Tag Archives: Construction Site Accident

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

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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

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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: Car Accidents in Construction Zones Can Be Prevented

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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.

Florida Construction Injury Lawyer: Overturned Crane at Madisonville Construction Site

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Brandon Stein

Arguably, the piece of construction equipment that requires the most experience and expertise is the crane. The Occupational Safety and Health Administration and other regulatory agencies set forth strict requirements for the operation of cranes in construction areas.  As a Hallandale personal injury lawyer that helps people injured in construction accidents, much of my practice is devoted to incidents involving cranes on construction sites.

Just yesterday, construction workers at a Madisonville, Kentucky, construction site nearly fell victim to a crane accident.  Construction had been ongoing at a local community college when a crane tipped over and could have trapped and crushed the workers on site.  According to reports, an apparent brake failure within the crane may have led to this accident on the construction site.

Moments before the construction accident, the crane had been stationed on a hill placing bricks when the brakes failed, sending the large crane rolling down the hill.  In fact, at the precise time when the accident occurred, the crane was positioned on the hill with no construction workers in the area — no one was even present to witness this crash.  Thankfully, no one was injured from this construction accident.

However, if a non-construction worker was injured from this crane rollover, then lawyers charged with helping those injured would have a field day litigating this case.  Being a South Florida construction injury lawyer, simply put, a multi-ton unattended crane was positioned on a hill with no supervision — that would be the case in a nutshell.  If an innocent bystander was injured as a result of this factual situation, then the construction company charged with the oversight of this construction area will have many questions that need to be answered.

For one, construction sites should never be unattended during work hours.  Yet, if the site has to be unattended for some reason, then the proper precautions must be taken in order to ensure the safety of those at or near the construction zone.  This especially holds true when a construction company is utilizing cranes and other high powered pieces of machinery.

If you or someone you know was injured, please contact our North Miami construction injury lawyers today.

By: Brandon Stein

Florida Construction Injury Lawyer: Crane Accident Kills Construction Worker – OSHA Citations Handed Down

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Brandon Stein

A North Miami construction lawyer that helps injured construction workers must always be cognizant of the presence of the Occupational Safety and Health Administration (“OSHA”).  When litigating a case against a construction company for injuries suffered at a construction site, OSHA can be used as a powerful tool in negotiating a settlement or winning at trial.  Now keep in mind that OSHA only pertains to the enforcement of workplace safety — so if a non-employee was injured on a job site, then most likely OSHA will not play a significant role.  But for employees injured or killed in the line of work, violations levied by OSHA are often a precursor to a lawsuit against the offending construction company or employer.

Just last week, a New York construction company was fined $68,000 for violations stemming from an April 2012 construction site accident involving a crane crashing and killing a 30 year old construction worker.  This crane accident instantly took the life of the 30 year old worker. The OSHA citations had been directly related to violations of safety standards related to job site security and crane safety.

An OSHA director explained that the actions committed by the construction company constituted a disregard for “fundamental, vital and required safety policies.”  Ultimately, had the proper procedures and protocols been followed, this crane accident would have never occurred and the 30 year old construction worker would still be alive today.

The department of labor and OSHA set forth specific standards and guidelines for companies, including construction companies, to follow in order to ensure the safety of its employees.  When it comes to crane use, safety requirements are strictly enforced by OSHA and are expected to be followed.  In fact, to use a crane on a construction site the designated employee must be highly skilled and qualified to perform such a task. Simply stated, a crane is one of the most, if not the most, dangerous instrumentality utilized on a construction site.

To name a couple, some key components that OSHA sets forth that construction companies must follow are to ensure that cranes are only operated by qualified and trained personnel.  Additionally, a designated person must inspect the crane prior to use and be sure to follow the manufacturer’s directions for use.  Failure to follow these, or any of the other requirements, could certainly result in an OSHA violation — which no construction company wants on its record.

As a South Florida construction lawyer, many of my injured clients have benefited in their case from OSHA citations levied against construction companies.  While the existence of an OSHA violation does not guarantee liability or negligence of construction companies, it certainly does not hurt an injured construction worker’s chance of receiving damages and compensation for his or her loss.

