Common Causes Of Deadly Construction Accidents In California
As a catastrophic injury attorney in Oakland, I’ve represented many families who have lost loved ones to dangerous conditions. Construction sites are some of the most dangerous workplaces in California, with heavy machinery, high scaffolding, and constantly changing job conditions. When safety standards aren’t followed, the consequences can be fatal. Families are often left grieving and wondering what went wrong and what they can do to get answers and justice.
Construction companies in California are legally responsible for providing a safe work environment under state and federal regulations. When someone dies due to unsafe conditions or negligence, surviving family members may be entitled to compensation. That can include a wrongful death lawsuit under California Code of Civil Procedure § 377.60, or in some cases, additional damages from third parties who contributed to the accident. It’s important to understand your rights and legal options if you’re facing this kind of loss.
Common Causes Of Fatal Construction Accidents In California
Some of the most common causes of deadly construction accidents in California include:
- Falls From Heights – One of the leading causes of construction deaths. Employers are required under Cal/OSHA Title 8, Section 1670 to provide fall protection equipment.
- Electrocution – Contact with overhead or buried power lines or improperly grounded equipment is often fatal.
- Struck-By Accidents – Workers hit by moving equipment or falling objects suffer fatal injuries far too often.
- Trench or Structural Collapses – Excavation sites and poorly supported structures can suddenly collapse, trapping or killing workers.
- Defective Equipment – Faulty tools, malfunctioning heavy machinery, or lack of maintenance can be deadly.
Each of these types of incidents often involves violations of workplace safety laws, poor training, or a lack of oversight. In many cases, more than one party may share liability, including subcontractors, site owners, or equipment manufacturers.
How Families Can Seek Justice After A Fatal Construction Accident
California law allows surviving family members to file a wrongful death claim when someone is killed due to negligence or wrongdoing. Under California Code of Civil Procedure § 377.60, eligible parties include spouses, domestic partners, children, and, in some cases, parents or dependent relatives.
In these lawsuits, we can pursue compensation for:
- Lost financial support that the deceased would have provided
- Loss of companionship, care, guidance, moral and emotional support
If the employer was grossly negligent or a third party was involved, we may pursue a personal injury or product liability claim, independent of the workers’ compensation system. These cases are complex and time-sensitive. That’s why I encourage families to speak with a qualified attorney right away to preserve evidence and begin the legal process.
Frequently Asked Questions About Deadly Construction Accidents In California
What Legal Options Do Families Have After A Construction Fatality?
In California, families can typically pursue a wrongful death claim under Code of Civil Procedure § 377.60. If the death occurred on the job, workers’ compensation death benefits are available. However, families may also sue third parties who were negligent—such as equipment manufacturers or independent contractors—outside of the workers’ compensation system.
Can I File A Wrongful Death Lawsuit If My Loved One Received Workers’ Compensation?
Yes, but only against third parties who were not your loved one’s direct employer. For example, if faulty scaffolding caused a fatal fall and the scaffolding company was not the employer, you can bring a wrongful death claim against that company while also receiving workers’ compensation death benefits.
How Much Time Do I Have To File A Wrongful Death Claim In California?
You generally have two years from the date of the death to file a wrongful death claim under California Code of Civil Procedure § 335.1. However, certain claims against government entities or public projects have shorter time limits. It’s critical to act quickly to avoid losing your right to compensation.
What Is The Difference Between Workers’ Compensation Death Benefits And A Wrongful Death Lawsuit?
Workers’ compensation provides limited, no-fault death benefits, including burial expenses and modest payments to dependents. A wrongful death lawsuit, on the other hand, allows families to seek full compensation for financial loss, emotional harm, and in some cases, punitive damages. The lawsuit also requires proving negligence or wrongful conduct.
Can I Sue The Construction Company If Safety Violations Caused The Death?
In most cases, you cannot sue the direct employer because of workers’ compensation exclusivity. However, if the death resulted from intentional misconduct or involved another party’s negligence—such as a subcontractor or equipment supplier—you may have grounds for a lawsuit. We evaluate each case closely to determine liability.
Who Can File A Wrongful Death Claim In California?
California law allows the surviving spouse, domestic partner, children, and other financially dependent relatives to bring a wrongful death claim. If the deceased had no spouse or children, the parents or siblings may be able to file. Only certain individuals are legally allowed to pursue the claim, so we review family status during our consultation.
Call Bracamontes & Vlasak For Legal Help After A Fatal Construction Accident
At Bracamontes & Vlasak, we stand with families who have lost loved ones in deadly construction accidents. These cases demand a clear legal strategy and a commitment to seeking justice. If your family is suffering because of a preventable workplace death, we can help.
Contact our Oakland wrongful death lawyer at Bracamontes & Vlasak by calling 415-835-6777 to receive your free consultation. We represent clients throughout the Bay Area and across California in wrongful death and catastrophic injury cases. Let us help your family hold the responsible parties accountable.
