The conditions on construction sites are demanding and fast-moving. If heavy equipment malfunctions or safety systems fail, families can face devastating losses. When the accident includes fatalities, loved ones are left to make sense of what happened and move forward. Fortunately, the law protects families after fatal construction-related tragedies.
If your loved one was a victim of a construction accident, contact Curtis Legal Group today. Our construction accident attorneys take a determined, strategic approach to cases involving Modesto fatal construction accidents and are here to answer any questions you might have. Our goal is to stand up for families and hold responsible parties accountable.
How Do These Accidents Happen?
Unfortunately, fatal construction accidents in Modesto often occur under preventable circumstances. Without proper planning or supervision, a simple fall can cause fatal injuries. Heavy equipment, such as cranes or excavation machinery, also presents deadly risks when operated without clear communication or adequate safety protocols. Other possible dangers throughout construction sites include unstable structures or electrical exposure.
Construction work requires multiple contractors as well as subcontractors, and teams must communicate effectively. When workers or supervisors fail to do so, or disregard procedures, hazards can quickly escalate. In many cases, a fatality reflects broader issues such as poor management or inadequate safety assessments.
Failing to properly inspect or rectify hazards can have catastrophic outcomes under these circumstances. With activities including lifting heavy materials and setting up scaffolding, it is important to investigate and determine what failures contributed to the tragedy.
Liability in Fatal Construction Accidents
Families in Modesto must consider all avenues for liability when a loved one dies because of a construction accident. Beyond the employer, they may be able to pursue claims against third parties if their negligence contributed to the unsafe conditions. These can include:
- Subcontractors
- Site supervisors
- Property owners
- General contractors
- Equipment manufacturers
Depending on their role, these individuals could bear responsibility for the accident.
In California, civil legal actions for fatal construction accidents fall under two categories: wrongful death and survival actions. Wrongful death claims can provide compensation for losses family members suffer, such as lost financial support or stability (California Code of Civil Procedure § 377.60). Survival actions cover damages the deceased could have pursued had they survived, including medical expenses.
When it comes to the California Division of Occupational Safety and Health (Cal/OSHA), its findings from investigating workplace fatalities do not determine civil liability. Reports can identify safety issues or violations that strengthen a family’s case and expose the full scope of potential civil liabilities.
What To Do After a Loss
The documentation created by law enforcement or Cal/OSHA during and after their investigations provides essential evidence for a Modesto civil claim involving a construction accident death. Photographs of the scene and any relevant equipment or surrounding areas, witness statements, and safety logs can create a clearer version of events.
It can be difficult to prove negligent worksite practices or uncorrected violations. Cal/OSHA reports frequently identify gaps and help demonstrate whether responsible parties failed to act reasonably under the circumstances that led to the fatality. Gathering and organizing this information can demonstrate how the accident could have been prevented.
Seeking legal support is also an important step after suffering a loss. It is essential to understand what rights and remedies are available under state law, and every situation is distinct. Our skilled legal team could review all material and work with experts to pursue maximum compensation.
Contact a Modesto Attorney About a Fatal Construction Accident
After Modesto fatal construction accidents, families face many concerns. Our attorneys could clarify what options are available through wrongful death and survival actions. Discovering how the incident occurred and who may be held liable can allow you to move forward with confidence. If you have experienced a loss on a construction site, contact the Heavy Hitters™ at Curtis Legal Group today to get started.
