Pedestrians Accidents and Construction Site Injuries
Who’s Liable for Pedestrian Accidents and Construction Site Injuries?
Recently, Downtown Los Angeles has seen a huge boom in construction. There seems to be a new apartment building or highrise popping up every day. With all the heavy construction and machinery operating at all hours of the day, the streets can become a very dangerous place for a pedestrian.
A general contractor has a duty to maintain a construction site, along with any surrounding areas in reasonably safe conditions. This, of course, includes making sure a construction site is clean and safe in order to minimize foreseeable risks for a pedestrian. Typically, there are two groups of people who will most likely endure construction site injuries: workers and pedestrians.
If you or a loved one was injured in a pedestrian accident Los Angeles, the experienced team of pedestrian accident lawyers at West Coast Trial Lawyers are always here to help. We will recover all the compensation you are entitled to so that you can focus on your recovery and on the ones you care most about.
Worker Injured on Construction Sites
The most common construction worker injuries typically have to do with electrocutions, falls, being struck by falling objects, or even being caught in between objects. However, a worker doesn’t necessarily have to lose his or her life to file a claim. Minor injuries will also entitle an aggrieved construction worker to file a claim for his or her losses. However, most construction site injuries suffered by workers will fall under the category of a worker’s compensation claim.
Furthermore, an injured worker may recover damages whether or not they contributed to any negligence towards causing the injury. Compensation will vary depending on the amount of negligence they committed during the incident. However, a worker’s compensation claim is usually an injured worker’s only course of action.
Pedestrians Injured on Construction Sites
As mentioned, there are many reasons why a pedestrian can be injured in or near a construction site.
Damaged pavement can cause a serious fall.<liaria-level=”2″>Falling objects or loose tools may land on a pedestrian.
<liaria-level=”2″>Inadequately marked crosswalks may cause a pedestrian to get hit by a car.
<liaria-level=”2″>Children may become seriously hurt by wandering into a construction zone that should be blocked off to pedestrians.
A general contractor has a basic duty of care to maintain their construction site in reasonably safe conditions, or at the very least provide enough warnings about any potentially hazardous conditions. The standard for determining an appropriate level of care is: a contractor must take the same precautions that any reasonable contractor would take given the same or similar circumstances. Failure to do so may result in liability.
There are other types of circumstances in or near a construction site that can cause harm to a pedestrian once a project has already been completed. For example, objects may not be properly secured, which can increase the chances of it falling to the ground. Also, a builder could make a mistake while creating a railing that can later cause the railing to fall down and hurt someone.
A personal injury claim can be filed in these types of situations. As with all personal injury cases, there must be an element of negligence. Basically, did negligence play a significant factor in causing injury to a pedestrian? And if so, how?
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
Contact Us to Find Out How We Can Help
If you have sustained injuries in the city of Los Angeles as a result of a pedestrian accident, an attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (213) 927-3700 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.