If you or a loved one has been involved in a personal injury accident, then there is a need for you to take certain steps to ensure that your rights are protected in such cases. one of the best ways to continuously secure your right is to involve a personal injury attorney in Orange County early enough in the case.
While several personal injury cases can arise, causing injuries to innocent persons, one of the most devastating of these accidents is the case where a pedestrian obtains an injury due to falling objects. In cases like this, the construction company or contractor in charge of the construction project generally will be responsible to pay damages to the injured victim. While accidents may be as a result of faulty construction, in other cases, it may also be as a result of carelessness on the part of a worker who has mistakenly dropped tools or machinery leading to such accidents. Affected persons can seek legal recourse by filing a lawsuit against the construction company seeking compensation for the damages and injury which you may have suffered as a result of the accident.
While a lawsuit works in most cases, you may also want to speak to an attorney representing your case regarding possible out of court settlement. An out of court settlement can save both parties a significant amount in legal fees while also taking care of the damages.
The Construction Site And The Falling Object
Construction sites are expected to be barricaded from public access thus limiting or significantly reducing the incidence of accidents. However, when construction is being carried out in locations where there are residential buildings or areas with heavy traffic, for instance, in the event of road constriction, there is almost no way to significantly cater to all the public masses coming in and out of the area.
When construction is being carried out in these public access areas, the chances of accidents are significantly increased especially as there could be cases of structural damages or defects, or in other situations, a case of mistakenly dropping tools from high up. If the workers are with utility companies, chances of injuries may be higher and fatal injuries may also occur. Some of the common injuries may be in the form of electric shocks, burns, or objects crushing the head of pedestrians who are using the walkway in the area.
In some cases, construction companies make use of heavy equipment and tools that can fall from very high off the ground and harm pedestrians on the road in the most severe way possible.
Construction Mistakes And Falling Debris
While construction companies are expected to take necessary steps to inform road users of the ongoing work and possible dangers associated with the construction activity, most of the common mistakes made involve barricades that fail to accomplish the primary mission of getting people out of the way.
In certain cases, barricades may fail to adequately warn road users and pedestrians off the construction area or the company may fail to inspect the area when the object falls thus putting them in a dark spot regarding who may have been harmed.
The construction company may be faced with heavy liability concerns when a pedestrian is hit by a falling object causing them great bodily harm and discomfort. However, the plaintiff is burdened with the responsibility to prove that the construction company is solely responsible for the error which has resulted in the injury. If such evidence can be presented before the court, the court may be able to award a significant amount in compensation for the damages and injury suffered.
The City And Construction
There are several sites across cities and states where seemingly continuous construction and utility work is being done. These areas are potential accident-prone sites for pedestrians. In general, objects may miss a pedestrian while in other cases, the objects may make an impact with the pedestrian causing them injury. Some pedestrians have been injured because of downed power lines or tree branches that fell too quickly. In cases like this, the city may be the liable party as they are in charge of the maintenance or construction project. In other cases, the construction company may be held liable. Speaking to a personal injury attorney can help you better clarify this and ensure that the true at-fault party is named in the claim.
Contractors For Construction
The construction company may also be held liable for the accident when falling objects cause harm to the pedestrians. In some other cases, the contractor who was negligent, leading to the fall of the object may also be held liable. In cases where the contractor is held liable, chances are that the construction company had hired them as an independent contractor or had hired the entity for which the independent contractor works. A victim will, however, need to work with their personal injury attorney to better understand how the contractor may not connect to the overall construction company as a whole.
When the contractor is to be held responsible, chances that such a victim will secure as much compensation as they imagined may be lowered significantly.
Utility Company Maintenance
Many pedestrian injuries caused by falling objects are attributed to construction companies or utility companies carrying out installations or maintenance jobs. In certain areas of the city, a power company may be held liable for injuries caused to pedestrians. Accidents resulting from utility companies can be dangerous and present more devastating injuries and aftermath, especially if such a company is working on electrical grids and power lines. In other cases, machinery and tools may slip from the contractor’s grasp leading to heavy injuries.
Filing A Claim For Falling Objects
When you or a loved one suffers injuries as a result of falling objects, he or she may be entitled to seek legal means of recovering claims for the damages done. Claims can be against the city, construction company, state, or government agency. When pursuing such a claim as this, it is important that as much evidence should be gathered to support the case.