Run over by Operating Equipment Lawyer in NYC

Run-over accidents caused by heavy machinery are a leading cause of construction worker deaths in New York City. These incidents involving equipment like dump trucks, bulldozers, and forklifts often result from inadequate safety measures or operator error.

In 2022, transportation incidents, which include being struck by or run over by heavy equipment, accounted for 37.7% of all work-related fatalities nationwide. In the same year, construction and extraction workers experienced 1,056 fatalities, an 11% increase from 2021.

Understanding Run-Over Accidents in Construction

It's important to remember that these accidents are not your fault. Construction companies and equipment operators are responsible for maintaining a safe work environment.

Run-over accidents can happen with various types of equipment, including:

• Dump trucks
• Bulldozers
• Excavators
• Forklifts
• Cranes
• Front-end loaders

These accidents often occur due to factors beyond your control, such as:

• Blind spots. Large equipment often has significant blind spots, making it difficult for operators to see workers on foot.
• Poor backing practices. Lack of spotters, malfunctioning backup alarms, or failure to check surroundings before reversing can lead to tragic accidents.
• Lack of proper training. Inadequately trained equipment operators may not fully understand the risks or proper safety procedures.
• Poor communication. Miscommunication between equipment operators and ground workers can lead to dangerous situations.
• Inadequate safety protocols. Failure to implement or follow proper safety measures can increase the risk of accidents.
• Fatigue. Long work hours can lead to operator fatigue, reducing reaction times and awareness.

Preventing Run-Over Accidents

Understanding safety measures can help you recognize if your employer failed in their duty to protect you. To minimize run-on accidents, employers must ensure:

• Comprehensive training for equipment operators, including safe backing procedures
• Safety equipment on vehicles (backup alarms, cameras, reversing lights)
• Designated traffic patterns, including backing areas and pedestrian walkways
• Regular equipment maintenance and safety checks
• Use of spotters and clear communication protocols in high-risk areas
• Adequate lighting, visibility measures, and high-visibility clothing for workers
• Safety barriers between work zones and vehicle paths
• Strict enforcement of site safety rules, including speed limits, max load capacities, and load securing
• Regular safety meetings and implementation of a site-specific safety plan

If your employer neglected these safety measures, it could strengthen your case.

Have You Been Run Over by Operating Equipment?

If you're reading this shortly after an accident, here are some crucial steps to take:

1. Seek medical attention immediately, even if your injuries seem minor.
2. Report the incident to your supervisor. Make sure an accident report is filed.
3. If possible and safe, gather evidence at the scene, including photos and witness contact information.
4. Do not give any statements to insurance companies without legal counsel.
5. Contact an experienced New York City personal injury attorney as soon as possible.

In addition, run-over accidents can cause severe injuries, including:

• Crush injuries
• Broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Internal organ damage
• Amputations

Facing Run-Over Accident Claims

You'll need to prove negligence to succeed in a run-over accident claim. This involves demonstrating that:

1. The responsible party owed you a duty of care
2. They breached that duty
3. This breach directly caused your injuries
4. You suffered damages as a result

Insurance companies may try to minimize your claim or shift blame. Don't let this intimidate you. Having an experienced attorney can level the playing field and ensure your rights are protected throughout the claims process.

Injured by Operating Equipment?

Contact the Porter Law Group today for a no-obligation case evaluation and learn how we can protect your rights.

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How a New York City Personal Injury Law Firm Can Help

You may be feeling overwhelmed and unsure about your future. The physical pain of your injuries is likely compounded by worry about medical bills, lost wages, and supporting your family. It's natural to feel this way, but please know that there is hope and help available.

At this challenging time, you need an advocate who truly understands what you're going through.

At the Porter Law Group, we offer:

• Free, non-obligatory consultations to evaluate your case
• Thorough investigation and evidence-gathering
• Skilled negotiation with insurance companies
• Expertise in maximizing your compensation
• In-depth understanding of New York labor laws and OSHA regulations

Our expert run-over accident attorneys can help you receive fair compensation while focusing on recovery. We operate on a contingency basis, meaning you don't pay unless we win your case.

Legal Protections for NYC Construction Workers

As a construction worker in New York, you have strong legal protections:

• New York Labor Law Section 200: This general duty clause requires employers to provide a safe work environment.
  • If a worker is run over by heavy equipment, Section 200 can be invoked to hold the employer or contractor responsible if it can be shown that they failed to maintain a safe work environment or did not properly supervise the equipment operation.
• New York Labor Law Section 240 (the "Scaffold Law"): this section specifically addresses the safety of workers who perform tasks at heights. It requires that proper safety devices, such as scaffolds, hoists, and ladders, be provided to prevent falls.
  • While Section 240 primarily deals with falls, it can also be relevant if a worker is struck by a falling object due to inadequate safety measures. For example, if heavy equipment is improperly secured and falls, causing injury, this law could apply.
• New York Labor Law Section 241(6): This section mandates compliance with specific safety regulations in construction, excavation, and demolition work.
  • Section 241(6) is particularly relevant to run-over accidents as it includes provisions for the safe operation of vehicles and heavy equipment on construction sites. Employers must ensure that all safety protocols are followed to prevent such incidents.
• Additionally, federal OSHA regulation 1926 Subpart O sets standards for equipment operation on construction sites.

Your Rights After a Run-Over Accident

You have rights to compensation through:

1. Workers' Compensation Benefits. These can cover your medical expenses and a portion of lost wages.
2. Third-Party Claims. If someone other than your employer (like an equipment manufacturer or subcontractor) was responsible, you could file a personal injury lawsuit.

An experienced attorney in run-over accidents can help you understand and pursue all available options to ensure you receive the compensation you deserve.

Seeking Expert Legal Counsel for Run-Over Accidents in NYC

If you were in a run-over accident on a NYC construction site, time is of the essence. New York's statute of limitations generally allows three years from the accident date to file a personal injury lawsuit. However, it's crucial to act quickly to preserve evidence and build a strong case.

At the Porter Law Group, we're here to support you through this challenging time. We offer free, no-obligation consultations to discuss your situation and explain your options. Our dedicated team of personal injury lawyers has helped many workers like you rebuild their lives after devastating accidents.

Contact us today at 833-PORTER9 or online to schedule your free, no-obligation consultation.