The 2024-2026 New York City Construction Outlook Report points out that the city continues to take the top spot when it comes to construction activity across the U.S. Unfortunately, where there is construction, there’s room for accidents. In addition, while construction site accidents are not uncommon, one also has to account for the risk that construction vehicles pose. What helps is that the law has your back if you have suffered injury in a construction vehicle accident.
What the Law Says
The NYC Department of Buildings (DOB) regulates all construction projects in the city; enforces the city’s construction codes, New York State Multiple Dwelling Law, and zoning resolution; and promotes safety at construction sites. It requires construction companies to oversee the safety of all workers and provide ongoing training to drivers who operate construction vehicles. They also need to maintain their vehicles well and ensure that they remain free from defects.
Legally, the onus of complying with safety measures typically rests with construction companies, which is why it’s possible to hold them liable for injuries that result from accidents their vehicles cause. You may do this either by filing a personal injury claim or a lawsuit.
How Non-Construction Workers Are at Risk
While construction workers are at risk of being involved in construction vehicle accidents, so are others. Examples of how you might be at risk even if you don’t work at a construction site include:
- You live or work close to a construction site.
- You park your car/motorcycle near a construction site.
- A construction vehicle collides with yours while driving.
- A construction vehicle hits you while you’re walking.
Why Construction Vehicle Accidents Occur
Construction vehicle accidents take place for different reasons, and some are more common than others.
- Backovers. Data collated by the Occupational Safety and Health Administration (OSHA) indicates that 70 workers lost their lives because of backover accidents in 2011 (no newer data exists). Dump trucks accounted for the highest number, followed by semis/tractor trailers, trucks, forklifts, garbage trucks, and pickup trucks, respectively.
- Struck-by accidents. According to OSHA, around 75% of struck-by fatalities take place because of heavy vehicles like trucks and cranes. It also points out that construction workers account for 25% of all struck-by-vehicle deaths, the highest among all occupations.
- Poor maintenance. Poor maintenance of construction vehicles is a significant contributing factor to accidents on construction sites and public roads. For example, worn brake pads, leaks in brake lines, or insufficient brake fluid can lead to extended stopping distances or a complete loss of braking ability. Tire problems, steering failures, suspension failures, engine issues, and transmission problems can also cause accidents.
- Manufacturing defects. While maintenance issues arise owing to neglect over time, manufacturing defects mean a vehicle was faulty from the moment it left the factory. These can come in the form of inadequate safety features, ergonomic issues, substandard materials, faulty components, assembly errors, and insufficient instructions/warnings.
- Site defects. OSHA requires construction sites to have stable and level ground for operating construction vehicles. They also need to ensure protecting workers from environmental and electrical hazards that may cause vehicular accidents or amplify construction site injuries resulting from an accident.
Types of Construction Vehicle Accidents
Most types of construction vehicles, given their size, carry the potential to cause accidents that lead to severe injuries. The most common types of accidents include:
- Crane accidents. Direct impacts, falling payloads, and collapses can cause serious injuries and loss of life.
- Forklift accidents. Forklifts can roll over or strike an individual or crush an individual against another object. The National Safety Council indicates that 67 workers lost their lives in accidents that involved forklifts, platform trucks, and order pickers in 2023.
- Excavator accidents. If an excavator’s shovel comes loose and it drops, its force and weight can crush workers underneath. Workers can get caught off guard when the boom and cab of an excavator change direction, which may lead to pinning, crushing, or striking injuries.
- Dump truck accidents. Drivers of dump trucks can find it difficult to see behind their vehicles when they back up. This can be risky because the areas they backup into are typically where they dump their debris, and they might run someone over, or the falling debris might crush someone. On the road, poorly secured payloads present risks to other motorists. A dump truck’s blind spots can also be a cause for concern.
- Loader accidents. Loader drivers can face challenges with visibility because they tend to sit high up and are unable to see right around them. This can cause the scoop’s load to fall on someone, or a worker can come under the loader. In addition to crushing and rollover accidents, loaders can also cause striking accidents.
Who Can You Hold Liable?
More often than not, liability for a construction vehicle accident rests with the company responsible for its upkeep (which is typically the construction company it belongs to) or its manufacturer. However, depending on the specifics of a case, liability may come in other forms, and it might be possible to hold one or more parties liable. For example, driver negligence or co-worker negligence might cause a construction vehicle accident.
The most common types of liability associated with construction vehicle accidents include:
- Construction company liability.
- Manufacturer liability.
- Component manufacturer liability.
- General contractor liability.
- Subcontractor liability.
- Property owner liability.
- Leasing company liability.
- Government agency liability.
Conclusion
Know that construction companies and their insurance providers tend to have teams of lawyers who specialize in minimizing their liabilities or denying claims completely. As a result, if you or someone you know has suffered injury in a construction vehicle accident, you need an experienced personal injury lawyer by your side to increase the odds of a successful outcome.
Your lawyer will determine who to hold liable for your injuries, help you navigate complex workers’ compensation and insurance issues, prove negligence on the part of the opposing party, negotiate with the opposing party’s insurance company, and try to get the compensation you deserve. If negotiations for a fair settlement fail, your lawyer will file a lawsuit in court and fight for a verdict that’s in your favor.