Florida Construction Injury Lawyer: A Major Perk of a Construction Injury Lawsuit

By: Brandon Stein

If you or someone you know was injured in a construction accident, contact our Fort Lauderdale lawyers today.

Florida construction lawyers helping those injured at or near construction zones typically have a good idea of who to sue for their client’s personal injury case.  Yet, personal injury lawyers here in South Florida do make mistakes during the course of their client’s construction injury case.  However, small mistakes may go unnoticed and ultimately not affect the outcome of a case, but significant blunders could potentially cost the person injured at a construction site hundreds of thousands, if not millions, of dollars.

As a North Miami Beach construction injury lawyer, a significant mistake that I have come to recognize that cannot be made is the decision of who to sue in a personal injury case. When injury occurs at or near a construction site, naturally the finger of blame is pointed immediately at the general contractor in charge of the construction zone.  While it is indeed the general contractor that ultimately won the bid for the construction project and typically bears the most responsibility, several other construction companies are involved as well.  In other words, these other construction companies may also be liable for the personal injury for which you have retained a South Florida lawyer.

Far too often, Florida lawyers that help clients injured in construction accidents file a lawsuit against only the general contractor and proceed with litigation.  Come time for mediation or settlement, the client agrees to a specific settlement amount with the general contractor and before funds are disbursed, a “release of claims” is signed by the client. And the moment the injured client signs on that dotted line releasing the general contractor from the personal injury lawsuit, all of the sub-contractors breathe a collective sigh of relief, for they all just dodged a major bullet.

As a Fort Lauderdale construction lawyer, I urge all clients injured in an accident at or near a construction area to question your attorney on this issue.  Often times, when an accident occurs in a construction zone, the general contractor is not the only party responsible. When that contractor wins the bid to perform the construction, the company most likely needs to employ several other construction companies (i.e. sub-contractors) to assist with the project.    And when an injury occurs on a construction site, Florida lawyers are quick to blame the general contractor, but it is necessary to take that extra step and challenge the work of the sub-contractors as well.  Because more times than not, this adds a couple extra zeros to the settlement.

Florida Construction Injury Lawyer: 2 Construction Workers Dead After Vehicle Loses Control on Highway

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident near a construction zone, contact our Florida construction injury lawyers today.

Having a career in construction is a risky proposition. While some may say that construction workers assume the risk when they take the job, similar to football players that assume the risk when they strap on the pads, nevertheless it is a profession where every single day you go to work there is that small possibility that you may not come home.

As an Aventura lawyer that helps injured construction workers in Florida, frequently clients, or families of deceased clients, enter my office with tragic stories to tell relating to construction site accidents.  Many times, the construction company is to blame for the injuries sustained by the Florida construction worker.  Yet, as an attorney in South Florida, I find that sometimes the construction accident is unavoidable.

Just yesterday in Colorado, two construction workers were killed after a car traveling on a highway lost control.  It is unclear as to the cause of this construction site car accident, but local authorities are only able to report that the driver of the vehicle was a 74 year-old man that lost control of his car while traveling through an intersection.  Construction had been ongoing on the side of the roadway, which is precisely where the two workers had been located just before the car accident.  According to reports, when the car lost control it careened off the highway and directly into the area where the men had been performing construction. The two workers died immediately upon impact.

While this accident remains under investigation, at this juncture it remains unclear whether any foul play is suspected on the part of the driver of the car or the construction company. Even if no fault can be placed on the shoulders of the construction company, this construction site car accident is a perfect example of the dangers of roadside construction.

Being a North Miami personal injury lawyer, I have come to realize that roadside construction work is perhaps the most dangerous type of construction to perform. You ultimately have two types of dangerous conditions — cars traveling on the roadway and the inherently dangerous task of construction work.  A fatal car accident such as the one detailed above illustrates this very fact.

Florida Construction Injury Lawyer: Can I Sue the Florida Department of Transportation for a Highway Car Accident?

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident at or near a construction zone, contact our Florida construction lawyers today.