If you or someone you know was injured in an accident at or near a construction site, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: 1 Killed and Several Hurt After Parking Garage Collapse in Miami

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Brandon Stein

As a South Florida lawyer that sues construction companies, my practice is not only devoted to helping injured construction workers.  Many injuries that occur at or near construction sites often involve the general public, also requiring the assistance of a lawyer.

Earlier this morning in Miami, Florida, a section of a parking garage collapsed and injured several people, while killing one.  The garage had serviced occupants of a local community college and was under construction, yet was still open despite construction.  According to reports, the collapse was so significant that it was a floor to floor collapse — essentially crumbled like a house of cards.  Witnesses to this parking garage collapse were shocked and commented that construction workers and others ran out of the garage screaming in a panic.  Of those injured and trapped within the rubble, some were taken to the hospital, some treated on the construction site, and one was unfortunately killed.

The Chief Executive Officer in charge of the construction project assured the public that the cause of the collapse will be investigated.  However, the CEO entertained the fact that the construction company would embrace any new policies, procedures, and protocols that would ensure safety.  Sadly, it took a catastrophic construction site accident causing injuries that brought about the need to “ensure safety” for those at the project site.

For those injured in this parking garage accident, the question remains as to who is responsible.  Without question, a finger must be pointed in the direction of the construction company charged with the maintenance and supervision of this project site. However, responsibility must also lie in the lap of the college and person in charge of managing the parking garage.

In Florida, lawyers are constantly maneuvering around the law in order to help their injured clients.  Florida law takes a position against those injured from car accidents in parking lots and garages.  Simply put, if you are injured in a car accident in South Florida, suing a parking garage or owner of a parking lot is simply not an option. However, Florida courts have specifically limited this to car accidents occurring in parking lots and parking garages — not parking garages that collapse.

Lawyers here in South Florida charged with helping the victims injured from this parking garage collapse in Miami have a number of entities to consider that are at fault.  The construction company certainly does not stand alone when determining liability.  Also, the school, along with the parking garage must be held responsible in some capacity for causing all of these injuries earlier today, including a death.

If you or someone you know was injured in a construction accident, including a parking garage accident, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Motorcyclist Killed Because of Unsafe Road Surface

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Brandon Stein

As a Florida construction lawyer that sues for those injured in car or motorcycle accidents in North Miami, I find that many accidents result from unpaved or unsafe road surfaces.  The responsibility of paving a public roadway can fall directly on the shoulders of a construction company hired to repair or renovate an existing roadway.

In Florida, when a roadway or highway is open for public use, it is imperative that a construction company adheres to Florida Statutes pertaining to the uniform standards for design, construction, and maintenance as required by the Florida Department of Transportation.  In South Florida, failure to ensure safely paved roadways can lead to catastrophic injury from car accidents or motorcycle accidents, thus requiring the assistance of a lawyer.

However, this requirement imposed on construction companies is not just limited to Florida.  One way or the other, every state has its own standards for maintenance and construction of roadways — including providing safely paved roads for the public. Unfortunately, this weekend I was extremely saddened to hear news of a fatal motorcycle accident in a construction zone.

This past Friday afternoon on Highway 52 in Iowa, a 44 year old motorcyclist was killed after crashing in a construction area — the accident was allegedly caused by defects in the roadway surface.  According to reports, the pavement was uneven, which resulted in the motorcycle losing control while passing through the construction site.  The 44 year old was killed instantly and the accident is under investigation.

In Florida, construction accident and car accident lawyers are well versed in the laws requiring the Department of Transportation to develop and adopt uniform standards and specifications for the safe construction of roadways and highways. However, just because the Department of Transportation sets forth certain standards for the proper construction of roadways, including those that are paved and safe for use by the public, it does not mean that construction companies follow these rules.

The motorcycle accident death detailed above is a prime example of construction companies allowing traffic to ambulate through their work sites with an unsafe road surface.  Car accidents or motorcycle accidents occurring in construction areas frequently result in significant injury — and a subsequent phone call to a personal injury lawyer.  Therefore, I urge all construction site supervisors to be cognizant of the standards and rules set forth by the Florida Department of Transportation, for they are in place to help prevent injury at construction sites.

Specifically, unsafe road surfaces and unfinished pavement frequently leads to injury, especially for motorcyclists and bicyclists.  Being a North Miami construction site injury lawyer, too many times I come across car accidents or bike accidents due to issues with the pavement.  This is all too easy to prevent.

