Tag Archives: Construction Site Personal Injury

Florida Construction Injury Lawyer: Is the World Trade Center construction site cursed?

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Brandon Stein

By: Brandon Stein

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

We certainly do not need to recount the tragic events of 9/11, nor do we need to relive the devastation that the World Trade Center endured.  Moving forward, a new World Trade building is being constructed, and naturally, issues have arisen during the course of this project.  With any construction project, accidents are inevitable, but for massive projects such as the World Trade, incidents seem to occur more frequently.

This past Wednesday, a fire erupted at the World Trade construction site.  According to reports, the New York Fire Department responded to the scene after being notified that a storage container at the site had become engulfed with flames.  At this juncture, it remains unclear as to the cause of the blaze, but at the very least, no injuries have been reported as of yet.  There is no question that this site commonly referred to as “ground zero” has endured significant hardship, but as 2012 comes to a close, the number of construction site accidents have been overwhelming.

As a Fort Myers construction lawyer that sues companies for construction site accidents, I am rarely surprised when I hear about incidents similar to that detailed above.  Because when it comes down to it, construction zones pose extremely dangerous conditions for its workers.  However, the number of construction accidents occurring at the World Trade Center construction site this year are mind-boggling.

Beginning on February 16, a crane accident occurred resulting in the free-fall of a steel beam dropping 40 stories onto a flatbed truck — resulting in no injuries.  A few months later on June 2, the 89th floor of the new World Trade tower caught fire, but luckily no injuries were reported.  Later that same month, a construction worker fell onto a piece of metal that pierced his side, which resulted in a leg injury.  In July, another worker had been injured after a large steel beam rolled over onto his leg, which required hospital treatment.  Then in August, a construction worker suffered a trip and fall that required treatment for minor injuries.  Lastly, one month before the fire that occurred this past Wednesday, a worker had been struck by a piece of overhead pipe that became dislodged — causing a minor head wound.

Being a Naples personal injury lawyer that helps those hurt in construction accidents, not one incident occurring at the World Trade construction site this past year is shocking to me.  Whether the construction company does everything completely correct in managing the site, or is negligent in some fashion, a North Miami Beach construction lawyer has most likely helped a client involved in the same or similar accident.  These construction accidents occurring this past year are not abnormal, but the larger the site, the larger the possibility of an incident occurring.

Injured?  Contact our Cape Coral personal injury attorneys today.

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

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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: 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: Florida Keeps it Difficult to Sue the State

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Brandon Stein

Being an Aventura lawyer that sues the Department of Transportation (“DOT”) for construction site injuries, I have been finding that the Florida Legislature is making it increasingly difficult for my clients to bring a lawsuit. However, the Florida Legislature does not make it impossible to sue the DOT.

Just this morning, I was before 11th Judicial Circuit Court of Miami-Dade County Judge Marc Schumacher on a Motion to Dismiss.  We had initially filed a Complaint on behalf of our client injured in a tragic car crash involving the express lanes on Interstate 95 northbound in Miami.  The accident had occurred on the very first day that the express lanes opened in July 2008, which many remember as being an extremely chaotic day on I-95.  Construction was not yet finished when these lanes were opened, and as a result, confusion spread among South Florida drivers. Many car accidents occurred, and naturally, several South Florida lawyers received calls from injured drivers.  One of those injured drivers was my client, which ultimately led to us filing a Complaint against the Florida Department of Transportation and several contractors hired by the FDOT to perform work on the 95 Express Lanes Project.

Immediately, without submitting any type of answer to our Complaint, the FDOT filed a Motion to Dismiss on the basis of Sovereign Immunity identified in Florida Statute Section 768.28.  Basically, if you are injured in a car accident or construction accident, your lawyer will most likely inform you that the law in Florida prevents lawsuits against the state because of sovereign immunity.  But does this mean that the state is immune from all negligent acts?

According to Florida law, the state is immune from acts committed that are defined as “planning level” or “decision-making” functions.  For example, if a person is injured in a car accident on a highway in North Miami and their lawyer wants to sue the state of Florida because the road was negligently designed, then the state will be immune — as this falls within the “planning” or “decision” function of the state.  However, the Florida Supreme Court does point out an exception to this immunity.

In the landmark case of “Department of Transportation v. Neilson,” the issue of sovereign immunity was directly addressed — which in fact was the very issue argued before Judge Schumacher this morning.  The Supreme Court in “Neilson” established an exception for when an injured person may sue the state.  So, if an accident occurs and the injured person contends that the state is responsible, then he or she must prove the following elements: (1) governmental entity created a known dangerous condition; (2) that known dangerous condition was not readily observable to the public; and (3) the state failed to provide adequate warning informing the public of this dangerous condition.

Essentially, if the state fails to adequately warn the public of a known dangerous condition that they created, then a person injured in a car accident, construction accident, or any accident for that matter, may bring a lawsuit against the state for negligence.  Because of this exception laid down in the “Neilson” case, I was successful in my hearing this morning, thus preventing this very significant I-95 Express Lanes case from being dismissed.

