A site inspector in a work zone along the New York State Thruway, identified as 45-year-old Brett Decker, was struck and killed by a dump truck. According to WIBX news report, the fatal construction site accident occurred the morning of June 7 at the mile marker 400.0 on I-90 between Exit 48 in Batavia and Exit 48A in Pembroke. Based on their preliminary investigation, state troopers say Decker was in the right lane of the Thruway, which was being milled as part of a repaving project when he was struck by a dump truck that was backing up.
Police said the dump truck driver was employed by a contracting company. Investigators do not believe the truck driver was impaired, but he underwent a mandatory drug test required by federal regulations for truck drivers who are involved in fatal incidents. No arrests have been made or summonses issued pending an investigation. We offer our deepest condolences to Decker’s family for their tragic loss. They will be in our thoughts and prayers.
Work Zone Crashes Involving Construction Vehicles
Work zone accidents occur due to a number of reasons. In this particular case, officials say a dump truck driver who was backing up caused the crash. According to the Occupational Safety and Health Administration (OSHA) getting struck by objects is one of the leading causes of construction site fatalities. The agency says that a vast majority of struck-by fatalities in construction sites — about 75% — involve heavy equipment such as trucks or cranes.
Such accidents can be prevented by making sure that vehicles are equipped with audible signals that turn on when they back up and alert workers and passersby in the area. It is also important that drivers who are backing up at a worksite use a lookout who can warn them. Drivers of forklifts, dump trucks and other construction vehicles and equipment should receive both job and safety training, which can help prevent such tragedies.
Liability Issues in Work Zone Accidents
There are a number of parties who can be held liable for a work zone accident in New York. Here are some of those parties:
- Negligent (careless) motorists who are impaired, distracted, inattentive, speeding or otherwise careless and cause a work zone crash.
- Other workers at a construction site who cause a collision with a worker.
- A construction company that fails to erect proper signage and compromises worker safety.
- Company that fails to erect guardrails or other protective structures to safeguard workers.
- A government entity that is in charge of site safety.
In these types of collisions, an experienced New York construction site accident attorney can review a victim’s case and identify the liable parties to be included in the lawsuit.
Injured workers may be entitled to receive workers’ compensation benefits, which cover medical expenses and a portion of lost wages. In addition, workers may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for significant monetary damages and have two sources of compensation available for their losses.
Examples of third parties include, but are not limited to, general contractors, construction companies, sub-contractors, building owners, managing agents etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident.
Contacting a Construction Accident Lawyer
If you have suffered injuries in a construction-related accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://wibx950.com/man-working-on-nys-thruway-road-crew-killed-in-tragic-accident/