If you have been injured in a construction accident as a bystander in Los Angeles or elsewhere in California and are trying to hold the construction company, property owner and construction workers liable for the accident, be warned that recovering damages may not be as simple as it seems.
Apart from proving the above-mentioned parties’ liability, you may also face a plethora of other legal challenges, including fighting against witness accounts and testimony from construction workers, who are almost always in favor of the construction company to avoid penalties and other negative consequences.
Even if construction workers saw that the accident at a construction site was their company’s fault, they may attempt to put the blame onto you when testifying in court, arguing that you were trespassing or were otherwise negligent or careless. That is because admitting their fault may not only result in liability and penalties (if the construction worker contributed to the accident), but testifying against his or her own construction company may also prompt the employer to take adverse employment actions against that worker (i.e. firing, pay cut, etc.).
Liability in construction accidents in California
Construction accidents do happen considering how many dangerous activities are involved in the construction process. Given the amount of cutting, sawing, drilling, and grinding, which often happens at hundreds of feet in the air, it is not surprising why so many bystanders get injured in construction site accidents in Los Angeles and all across California.
But debris falling on bystanders is not the only dangerous condition found at construction sites, as uneven surfaces also pose a great danger for pedestrians and motorists alike. Our Los Angeles construction accident attorney from the Law Offices of Howard Craig Kornberg explains that under California law, construction companies must provide proper training for their workers to educate them on safety precautions.
Oftentimes, construction companies do not provide workers with adequate training or supervision. Also, it is not uncommon for construction workers to disregard these safety precautions and engage in negligent, reckless or careless activities, putting the lives of bystanders at risk.
By disregarding safety regulations, a construction worker also puts his or her own life on the line. In fact, it is estimated that 1 in 10 construction workers are injured every year.
Testimony from construction workers can be biased and unfair
“If you get injured in a construction accident as a bystander in Los Angeles or elsewhere in California, you have a legal right to sue the construction company and its workers for negligence,” says our experienced construction accident attorney in Los Angeles. “The only problem is that most construction companies are not eager to admit their fault and will exhaust whatever available legal options to escape liability or reduce the value of your personal injury settlement.”
One of the ways to avoid liability when sued for bystander injuries in a construction accidents is to use testimony from its construction workers as a legal defense against personal injury claims. Typically, there are lots of construction workers present at the construction site at the time of an accident, many of whom may even witness the accident firsthand.
These construction workers are often asked to testify in court, and more often than not, their testimony coincides with the legal defense mounted by their construction company. That is why testimony from construction workers cannot be trusted, and it is highly advised to hire a Los Angeles construction accident attorney to launch a thorough investigation into your case and oppose the biased and false testimony.
Contact the Law Offices of Howard Craig Kornberg to get a free consultation. Call our offices at 310-997-0904 or fill out this contact form to speak about your case and find the best legal solutions available.