Being a North Miami construction lawyer that helps those injured in car accidents on highways, I frequently come across road blocks (no pun intended) in litigation when trying to sue the Florida Department of Transportation (“FDOT”).  Florida personal injury lawyers are always aggressive, but when it comes to attacking the Department of Transportation, the FDOT typically hides behind the shield of sovereign immunity.  Florida Statute 768.28 details sovereign immunity, and is almost always cited in arguments by the FDOT.

Not to delve into an entire legal thesis, but essentially the FDOT is immune from construction litigation arising out of an injury resulting from “faulty” roadway or highway design.  So, for any South Florida driver that is injured in a car accident and retains a lawyer to sue the FDOT because the highway was designed improperly or dangerously, be prepared for intense litigation.

As a South Florida construction injury lawyer, I have many cases against the Department of Transportation despite the presence of sovereign immunity.  In fact, today we are in mediation for a highway car accident on I-95 in Miami involving the FDOT, as well as several other contractors.  The car accident occurred back in 2008 and involved the newly installed “Express Lanes.”  Essentially, these express lanes are two toll lanes that are separated from the rest of traffic through the use of high performance highway tubular delineators.  These delineators are essentially large tube-like plastic poles that are often utilized by construction companies for the separation of traffic.

My client had been traveling on I-95 and became trapped in these “Express Lanes.”  Unbeknownst to her, when driving within these lanes, no exit is possible for over 10 miles. However, my client had to exit the highway prior to the end of the toll lanes, so she attempted to travel through the delineators in order to exit the highway.  Since these delineators were 20 feet apart, it gave drivers the appearance that travelling in between them was indeed possible — but it was not possible.  Unfortunately, my client crashed her car and had been involved in a near-death car accident.  Fire rescue and ambulances arrived to the scene instantly and thankfully her life was spared.

A major defendant in this construction car accident case is the Florida Department of Transportation.  As expected, a major defense of the FDOT is sovereign immunity.  So, how do you sue the Department of Transportation for this Florida highway construction car accident?  Most Florida lawyers should be familiar with the exception to sovereign immunity.  Simply stated, or as simply as one could state this complex area of law, when a dangerous condition exists that is known by the state (i.e. FDOT), the state owes a duty to the general public, such as my client, to warn of this known dangerous condition.

Ultimately, certain precautions must be taken by the state when undertaking construction projects on Florida’s highways.  Especially when a project involves a complete transformation of a highway, the Florida Department of Transportation has a duty to warn and inform the public of this drastic change to a roadway that hundreds of thousands travel on every single day.

Florida Construction Injury Lawyer: Crane Accident Blocks Traffic on California Highway

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a crane accident at a construction site, contact our Hollywood personal injury lawyers today.

In a construction area, the most powerful piece of machinery utilized is the crane.  Florida construction lawyers have become accustomed to handling personal injury cases stemming from serious crane accidents.  At a construction site where the crane is utilized, only highly specialized and highly trained personnel are authorized to operate these multi-ton pieces of machinery.

As a North Miami Personal Injury Lawyer that sues construction companies for crane accidents, too many times I come across injuries in construction zones resulting from improper use of cranes on a job site.  While many crane accidents in South Florida occur during the course of construction, sometimes incidents arise during the transport of these cranes to and from the construction site.

This past Tuesday evening near Santa Barbara, California, the support system on a truck transporting a 2-ton crane broke — causing the crane to overturn on Highway 101.  The driver lost control of the truck and slammed into the guardrail on the highway.  Amazingly, during rush hour, no injuries or other car accidents resulting in personal injury were reported.

Instantly, emergency crews had responded to the scene attempting to clear and secure the area.  In fact, a second crane was needed to assist with the removal of the fallen crane.  It does not appear as though any negligence had occurred on the part of the construction company, as the cause of this crane accident is said to be structural failure.

For South Florida construction lawyers that help those injured in crane accidents, several state and federal regulations must be considered when litigating a construction site injury case.  When crane accidents occur in Florida construction areas, typically the construction workers are those who suffer injury.  As I have commented on in several articles in the past, the Occupational Safety and Health Administration regulations must always be considered when a person is injured at or near a construction zone.

