where at least one bus occupant died. The most common type of fatal school bus crash is when the bus strikes a fixed object. Other common types of school bus crashes include overturns and collisions with trains.

Roof Failures

The failure of the roof of a car or truck is the most likely failure to cause death or permanent injury and the roof is, without doubt, the least crashworthy part of a vehicle. In fact, roofs are so soft that when test dropped upside-down a mere 12 inches the result is total crush that can cause death, permanent brain and spinal cord injuries.

Most rollovers occur due to tipping. SUVs, because of vehicle instability, will "tip" when a mild turning movement in one direction is followed by a quick correction in the opposite direction. The roll that follows causes the vehicle to be tossed and to land on its roof on the side opposite the roll. That is why SUV drivers and passengers are twice as likely to be killed in a rollover than those in a standard vehicle.