If you or someone you know was injured in a construction area or due to an unsafe road surface, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Why are Construction Workers Constantly at Risk?

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Brandon Stein

As a North Miami car accident lawyer that sues for construction site accidents, a case that I have recently filed in the 11th Judicial Circuit Court of Florida is just another example of the dangers of working construction. For purposes of anonymity, I will refer to my client as John Smith.

Mr. Smith was a construction worker employed as an asphalt laborer to perform paving work for the construction of Biscayne Boulevard just north of the American Airlines Arena.   Note: I say “was” because due to the significant injury from the car accident, as his lawyer, I do not know at this point whether John will ever be able to work construction again.

Mr. Smith had reported to work at the construction site for an overnight shift.  Naturally, the risks of being involved in a car or truck accident rise significantly at night — that is precisely why the presence of construction flaggers are of utmost importance to preserve the safety of all people working at the site.  Given the huge responsibility of directing traffic, flaggers are often required to undergo additional training and have more experience than your average construction worker, such as John Smith.

However, Mr. Smith’s supervisor required him to direct traffic that night, which happened to be a Friday night in downtown Miami — needless to say one of the busiest nights of the week.  Mr. Smith, fearful of losing his job if he told his boss that he was not properly trained and could not to perform this task, simply did what he was told and proceeded to direct traffic without any training or experience.

This is a construction zone that has the presence of trucks and cars traveling through the area constantly — always with a risk of causing an accident involving a construction worker, including John Smith.  As expected, shortly after Mr. Smith began directing traffic, he was hit and nearly killed by a car traveling through the construction site.  Fire Rescue and police responded to the scene and John was taken by ambulance to the Hospital.  The injuries that construction worker, John Smith, suffered from this car accident ultimately required two surgeries and extensive rehabilitation — the only way to get compensated for his loss was to hire a lawyer and recover money damages for his pain and suffering.

A major issue in this case is whether my client, John Smith, received adequate training in order to be qualified to direct traffic.  In fact, Florida has its own training and certification requirements for construction companies to follow when it comes to flaggers.  The Florida Department of Transportation (“FDOT”) sets forth Standard Specifications for Road and Bridge Construction.  Contained within those standards is a section dedicated to flaggers.  According to section 105-8.4 of the FDOT’s Standard Specifications, construction companies are required to provide trained flaggers to direct traffic.  In other words, it is illegal to have untrained, unqualified construction workers, such as John Smith, direct traffic and work as a flagger.

When you have untrained construction workers directing traffic, car accidents or truck accidents are inevitable to occur at the construction site, which almost always cause serious traumatic injury.  Being a North Miami lawyer who sues for car accidents or truck accidents in construction areas, I find on many occasions that the contractor has failed to abide by the standards set forth by the Department of Transportation.  When these failures occur, the person who pays the price is the construction worker that is placed in harms way and vulnerable to car accidents, or worse, truck accidents.

The one golden piece of information that I would like all construction workers to take from this article is that no matter the cost, never place yourself in a situation where you are performing work without the proper training.  Unfortunately, my client, John Smith, succumbed to the pressure of his employer to perform dangerous flagger work, which led to his injury from a car accident while at work.

If you or someone you know was injured from a car accident or truck accident in a construction area, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: 78 Year Old Construction Worker Killed After Being Pinned Between Dump Truck and Bulldozer

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Brandon Stein

As a Florida construction site injury lawyer, I firmly believe that onsite construction work should only be performed by those physically and mentally equipped to handle the rigors of that line of work.  Most, if not all, construction projects involve the use of heavy machinery and intense manual labor.  The dangers of working on construction sites are always present, so the foreperson or supervising construction company has the responsibility of protecting their workers.  Thus, if a construction company fails to supervise its site properly, and a worker is injured in Florida, then you can be sure that the injured construction worker will be hiring a personal injury lawyer for representation.

I bring up the subject of suitable construction workers for a project because this past Monday a 78-year old construction worker of Schomberg, Ontario (just north of Toronto) was killed after being caught in between a dump truck and a bulldozer.  The Canadian Press reports that the construction worker was getting off of a bulldozer that he had been working on when a dump truck struck him — pinning him between the two and killing him. Local authorities state that the man was a part-time worker for the unidentified construction company and worked on an as-needed basis.  A construction site injury lawyer has not been hired to represent the 78-year old as of yet, but I would suspect that representation for the worker’s death is forthcoming.

