The Cassidy Law Firm Blog

Monday, May 22, 2017

Preparation Can Mitigate Your Risk in the Event of a Construction Accident

What steps should be taken by my construction company after an accident?

Construction can be a dangerous industry, particularly in the densely populated states of New Jersey and New York.  When a construction accident occurs, it is imperative that all parties involved in the construction project take steps to promptly investigate the accident and mitigate damages.  Owners, developers, contractors, and construction managers should work with a construction litigation lawyer well before the project breaks ground in order to prepare in advance for potential accidents. 

Have a Plan in Place in Case of an Accident

When a construction accident occurs, it is imperative that you and your team conduct prompt investigations while evidence and witness accounts are fresh.  To protect your company in the event of a construction accident, advance planning is crucial.  Your construction litigation attorney will assemble a team to handle any accidents, which may include a third party investigator.  Your attorney will further have contracts in place to minimize your risks and exposure.

Investigations are Critical

Investigations after a workplace accident can significantly influence the outcome of the accident.  All accidents should be investigated right away so that crucial evidence is immediately preserved.  Eyewitness accounts are more accurate in the moments and days following an accident.  Having an attorney involved during investigations can also protect statements made by the insured concerning the accident.  New Jersey case law holds that attorney involvement during investigations may render statements made by the insured confidential and thus not subject to discovery.

Following an accident, your construction litigation attorney will disseminate written instructions indicating that the investigation is privileged and coordinating all aspects of the investigation.  The scene will be cordoned off so that all evidence is preserved.  Statements will be taken by all relevant parties and photographs as well as videos of the scene obtained.  Without these steps, your company could be at considerable risk of facing powerful plaintiff claims.  Poor investigations can immensely impact the outcome of the accident case, so take action now to prepare for the possibility of a construction site accident on your next project.  


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