Construction Vehicle Injury AZ
Our construction vehicle injury AZ lawyers will fully examine the circumstances of your accident and work to identify all responsible parties and all available benefits while designing a strategy to maximize your compensation. Contact us today for a free initial consultation.
Injured By A Construction Vehicle While On The Job Site
If you were an employee working at a construction site and injured by a work vehicle or driving a commercial vehicle at the time of the injury, your primary path is through Workers' Compensation Laws.
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No-Fault System (A.R.S. § 23-901): Arizona is a "no-fault" state. You do not have to prove your employer was negligent to receive benefits. You are eligible if the injury happened "in the course and scope of employment."
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The "Exclusive Remedy" Rule (A.R.S. § 23-1022): In exchange for guaranteed workers' comp benefits, you generally cannot sue your employer for negligence.
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The "Willful Misconduct" Exception: You can only sue your employer directly if they intended to injure you. Gross negligence or safety violations (like ignoring OSHA rules) usually don't count as "willful misconduct" under Arizona law, it must be a deliberate act with the intent to cause harm.
This is very important information for workers injured in construction site accidents because workers’ compensation benefits do not cover pain and suffering and, in many cases, do not adequately compensate for other damages, like loss of earnings and/or benefits.
Injured By A Commercial Vehicle But Not An Employee
If you are not an employee of the company involved, you are governed by Arizona Tort and Traffic Laws.
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Pure Comparative Negligence (A.R.S. § 12-2505): Arizona allows you to recover damages even if you were partially at fault. For example, if a court finds you 20% at fault and the commercial driver 80% at fault, you still receive 80% of the damages.
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Commercial Vehicle Regulations: Arizona follows the Federal Motor Carrier Safety Regulations (FMCSR). Violations of "Hours of Service" (how long a driver can be on the road) or maintenance requirements can be used as evidence of negligence.
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Construction Zone Penalties (A.R.S. § 28-710): Speeding fines are doubled in construction zones. If a driver’s violation of these safety zones caused your injury, it strengthens your negligence claim.
What Types of Compensation Can I Recover?
Seeking Compensation After a Construction Accident In legal terms, the financial compensation you seek in a lawsuit is known as "damages." If you have been injured by construction machinery on a construction site, you may be eligible to recover compensation for several types of losses, including:
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Pain and Suffering: Compensation for both physical pain and emotional distress.
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Lost Income: Recovery of past and future wages, including lost fringe benefits.
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Medical Costs: Coverage for your past medical bills and the cost of any necessary future care.
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Punitive Damages: In rare cases involving extreme negligence, additional awards may be sought to punish the responsible party.
Was Your Personal Vehicle Damaged By A Construction Vehicle
You have driven past many construction sites and construction companies logistically have to move large machinery with great oversight. But not every logistic move is perfect and your vehicle could be damaged by a large construction vehicle moving to the next job site.
The construction vehicle might scratch your vehicle while parked at a red light or you get off work to see damages to your vehicle.
Construction vehicles have commercial policies, making claims more complex.
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