Under no circumstances am I asserting that senior citizens should be excluded from all construction work in general. However, construction companies should have specific standards of their own in place that qualify or disqualify certain individuals from highly dangerous construction tasks. Of course, the Occupational Safety and Health Administration has safety standards that construction companies are required to follow.  Yet, as a Florida construction injury lawyer, I strongly believe that each and every construction company should adopt its own site specific standards for a worker’s qualification to perform certain tasks.

Before allowing a construction worker to perform dangerous work, some factors that the employer should consider is: (1) age; (2) experience; or (3) physical strength required for the task.  Ultimately, construction employees should not be blindly placed into a position without the proper experience, training, and physical attributes.  As a South Florida lawyer who sues construction companies for employee injuries, I frequently address this issue of whether the construction employee was suited for the task he or she was performing at the time of the accident.

Going back to the 78-year old construction worker that was killed this past Monday, if I were hired to represent the man’s family in recovering damages, one of the first questions I would ask is “Why was this 78-year old man working with a bulldozer on this construction site?”  Was the man properly trained?  How long was he working for this construction company before being injured?  Does this construction company have a history of accidents on its construction sites?

Construction site accident cases are highly complex and often involve months, if not years, of litigation.  Hiring a construction site injury lawyer is very important so that you or someone you know recovers the maximum amount of damages that he or she is entitled, so Contact Us today if you or someone you know was injured in a construction accident.

By: Brandon Stein

Florida Construction Injury Lawyer: Remembering the Victims of 9/11

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Brandon Stein

As a Florida personal injury lawyer, everyday I speak with current or prospective clients that have, one way or the other, fallen victim to tragedy.  Whether a person is involved in a car accident, slip and fall, or construction site accident — I can typically proceed with a certain course of action that will hopefully enable my injured client to recover damages.  While the system we have is not perfect, it is the best we have to offer for our injured clients. The tragedy that occurred on 9/11 is in a class of its own, and no legal action or damages can repair the pain and suffering that this country endured on that fateful day.

Many of you are well aware that I focus my posts primarily on construction site accidents and construction site injuries.  However, on this somber day, 9/11, I believe it is necessary to remember the 3,000 people who perished from the terrorist attack on our country that day.  Yet, I believe I speak for everyone when I say that we all suffered that day, and we are reminded every year on this date of the tremendous sacrifice that our troops, law enforcement officers, and firefighters make every day to keep us safe.

I, like many others, can recall exactly where I was, what I was doing, and what was going through my mind on the morning of 9/11.  It was an experience that I remember vividly and will be etched in my memory for all my life.

The morning was 9/11/01.  The time was just before 9AM.  I was a senior at East Brunswick High School in New Jersey and sitting in second period.  Class was just about over, so my teacher allowed us to put on the television for the final 10 minutes — like she had done so many times before.  However, when we turned on the TV, nearly every channel was covering a “plane crash at the World Trade Center.”  My initial thought was: “Wow.  How can a plane get so sidetracked that it crashes into a huge skyscraper?”

The live footage that my entire class was watching was focused on the first tower that was hit. The fire and flames were out of control, and the smoke was darker than I had ever seen.  While watching this live feed of the burning tower, I noticed another plane come into the frame and become hidden for a moment behind the tower.  A split second later — the second tower was hit and a large explosion engulfed the sky.  At this point, I knew that this was no accidental plane crash — those planes were undoubtedly hijacked and used as kamikaze jets circa World War II.  While watching this live, I do not recall a single word being uttered by any of my classmates, nor my teacher.  Moments later, the bell rang for us to go to our third period class.

Walking through the narrow crowded hallways of East Brunswick High School that day was a surreal experience.  Seeing my classmates and teachers literally running through the hallways frantic was a scene out of a movie.  That entire day I felt like I was under water and simply could not speak or be my normal self.  I did not know how to react.  That was truly a day that will be imprinted in my mind and history books forever.

Let me stress that this anniversary should not be the only day that the victims, their families, fallen police officers and firefighters are remembered.  Every single day they should be remembered.

By: Brandon Stein