Florida Construction Injury Lawyer: The Importance of Near Miss Reporting for all Construction Companies

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in an accident, contact our Aventura Construction Injury Lawyers today.

In South Florida, thousands of construction accidents occur every year, and many of them result in lawsuits filed by North Miami lawyers against construction companies. Typically, when a construction company commits a negligent or wrongful act in the workplace, it results in injury to an employee or the general public.  According to certain rules and regulations, these accidents must be reported.

Pursuant to the Occupational Safety and Health Administration (“OSHA”) guidelines, when an accident or injury occurs on a construction site, the company is required to report this incident to OSHA.  However, many times a construction company in Florida may commit wrongful acts that result in no injury.  Therefore, many construction companies believe that they may simply brush the near accident under the rug and act as though nothing happened.  Yet, this is not true, for companies must be cognizant of “near miss reporting.”

A North Miami construction injury lawyer that litigates personal injury cases against large construction companies must be aware of the “near miss reporting” requirement. Essentially, a “near miss accident” means exactly what its name indicates — an accident on a construction site that was avoided.  OSHA defines “near miss” as an incident where no property damage occurs or injury is sustained, but, where given a slight shift in time and/or position, damage and/or injury easily could have occurred.

In fact, OSHA has an entire section of its website dedicated to Safety and Health Management, and part of that section details the “near miss accident” and “near miss reporting.”  As a North Miami Beach construction injury lawyer, I have come to recognize that the supervisor of construction zones is often the person to direct partial, and sometimes full, blame for accidents occurring in the construction area.  So naturally, OSHA mandates that the supervisor or person in charge of the construction site has the responsibility of investigating all incidents or “near miss accidents.”

By conducting a proper investigation and inspection of all “near miss accidents,” the possibility of another incident or “near miss accident” from occurring is slim to none. Ultimately, OSHA stresses that “near miss reporting” is just as important as traditional accident reporting.  A suggestion for all South Florida personal injury lawyers that sue construction companies — when performing investigation and discovery, always tackle “near miss reporting.”

Florida Construction Injury Lawyer: Construction Worker Slips and Falls into Wet Concrete

Brandon Stein

By: Brandon Stein

Contact Construction Injury Lawyer Brandon Stein for a free legal consultation.

Just yesterday, a construction employee performing work in a construction area was taken to a local Boston hospital after a slip and fall accident.  Authorities say that the construction worker became trapped within wet concrete after the sidewalls of the site had shifted — causing the employee to lose his balance and slip and fall into the concrete.

Fire rescue was contacted and responded to the scene immediately to provide relief to the fallen worker.  Apparently, it had taken firefighters hours before they were able to remove the construction worker from the wet cement, but thankfully were able to prevent injury to the person, so do not expect to see any lawyer involvement with this construction site accident.  Due to the nature of this construction site trip and fall, the only way the firefighters were able to remove the worker from the concrete was to take out pieces of the dirt and concrete by hand, which certainly explains why it had taken several hours to remove the man.

As a construction lawyer in North Miami Beach that helps those injured from slip and falls at construction sites, certain regulations posted on the Occupational Safety and Health Administration website must be followed in order to prevent serious injury.  Specifically, companies that manage or oversee construction projects have a duty to provide for fall protection, as well as institute other slip and fall prevention measures.

As a result of helping several people that have been injured in North Miami from a slip and fall on a construction site, I understand that a Florida lawyer must be well aware of the federal regulations related to these types of accidents.  Specifically, 29 C.F.R. 1926.501(a)(2) pertains to the duty that construction companies have to provide for fall protection, and states that construction employees should only be allowed to work in construction zones when the surfaces have the requisite strength and structural integrity.

Being a lawyer in Aventura that handles construction site slip and fall cases, it is not uncommon for a worker or layperson to trip and fall in a construction area.  In fact, many slip and falls that occur are quite similar to that construction accident detailed above. While the falls may not necessarily involve being pinned within concrete, often times the structural integrity of the site is faulty — thus leading to injuries in the construction zone.

