Construction Season is Here
Spring season is here! For Buffalo and Western New York, that means construction season is starting up again — we’re here to remind you of any safety procedures that every driver needs to be aware and reminded of.
- While the official list of streets of Buffalo’s reconstruction plan can be found here, please be aware of the new signage, narrower lanes, uneven pavements, and rise of distracted drivers that will pop up during the upcoming season.
Below, we have an easier guide to help Buffalonians to stay safe and be aware.
Common Types of Construction Accidents
There are common accidents that can happen near or at construction sites/work-zones. From rear-ended crashes to construction vehicles being involved, anything can happen—so don’t let your guard down. But to help you be aware, below are the most common ones to happen in WNY:
- Rear-end Crashes: rear-ended crashes make up about 30% of all U.S car crashes, when a vehicle crashes into the back of another vehicle.
- Sideswipe Accidents: One vehicle hit, scrapes, or collides with another vehicle from the side possibly causing whiplash and concussion for the driver.
- Lane Shifts/Detours Accidents: When the lanes start to get confusing, a driver will instinctively try to merge to the side that “ensures safety,” causing an accident to occur. Make sure to be aware of blind spots, signal lights, and yield signs to avoid these accidents.
- Pedestrian Construction Areas Injuries: Construction areas have falling debris, uneven surfaces, and causes an increase in traffic, as there are trucks, forklifts, or cranes in the way — pedestrians are everywhere and a chance of injury is high, so be careful the next time you’re walking.
- Bike Accidents: There are increase chances of bike accidents with the debris, poor pavement, and the narrower roadways — as Buffalo is, indeed, a city meant for driving — causing an extra wave of caution for bikers, so slow down and be on the look-out.
- Construction Equipment Accidents: The possibility of collision with construction vehicles increases, as they could possibly strike when reversing or exiting an area. Be aware of any-and-every vehicle and/or equipment that is around, as they can cause serious injuries to pedestrians and workers alike.
Who’s Responsible?
When an accident happens, it can be tricky to see who may be responsible. Every matter depends on the parties involved, where it happened, and what exactly happened to cause an accident. There’s never one clear answer.
Different scenarios may cause different points of responsibility, for example:
- A driver may be negligent when they’re not following driving safety regulations: speeding, distracted, driving too closely to another driver, or ignoring work zone warning signs.
- A construction company or contractor can be held responsible if they don’t have proper safety standards: proper warning signs, barriers, flaggers, lighting, safe traffic control measures, and proper protective fencing.
- For third party companies, like engineers, contractors, architects, and subcontractors, they may also be held responsible because they are a part of the work project.
- Claims against cities, towns, and villages — otherwise known as municipalities — can be tricky! They involve special rules, short deadlines, and very specific incidents to occur. Make sure to get attorney guidance for the best course of action.
These Cases Can Be Complicated
For construction accident cases, they can be more complicated than one would think. Usually, there are multiple people considered: designers, owners, municipalities, pedestrians, builders, managers, and civil tradespeople. It’s almost never just one person involved.
Government agencies can also be involved in the matter — for which a person has to file a “Notice of Claim” within 90 days of the accident if a municipality is involved. There are strict deadlines and notices.
Records are also an important part of any matter: contracts, project records, medical reports, daily logs, incident reports, and equipment logs. These are all needed for insurance claims, with additional site inspections to identify the hazards and if the work zone is up to standards.
Additionally, for any case, evidence is required:
- Photographs and Videos: full views of the work zone, equipment, debris, the safety violations, injuries, location (street signs, surrounding areas), and weather conditions.
- Witness Statements: these must be factual and detailed — never take assumptions. Take their name, date of the statement, the incident time and location, and their statement of the incident.
Make sure to have a stronger claim and gather every piece of evidence as soon as possible. Investigate early to preserve the evidence because it’s meant to help you and strengthen your claim.
What an Injured Person Should Do
If you were injured in a construction site accident, try to stay calm and follow these steps:
- Seek Medical Attention: Always make sure to put your health first and get checked by a medical professional to make sure there are no urgent injuries.
- Take Photos and Videos of the Scene: Take pictures of everything you see! Capture the work zone, the exact hazard, location (street address, signs, and weather), your injuries, and equipment involved.
- Identify Witnesses: If there was anybody nearby, get their contact information and their statement.
- Speak with an attorney or legal professional to make sure that you have the best possible help for your matter. It can be difficult to navigate everything. Don’t take it all on by yourself.
In these cases, situations can get hectic but make sure to try to remember this list. Don’t guess about anything and make sure to always have factual statements, especially when regarding your injuries and what happened, never ever guess or second-guess yourself.
Don’t Hesitate to Reach Out
Don’t think the worst just yet with construction season! There are different cases for different accidents, so you may have rights, but make sure (no matter what type of matter you have) to have it evaluated quickly because evidence can disappear and there may be deadlines that you are unaware of.
So, act fast!
Reach out to attorneys that want to help you.
Request a free consultation for your matter here at The Coppola Firm at 716-839-9700 or email info@coppolalegal.com.
