Construction vehicle accident
Construction workers are at a risk of many different kinds of accidents, including some caused by the presence of moving vehicles and heavy equipment at a construction site. Construction vehicles include trucks, front-loaders, bulldozers, trenchers, skid-steer loader, compactor, dump trucks, pavers, backhoes, grader, thickness planer, articulated hauler, and telehandler. As on ordinary roads and highways, drivers of construction vehicles have a duty to use reasonable care when operating their vehicles. If you were injured or a loved one was killed by a construction vehicle, call the seasoned Chicago falling object lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We handle not only construction accident third-party lawsuits, but also workers’ compensation claims and SSDI claims.Recovering Damages for a Construction Vehicle Claim in Chicago
In order to establish a defendant’s liability in a construction vehicle accident, our attorneys must establish: (1) the defendant owed you a duty of care, (2) in how he operated or otherwise handled or supervised the operation of the construction vehicle, he breached the duty of care that he owed you, (2) the construction vehicle accident caused your injuries, (4) you suffered actual damages as a result of your injuries. For example, if you are part of the painting subcontractor’s crew at a highway construction project, and you were struck by a road paver finisher working with asphalt, such that you suffered broken bones and paralysis, you may have a claim against the paving contractor.
It could be appropriate to assert a product liability or premises liability cause of action as well. For example, if you were a visitor to the site who was hit as a result of the negligence of an operator of a moving crane, you may have grounds to recover damages from the party responsible for the moving crane.
Even if we can establish liability in a third party lawsuit, a jury may reduce your damages by an amount proportionate to your responsibility for the construction accident. For instance, if you parked your dump truck in a forbidden location on the construction site, and when you went around back to unload, a larger truck backed up into you resulting in crushing injuries, your damages may be reduced by your negligence in parking the dump truck in an inappropriate location. When a jury determines that you are 50% or more responsible for a construction vehicle accident, you may be barred from recovering damages.
If our attorneys can show a third party (other than your employer) was legally responsible for your injuries, we may be able to recover compensatory damages such as medical expenses, lost income, lost earning capacity, disfigurement, pain and suffering mental anguish, loss of enjoyment, and replacement services.Workers’ Compensation Benefits
You are not allowed to sue your employer for workplace injuries. With regard to the employer, the exclusive remedy for injuries an employee suffers in a construction vehicle accident is workers’ compensation benefits, paid by your employer’s insurer. These benefits don’t cover all the injuries you may suffer as a result of the accident; primarily, they cover reasonable and necessary medical expenses, a portion of lost wages, vocational rehabilitation and out-of-pocket expenses such as medical mileage. However, these are no-fault benefits; our lawyers won’t need to show your employer was at fault for the accident, and your compensation cannot be reduced in the event that you were partly or fully responsible for your own injuries.Consult a Chicago Lawyer About Injuries from a Construction Vehicle Accident
If a loved one died or you were injured in a construction vehicle accident, it’s important to seek trustworthy legal representation. Call the effective Chicago construction vehicle accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to handle your personal injury lawsuit, workers’ compensation claim, or SSDI claim arising out of injuries from the accident. Call us at 312-263-6330 or 800-444-1525 or complete this online form.