If you or someone you know was injured from a slip and fall, please contact our Fort Lauderdale construction injury lawyers today.


Florida Construction Injury Lawyer: Fatal Truck Accident on I-75 Near Tampa

Brandon Stein

By: Brandon Stein

Car accidents happen in the glimpse of a moment, and this past Friday on Interstate 75 near Tampa, Florida, a construction site accident involving two trucks and two cars resulted in the entire interstate being closed.  As an Aventura lawyer that handles car accident and truck accident cases that happen at or near construction areas, I am always in tune with those accidents occurring in South Florida.  This Tampa truck accident at an I-75 construction zone is one of the most devastating car crashes I have ever seen.

Early Friday afternoon on northbound I-75 a large truck struck a concrete barrier wall within a construction site and immediately became engulfed in flames shortly thereafter. Sadly, the driver of that truck died immediately, but authorities have not reported any additional casualties.  Limited information regarding this truck accident and possible injuries has been released, but what is clear is that large semi-trucks must heed caution when traveling through construction areas.

Being a North Miami construction lawyer that helps those injured from construction site car accidents, I quickly came to recognize that the Florida legislature stresses safety when enacting the state highway traffic laws.  In fact, section 321.14 of the Florida statutes specifies that all highway traffic laws shall be liberally construed so that its “greatest force and effect may be given to its provisions for the promotion of public safety.”

Florida has several chapters of legislation dedicated to highway traffic control and driver and pedestrian safety.  It is imperative that lawyers in North Miami that do car accident and truck accident cases be aware of the legislation established for the protection of Florida drivers.  Title XXIII of the Florida Statutes is dedicated to motor vehicle regulation — including cars traveling in or around construction zones.

The devastating truck accident that occurred this past Friday on I-75 is a perfect example of why Florida takes motor vehicle safety so seriously.  Given the hundreds of miles of highway within the state of Florida, it behooves all drivers to abide by Title XXIII of the Florida Statutes, as well as any other provision pertaining to motor vehicle or construction site safety.

If you or someone you know was injured in a car accident or truck accident at or near a construction zone, please contact our South Florida lawyers today.


Florida Construction Injury Lawyer: Car Accidents in Construction Zones Can Be Prevented

Brandon Stein

By: Brandon Stein

As a North Miami lawyer that helps those injured at or near construction sites, highway car accidents often occur when safety precautions are not properly followed. Highway construction is perhaps the most dangerous type of roadway construction for workers to perform. Drivers rarely obey highway speed limits, couple that with highway construction without proper safety measures taken, and you have an accident ready to happen.  Being a lawyer in South Florida with all of the highways throughout this state, I have come to recognize that highway construction accidents are prevalent — leading to injured drivers.  And this is not only limited to Florida highway construction car accidents.

The U.S. Department of Transportation (“DOT”) and Federal Highway Administration publish statistical tables pertaining to car accidents occurring at or near construction sites.  Here in South Florida, highways are often times the roadway of choice, thus Florida drivers must be cognizant of the startling statistics revealed by the U.S. DOT.

In 2010, the most common cause of highway car accidents had been due to rear-end collisions.  As a North Miami lawyer that helps those injured from car accidents at or near construction zones, this statistic is not shocking to me.  In fact, nearly half of the car crashes studied by the Federal Highway Administration were rear-end collisions at or near active construction sites.

These percentages dropped drastically for sideswipe collisions, fixed-object collisions, and other types of car crashes.  In my humble opinion, after helping several victims injured due to car and truck accidents near construction sites, rear-end collisions are most frequently due to tailgating by the other driver.  Simply stated, tailgating lessens the reaction time that a driver has to traffic traveling at a slower pace around a construction area.

Unfortunately, on highways and roadways in Florida, local police and highway patrol do not strictly enforce drivers keeping their distance from the car in front.  If there is one message that Florida law and authorities must stress to drivers: Slow Down when traveling through construction zones and keep your distance from the vehicle traveling in front of you.

If you or someone you know was injured in a construction site accident or car accident please contact our Florida Lawyers today.