Case Study | Construction Accident
For a client who was injured from a construction accident
Our client was working on a construction project, controlling traffic around an active construction site at a building in New York City. A vehicle struck a barrier near the work zone, and debris from the impact struck the plaintiff, causing a serious back injury.
We identified two sources of liability: the vehicle’s insurance carrier for the driver who struck the barrier, and the construction general contractor and building owner for failing to properly design, place, and secure the required traffic barriers in accordance with applicable safety codes.
| 1 | Dual-Carrier Claim
We pursued simultaneous claims against the vehicle’s insurer and the construction defendants — the general contractor and building owner — maximizing the available pool of coverage for our client. |
| 2 | Expert Retention
We engaged construction safety experts who conducted a detailed analysis of the barrier configuration and demonstrated that it failed to meet the required safety codes and standards for active work zone traffic control. |
| 3 | Labor Law Analysis
We analyzed the applicability of New York Labor Law protections to the plaintiff’s role as a worker on the construction project, establishing the general contractor and building owner’s non-delegable duty to provide a safe work environment. |
| 4 | Mediation
With liability established through expert testimony and the legal framework set, both carriers agreed to contribute to a combined $1.7 million settlement during mediation — resolving the case before trial. |
Both insurance carriers agreed to contribute to a $1.7 million settlement at mediation, prior to trial in New York City Supreme Court. The result was driven by expert testimony establishing that the barriers were not constructed to code, and by the dual-claim strategy that held both the at-fault driver and the construction defendants accountable for failing to protect workers in the active work zone.
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