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I was driving by a construction site when some debris hit my car causing me to lose control and hit a concrete barrier. I have permanent neck and back injuries. Can I sue the construction site?

 

A:

Yes. Debris from a construction site should not be falling onto the roadway below.  There are OSHA safety standards and regulations that contractors working at construction sites need to comply with in order to ensure the safety of their workers and the public, like pedestrians and drivers.

However, I need more information regarding your accident, such as whether there were barriers around the construction site, what, if anything, did anyone from the construction site say to you after your accident, etc. Moreover, a thorough investigation needs to be conducted to determine the responsible parties for your accident and injuries.  Because there are typically multiple contractors on a construction site, we need to know whose responsibility was it to ensure that debris did not fall onto the roadway below.

For example, if the debris fell during demolition, then the demolition contractor may be responsible, or if the debris fell during debris deposal, the contractor responsible for debris disposal may be responsible.  In fact, there may be more than one responsible party for your accident depending on job specifications.  In that case, you may bring a lawsuit against multiple parties, such as the general contractor, sub-contractor, demolition contractor, etc. Therefore, it is important to review critical contracts and documents between the parties to make that determination.

Feel free to give me a call and I would be more than happy to discuss your case with you. 877.944.8396.

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