Gordon & Elias, L.L.P.     800 - 773 - 6770

My husband was killed in a Construction Truck Accident at his work site. They see he is at fault when it is not. What can I do?

Question:  My husband was killed in a construction truckaccident.  He got out of his vehicle tofind a supervisor in order to find out where to dump his load of gravel.  When he walked behind another truck, thedriver didn’t see him and ran him over as he was backing up.  The construction company is trying to putsome of the blame on my husband, but I’m sure it was the driver of the othertruck who did not look before backing his truck up.  Who is at fault here?

Response: Although construction vehicles are massiveand generally slow moving, they are responsible for many of the most seriousaccidents on a construction site. Constructiontruck accidents can be caused by driver fatigue or inattention, lack of properconspicuity markings, improper backing, lack of flagmen, failure to obeytraffic signals, and failure to comply with relevant regulations. A crash with a construction vehicle can causepermanent injury, such as brain injury or spinal cord injury, as well aswrongful death.

Employersand job site owners are required to provide a safe workplace for constructionworkers. The type of system in place ata construction site where an injury occurs will be an important considerationin assessing the potential liability of the various individuals involved in theproject, especially as to the site owner’s liability.

If yourloved one has been injured or killed as a result of a construction accident,the first step in your legal recovery is to meet with a skilled attorney to discussthe situation. There may be issuesregarding proper compliance with occupation and site safety standards andregulations.

Answered by Linda Adams

Additional Resources: