Wrongful death claims in Carlsbad often arise out of accidents and injuries that also seem like they could have given rise to a personal injury lawsuit. For example, a serious car accident might result in life-threatening injuries for one vehicle occupant, but that same accident might have led to fatal injuries for the driver of another vehicle. Similarly, construction accidents can sometimes lead to debilitating injuries that prevent construction workers from going back to the job due to a permanent disability, but sometimes a similar type of accident can cause fatal injuries for another construction worker. For example, a fall from scaffolding can produce different types of injuries in different people and in different situations.

How does California law distinguish between a personal injury lawsuit and a wrongful death lawsuit?

Connections Between Personal Injury and Wrongful Death Law

Personal injury law allows an injured person to file a lawsuit in order to seek compensation for her losses as a result of the injury. Wrongful death law in California (California Code of Civil Procedure § 377.60) is related to personal injury law in that it also allows a plaintiff to file a lawsuit when someone sustains fatal injuries. However, a personal injury lawsuit is filed by the injury victim, while a wrongful death lawsuit is usually filed by a surviving family member (a “personal representative”) such as a spouse or child of the deceased.

Wrongful death law essentially says that, since a victim of fatal injuries cannot file a personal injury lawsuit herself, a personal representative can step into her shoes and file a wrongful death claim.

Different Statutes of Limitations for Personal Injury and Wrongful Death Claims

While personal injury and wrongful death law are related, the statute of limitations in these different types of cases begin running at very different times.

The California Code of Civil Procedure § 335.1 specifies that the statute of limitations in most personal injury lawsuits is two years from the date of the injury. This means that an injured person has two years from the date on which she got hurt to file a claim for compensation. Sometimes the statute of limitations can be tolled (paused), but a plaintiff should not rely on that. While the statute of limitations in wrongful death claims is also two years, the statute of limitations does not begin running until the death of the person for whom the claim is being filed.

For example, if a person suffers a serious injury in a car accident and decides to file a personal injury claim, she must file it within two years from the date of the injury in most cases. If that person ultimately dies as a result of her injuries, however, then the statute of limitations for a wrongful death claim begins running on the date of death.

Contact a Carlsbad Wrongful Death Lawyer About Your Case

If you lost a loved one in an accident caused by another party’s negligence, it is important to learn more about filing a wrongful death lawsuit in California. A dedicated Carlsbad wrongful death attorney can examine the facts of your case today and can discuss your options with you in more detail. Contact the Walton Law Firm to begin working on your case with an experienced and compassionate injury lawyer.

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(image courtesy of Matheus Ferrero)

Whether you work at a construction site in Poway or elsewhere in San Diego County, it is important to know about construction accident risks and ways to mitigate hazards. In particular, scaffolding collapses can result in serious and deadly fall-related injuries. According to a recent article in U.S. News & World Report, a scaffolding collapse that occurred at a building site in San Diego resulted in injuries to four construction workers. Of those, three construction workers were listed as being seriously injured. At least one of the workers is said to have suffered life-threatening injuries.

How did the scaffolding collapse occur? According to fire officials, the construction workers were “hanging drywall in an unfinished apartment building near Petco Park Wednesday morning when the scaffolding collapsed and they tumbled 16 feet to the ground.” Officials are still investigation the accident. What else do you need to know about scaffolding collapses and construction accident injuries?

Scaffolding Collapse Accidents Happen More Often Than You Might Think

While many construction site employers do take steps to prevent scaffolding collapse injuries, these accidents happen more often than you might think. According to a fact sheet from the Occupational Safety and Health Administration (OSHA), more than 50 construction workers sustain fatal injuries each year as a result of scaffolding collapses. This information is particularly devastating given that many construction workers are not properly equipped to safely use scaffolding at construction sites. In other words, a large percentage of scaffolding accidents are preventable.

A report from the Bureau of Labor Statistics (BLS) indicated that approximately 25% of all construction workers injured in scaffolding collapses have not been trained in scaffolding safety. In addition, almost 80% of scaffolds from which a construction worker sustained serious fall-related injuries did not have proper guardrails.

By providing proper training to employees when it comes to scaffolding safety, and ensuring that all scaffolds are equipped with appropriate guardrails and other safeguards, the BLS predicts that approximately 4,500 injury accidents could be avoided each year.

The “Fatal Four” in Construction Accidents

Falls are among the most common of all construction accidents. According to EHS Today, the “fatal four” account for nearly 60% of all construction fatalities. In addition to falls, the other “fatal four” include being caught between objects, electrocutions, and being struck by an object. About 36% of those deadly accidents were falls.

Speak with a Poway Construction Accident Lawyer

Construction accidents can be prevented when employers take proper precautions. To learn more about filing a claim, you should speak with a Poway construction accident attorney as soon as possible. Contact the Walton Law Firm to learn more about the services we provide to clients in San Diego County.

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(image courtesy of Zachary Shakked)

According to a recent article in U.S. News & World Report, a San Diego County construction worker from Escondido suffered fatal injuries following the collapse of a concrete wall. The accident also resulted in nonfatal injuries to another construction worker on the scene. Construction accidents often are preventable, and it is important to understand steps to take to keep workers safe.

Investigating Wall Collapses and Preventable Construction Accidents

As the article clarifies, the construction accident occurred while construction workers were digging a trench at an auto dealership in San Diego County. During the trench digging for a new wall, a concrete wall collapsed and crushed the 51-year-old construction worker. Firefighters and emergency responders arrived at the scene, but it took about 90 minutes to clear the cinderblock rubble from the victim, and he was pronounced dead by the time the responders were able to reach him. As we noted above, another worker at the scene sustained more minor injuries and was transported to a nearby hospital for treatment.

A report from NBC San Diego also covered the story of the deadly wall collapse, noting that the accident occurred just before 12:20 p.m. on a Monday afternoon. The construction workers had been on the scene to help construct a new car dealership in El Cajon, and they were “digging footing for a masonry wall adjacent to an existing masonry wall” when the collapse occurred. The construction workers had been digging a trench alongside residences when the existing six-foot concrete wall collapsed. The collapsing wall is estimated to have weighed anywhere from 5,000 to 6,000 pounds.

The report indicates that the 51-year-old victim, an Escondido resident named Fernando Martinez, had been taking his lunch break when the accident happened. Cal/Occupational Safety and Health Administration will be investigating the accident, which is likely to take around three to four months. Cal/OSHA will be seeking to determine whether the worksite violated safety and health regulations in the state.

Learning More About Wall Collapses and Trench Digging Safety

How dangerous is trench digging, and how often do wall collapses occur on construction sites? According to a fact sheet from the U.S. Centers for Disease Control and Prevention (CDC), between 2000 and 2006, 271 workers across the country sustained fatal injuries from trenching or excavation work. On average, there are around 54 fatalities in this particular area of construction work each year, and nearly 70% of those accidents occur in smaller companies with fewer than 50 construction workers.

What steps can be taken to prevent fatal wall collapses and cave-ins? During the process of construction work, the CDC recommends the following:

• Have a competent person inspect excavation areas everyday before work starts, during shifts, and after rain;
• Ensure that vehicles are kept at a safe distance from the excavation site;
• Position ladders so that they are within 25 feet from workers in trenches;
• Remove workers from a trench anytime there is any indication that a condition could cause a cave-in (such as water accumulation);
• Monitor all trenching accident hazards, such as fall-related risks, rigging hazards, and the presence of any combustible gases; and
• Create and enforce procedures to prevent employees from working in an unprotected trench, even for a very brief period.

Contact a San Diego County Construction Accident Lawyer

Construction accidents can be devastating, and many of them are preventable. If you or someone you love sustained injuries in a worksite accident, an experienced San Diego construction accident lawyer can assist you. Contact the Walton Law Firm today to learn more about filing a claim for compensation.

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(image courtesy of Matthew Hamilton)

Fatal Crane Accident Reported at Southern California Construction Site Many jobs are dangerous, but certain jobs pose more injury risks than others. According to a recent report from NBC 4 Southern California, a SoCal Edison worker recently suffered fatal injuries in a crane accident. The incident took place at around 4:00 p.m. in the Los Angeles area at a West Hollywood construction site. The fatally injured worker was transported to a nearby hospital by emergency medical responders, but he was pronounced dead upon arrival. An article in the Los Angeles Times also covered the story, detailing how the contractor was “crushed between a construction crane and a trailer.”

The accident occurred in an area heavy with construction, as it has seen a “redevelopment boom in recent years.” A spokesperson for the Los Angeles County Sheriff’s Department described the incident as an “industrial accident.” Soon after the worker sustained these deadly injuries, representatives from the California division of the Occupational Safety and Health Administration (“Cal/OSHA”) arrived at the scene to investigate.

Understanding Crane Accidents and Injuries We often read about tragic crane accidents just like the one that occurred earlier this month. But how often do they actually happen? Is this one of the primary causes of serious and fatal construction accidents? According to a research report from the Center for Construction Research and Training and the National Commission for the Certification of Crane Operators (NCCCO), between 1992 and 2006, 307 fatal crane accidents occurred. Through these accidents, 323 construction workers lost their lives, which averages to approximately 22 workers per year. The report identifies the different types of cranes involved in these crane-related fatalities:

• Mobile or truck cranes (216 deaths, or 71% of all fatal accidents);
• 
  Tower cranes (16 deaths, or 5% of all deadly incidents);
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  Floating or barge cranes (13 fatalities, or 4% of all reported fatal crane accidents); and
• 
  Overhead cranes (12 deaths, or 4% of all deadly crane accidents).

There were 66 reported deaths that simply did not have enough detail for the researchers to determine the type of crane involved in the fatal accident. What kinds of injuries did construction workers sustain during these crane accidents? The report cites the following information:

• Electrocutions were the leading cause of death. In about half of those electrocutions, the crane boom or one of the crane cables made contact with an overhead power line.
• 
  Crane collapses were responsible for the second highest number of deaths. Crane collapses resulted from many different things, including: unstable or slippery surfaces (20%), overloading the crane (16%), and the shifting of the crane load or boom (8%).
• 
  Being struck by the boom or jib of the crane was the third-leading cause of death. About half of these incidents occurred when a workers was dismantling the crane. Another 12% happened when a construction worker was lengthening the crane.

Contact a San Diego Construction Accident Lawyer Construction work can be very dangerous, and crane accidents often result in serious or fatal injuries. If someone you love got hurt at work, an experienced San Diego construction accident lawyer can discuss your options for seeking compensation. Contact the Walton Law Firm today to speak with an advocate.

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Construction sites can pose serious construction accident dangers to workers as well as to passersby. According to a recent report from ABC 10 News, a crane collapse in San Diego caused serious injuries to a laborer. At construction sites, employers have a duty to keep workplaces safe for employees. When accidents such as this one occur, it may be possible to seek financial compensation by filing a construction accident lawsuit.

Crane Collapse on a Southern California Freeway As the report explains, construction workers on State Route 15 had been using a crane to move concrete barriers for a freeway ramp. That crane actually “toppled over,” and it pinned the injured worker between two barricades. An article in The San Diego Union-Tribune also discussed the accident, noting that the crane was a large one involved in the Caltrans construction project. In addition to severely injuring the employee, the accident also blocked lanes on the freeway for about five hours. During that time, motorists largely remained stranded until officers from the California Highway Patrol could arrive to reroute traffic.

The accident occurred just before 1:00 a.m. on a weekday. How did this serious construction accident happen? Initial investigations from the San Diego Fire-Rescue Department suggest that “the weight of the loan on the crane’s extended boom onto its side.” At that time, “the heavy boom crushed the center of the trailer and caused one or more concrete barriers to fall onto the freeway.”

According to reports, the injured worker was a subcontractor. He was not operating the crane, but rather had been “standing on the flatbed to guide the lifting process” when the accident took place. He sustained an open fracture to one of his legs. To remove him from the K-rails between which he was pinned, other construction workers at the scene attempted to use crow bars to remove the heavy barrier. Emergency medical responders arrived and transported the victim to a local hospital by ambulance.

Learning More About Crane and Hoist Safety How often to crane accidents happen? According to a report from the Occupational Safety & Health Administration (OSHA), there are more than 250,000 crane operators who work in our country alone, and more than 125,000 cranes in operation just in the construction industry. On average, OSHA reports around 70 fatalities per year related to cranes, derricks, hoists, and hoisting accessories. And crane and hoist problems do not only pose dangers to workers. Indeed, OSHA emphasizes that members of the general public also are at risk of injuries if a crane collapses or drops heavy materials.

In general, what kinds of incidents result in crane-accident injuries and deaths? According to a fact sheet from the Electronic Library of Construction Occupational Safety & Health (eLCOSH), the following represent the most common causes for construction worker injuries involving cranes:

• Crane collapses (39%);
• 
  Contact with overhead power lines (14%);
• 
  Being struck by a crane loan (14%);
• 
  Being struck by other parts of the crane (11%); and
• 
  Other causes (23%).

If you or someone you love suffered injuries in a construction accident, an experienced San Diego construction accident attorney can discuss your options with you today. Contact the Walton Law Firm to learn more about filing a claim.

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