If you or someone you know was injured in an accident involving a governmental entity, then 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: Worker Killed in Truck Accident

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Brandon Stein

As a North Miami lawyer who sues for truck accidents, I find it shocking the number of car accidents that occur on South Florida’s highways and roadways — particularly in construction zones.  The tasks that construction workers perform on job sites are dangerous enough — now add large trucks passing through and you have serious safety risks.

Yesterday afternoon on a Texas highway, a construction worker was killed after being struck by a large truck.  The worker was performing highway construction for the Department of Transportation when he was hit.  Authorities state that the 20-year old man was in the middle of a cement paving job on the side of the road.  However, it remains unclear as to whether the construction worker was in the road at the time of the truck accident, or if the truck swerved off to the side of the road.  Yet, investigation is ongoing and no charges or lawsuits have been filed.

As I mentioned in my post from September 17, 2012, one of the most dangerous vehicles traveling on the road are trucks.  Simply put, lanes on a highway are typically 12 feet wide. This lane width does not pose a problem for normal cars.  However, the average width of an 18-wheeler truck is 8 1/2 feet — that means that the truck has only 3 1/2 feet to work with when traveling in a typical highway lane.  I do not mean to get all technical and numbers oriented, but in many of the truck accident cases that I have litigated in North Miami, the offending truck often sways just outside of its designated lane — causing a car accident, or worse, an accident involving a construction worker.

Needless to say, performing construction work on the side of a highway is extremely dangerous.  This work becomes especially dangerous when trucks are traveling through these construction zones.  For large trucks that have several blind spots, being given adequate notice of the presence of construction workers is of the utmost importance. That’s right, notice.

Many North Miami construction site cases involving a truck accident often come down to whether the truck driver had the proper notice of the presence of a construction project. Florida law requires that adequate notice is given to drivers well before approaching a construction area so that the driver, or truck driver for that matter, can have time to slow down, change lanes, or exit the highway if proper detours are in place.

Unfortunately, as a North Miami lawyer for many who are injured from truck accidents, I constantly find that one, or both, of the following factors contribute to car accidents: (1) the truck driver was speeding and driving carelessly through a construction zone; or (2) the truck driver was not given proper notice of a construction area ahead.

No matter the case, and sadly, even if all necessary precautions are followed, truck accidents continue to occur involving construction workers — as we have seen from the tragic accident detailed above.

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

By: Brandon Stein 

Florida Construction Injury Lawyer: Trucks Driving Through Construction Zones Pose Serious Safety Risk to Aventura Drivers

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Brandon Stein

As an Aventura car accident lawyer that sues construction companies, I have noticed that the Florida Legislature has made it increasingly difficult to bring a lawsuit if a construction worker is injured in a construction zone by a car.  This piece of legislation is more fully explained in my previous post from August 18, 2012.  But what if the injured person is the driver of the car passing through the construction area?  I have litigated many car accident cases in Aventura that have occurred in construction zones where the liable vehicle turns out to be a truck.

Frequently, cars traveling through a construction site must deal with the presence of large trucks that certainly pose a hazard for all South Florida drivers.  In many cases, trucks traveling through a construction area fail to obey the local speed limit, or even worse, fail to recognize the presence of traffic control devices — including construction workers performing flagging duties.  One of the most, if not the most, dangerous types vehicles traveling on Florida roadways are large trucks.  Now, add a construction site that a truck must pass through — you have a car accident waiting to happen.

Each construction zone has its own traffic control plan, which is basically an engineering plan that informs the construction company how traffic will be ambulating through the site while work is being performed.  Simply stated, the traffic control plan is a safety precaution utilized by construction companies to allow for the continuous flow of traffic while work is being performed.  Nevertheless, no matter how specific these plans are, car accidents continue to occur within construction sites that involve trucks.

Unfortunately, the mentality of a truck driver is that he or she is “king of the road.” However, this does not mean that the truck driver is the only vehicle on the road.  Driving a truck with this mentality is dangerous as it is, but driving a truck with this mentality through a construction zone can lead to catastrophic personal injury requiring a car accident lawyer.

Car accidents involving large trucks within a construction site often lead to serious personal injury for the driver or passengers of the car.  As I explained thoroughly in a previous post from September 4, 2012, when you are injured in a car accident in Aventura, Florida and you hire a lawyer, you are usually at the mercy of auto insurance policies. However, if you happen to be injured from a truck traveling through a construction area, the injured person typically has a greater chance of receiving full compensation for his or her injuries.

Typically, trucks are traveling with commercial auto insurance policies that contain coverage for bodily injury sometimes exceeding $1 million.  As a lawyer who sues for car accidents in Aventura, I have yet to see a typical State Farm or Progressive automobile insurance policy that has bodily injury coverage approaching the seven figures. Additionally, if you are injured by a truck in a construction zone, you may also have a case against the construction company managing the site.  Simply stated, many car accidents occur at construction sites because of improper or poor management of the construction area.

So for you car drivers out there, as dangerous as it may be for a truck traveling through a construction site, the possibility of receiving full compensation for your personal injury is that much greater given the high bodily injury coverage for commercial truck drivers.

If you or someone you know was injured in a car accident involving a truck, please Contact Us today.

By: Brandon Stein