Did you find yourself at a construction site where swinging cranes, rising scaffolding, or other machinery-related circumstances caused harm to someone you loved? After a fatal construction accident, families are often left with urgent questions about who is liable and what compensation may be available.
Founded in 2016, Omega Law Group Accident & Injury Attorneys has recovered millions of dollars for families affected by workplace tragedies. We’ve worked as a construction accident lawyer in San Jose for many people, and we’re here to advocate for you.
A construction accident death lawyer in San Jose can explain what the process of pursuing compensation might look like in your case. The sooner you reach out to us, the sooner we can start working toward a favorable outcome on your behalf.
How Fatal Construction Accidents Happen
Certain scenarios repeatedly show up in construction-related fatalities. Knowing the common causes can help families make sense of an incident and how it might be investigated:
- Falls from heights: Scaffolding, ladders, roofs, and unprotected edges remain among the leading causes of construction deaths.
- Equipment accidents: Cranes, forklifts, and heavy machinery can malfunction or be operated incorrectly, leading to serious injury.
- Struck–by incidents: Falling tools, moving vehicles, or materials dropped from above pose constant hazards.
- Electrocutions: Exposed wiring, faulty grounding, and contact with power lines are ever-present risks on active sites.
- Trench collapses and cave-ins: Improperly shored trenches can collapse without warning, burying workers instantly.
Each type of accident carries its own set of legal and evidentiary considerations. Your San Jose personal injury lawyer can help you understand how the exact circumstances affect which parties might be responsible, as well as your potential sources of compensation.
Who Might Be Liable in California
California follows comparative negligence rules when handling civil claims. In construction deaths, multiple entities can share liability depending on their role in creating unsafe conditions. For example, these are potentially responsible parties in your case:
- General contractors who manage the overall project and supervise subcontractors
- Subcontractors who perform specific tasks but fail to meet safety standards
- Equipment manufacturers, if a mechanical defect caused the accident
- Property owners where inadequate site maintenance or unsafe access contributed
- Government or municipal agencies, if public construction sites or roadways are involved
Assigning fault can be confusing. Thankfully, investigators examine contracts, safety protocols, training records, and maintenance logs on your behalf to determine whether negligence was involved.
The Immediate Investigation After a Fatal Incident
When a construction death occurs, California law mandates prompt reporting and investigation. As a result, these state and local agencies might become involved in your case:
- California Division of Occupational Safety and Health (OSHA): Fatalities must be reported immediately. At that point, OSHA will inspect the site, interview witnesses, and gather documentation.
- Local police or fire departments: They might investigate if equipment, vehicles, or public hazards were involved.
- Insurance and risk management teams: Companies often conduct their own investigations to assess liability and claims exposure.
Investigators gather evidence to clarify how and why the incident occurred. Site photographs, equipment logs, safety protocols, and witness statements all play a role in the process of documenting the scene and identifying contributing factors.
Common Injuries Leading to Death on Construction Sites
Unfortunately, these are examples of common fatal injuries in construction accidents:
- Severe head trauma from falls, collapsing structures, or equipment strikes
- Crushing injuries from heavy machinery or materials
- Penetrating injuries caused by sharp tools, rebar, or projectiles
- Electrocution leading to cardiac arrest or secondary trauma from falls
- Asphyxiation or suffocation in confined spaces or trench collapses
If any of these accidents caused your loved one’s death, medical examiners will document the cause of death and work closely with safety investigators. In many cases, autopsy reports and medical records will be used as part of your legal claims.
Workers’ Compensation vs. Civil Liability
California law provides workers’ compensation benefits for employees who are either injured or killed on the job. These benefits are intended to cover the following expenses:
- Funeral and burial costs
- Loss of wages for dependents
- Medical costs incurred before death
However, workers’ compensation does not address non-economic damages such as pain and suffering. It also will not help with broader financial losses caused by negligent parties outside the employer.
In those instances, families can choose to pursue civil claims against third parties when unsafe equipment, negligent subcontractors, or defective machinery contributed to the accident.
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The Role of Safety Violations
Many construction deaths involve breaches of safety regulations. These are examples of common violations that contribute to fatalities:
- Inadequate fall protection on scaffolding or roofs
- Poorly maintained or defective equipment
- Failure to follow trenching and excavation protocols
- Unsafe electrical practices, such as missing lockout/tagout procedures
- Lack of required safety signage or hazard warnings
Identifying these violations can be central to determining liability and strengthening claims against negligent parties.
California’s Comparative Fault System
The state of California follows pure comparative negligence, meaning damages are reduced based on the deceased’s own responsibility, if any. For example, if a worker ignored safety protocols, the total recovery available to their family will likely be reduced proportionally.
With a San Jose construction accident death lawyer by your side, you can learn more about how families pursue claims against third parties, contractors, or manufacturers.
Call Our San Jose Construction Accident Death Lawyer for Help Getting Justice
Construction fatalities are heartbreaking, and they often leave families with many unanswered questions. When you speak with a San Jose construction accident death attorney, you can learn about your options and how to proceed if taking legal action is what you decide to do.
At Omega Law Group, we handle the legal and practical matters on your behalf. By focusing on the facts, we help families like yours understand what happened and what legal options are available. We’re here for you and yours.
