The skyline of San Jose undergoes a rapid transformation as new residential towers and office complexes rise above Downtown and the Berryessa district. This expansion brings prosperity but also increases the risk of construction site fatalities in San Jose's growing neighborhoods.
Our firm at Harris Personal Injury Lawyers provides the professional assistance families need when a preventable safety failure leads to the loss of a loved one. We have recovered over $800 million for injured Californians and their families, representing a deep commitment to holding negligent parties accountable.
Families facing these tragedies need a steady advocate who understands the complexities of California civil law. We handle the investigative burden while you focus on supporting your family through an impossible time.
Safety insights for families affected by workplace fatalities
- California law allows for third-party lawsuits beyond traditional workers' compensation claims.
- Contractors must provide specific fall protection equipment and training to meet safety standards.
- Preserving physical evidence from the site immediately prevents the loss of vital proof.
- Families have two years from the date of the loss to file most wrongful death claims.
- Safety violations identified by state inspectors often serve as primary evidence in civil litigation.
The Scope of Negligence in Santa Clara County Construction
Rapid development in neighborhoods like North San Jose and the Diridon Station area creates intense pressure on contractors to meet deadlines. This haste often leads to a disregard for established safety protocols designed to protect lives.
Subcontractor Errors and Site Safety Coordination
General contractors carry a legal duty to coordinate safety among the dozens of subcontractors working on a single project. Negligence happens when a mechanical contractor leaves a floor opening uncovered or an electrical firm fails to ground high-voltage equipment. We investigate the communication logs and safety meeting records to see if the lead firm managed the site properly. Identifying a specific subcontractor’s error allows us to pursue a third-party claim for damages. This path provides resources that go beyond the limits of standard workplace insurance.
Developer liability and safety oversight failure
Developers who fund major high-rise projects in San Jose often prioritize profit margins over the implementation of rigorous safety programs. Neglect occurs when a developer hires a contractor with a known history of safety violations or fails to fund necessary safety inspections.
Equipment failure and mechanical product defects
Heavy machinery like cranes, excavators, and hoists must operate perfectly to prevent fatal accidents. Manufacturers carry a responsibility to ensure their equipment can withstand the stresses of a busy San Jose job site. Injuries caused by faulty products often occur when a defect in a safety harness or a failure in a crane’s hydraulic system leads to sudden and violent tragedies.
Identifying Common Causes of Fatalities
The construction industry recognizes the most frequent causes of death as the "Fatal Four." These categories represent the majority of lives lost on job sites throughout the San Jose area.
Falls from height and scaffolding safety
Workers on San Jose’s new high-density residential towers spend much of their day on scaffolding and elevated platforms. Fatalities occur when firms fail to provide fall arrest systems like harnesses or guardrails.
The California Code of Regulations Title 8 Section 1670 requires specific fall protection for work at heights. We investigate if the contractor properly maintained the scaffolding and trained the worker on its use. A collapse or a fall often points to a direct violation of state safety mandates.
Trenching and excavation hazards
Underground utility work for the BART expansion and new transit hubs involves deep excavations that require constant monitoring. Trench walls must have support systems like shoring or shielding to prevent soil from burying workers. A sudden collapse leads to suffocation and fatal trauma in seconds.
Struck-by accidents and heavy machinery movement
Busy job sites feature constant movement from cement trucks, forklifts, and delivery vehicles. Drivers must maintain a proper lookout and follow strict signaling protocols to avoid hitting ground workers. Fatalities often result from a driver's failure to check blind spots or the absence of back-up alarms on the vehicle.
Legal Mechanisms for Recovery
Families facing the loss of a loved one must understand how California law treats these tragedies. Different legal paths provide different types of financial support for the survivors.
Third-party claims explained
Workplace insurance generally covers a fatal injury but limits the amount a family can recover for their loss. A third-party claim allows you to sue an entity other than the direct employer, such as a negligent subcontractor or an equipment manufacturer.
These claims allow families to pursue a recovery for physical pain, emotional distress, and the full value of future earnings. We identify every party on the site to find these additional sources of recovery. This strategy strives to provide the financial stability your family needs for the long term.
Economic losses and lifetime support projections
Losing a primary earner in an expensive city like San Jose creates an immediate financial crisis. We calculate the total amount of income your loved one would have earned throughout their career. This figure includes health benefits, retirement contributions, and annual bonuses that supported your household.
Our team works with forensic economists to project these lifetime losses accurately. Pursuing these funds helps your family maintain your standard of living after a tragedy.
Non-economic damages and loss of consortium
California law recognizes the profound emotional toll of losing a spouse, parent, or child. Families may seek recovery for the loss of love, guidance, and companionship that the deceased provided.
These non-economic damages address the human connection that a safety failure destroyed. We gather evidence like family photos and testimonies to show the strength of your bond. This approach honors the person behind the statistics and recognizes the weight of your grief.
Statutory Deadlines and California Law
Navigating the legal requirements for a wrongful death claim involves meeting several strict deadlines. A wrongful death lawyer can help ensure no filing date is missed, protecting your family’s ability to seek a recovery.
Statute of limitations for wrongful death
The California Code of Civil Procedure section 335.1 gives families two years from the date of the death to file a lawsuit. This timeframe is rigid and the court will likely dismiss any case filed after the deadline.
We ensure every document meets these rigid legal requirements to protect your family's future. Starting the process early allows our team to secure evidence while it remains available.
Claims against government entities
Some construction projects in San Jose involve city or county agencies as the primary owners or developers. Claims against government entities follow different rules and much shorter deadlines. You must file a formal administrative claim within six months of the incident under the California Tort Claims Act.
Our attorneys are well-versed in these specific requirements and ensure that you meet every deadline to protect your rights. This process is mandatory before you can file a lawsuit against a public department.
Dependency rules and distribution of funds
California law defines which family members have the legal right to pursue a wrongful death claim. Spouses, children, and certain other dependents typically have the first right to seek recovery.
We help you navigate these family law requirements to ensure the claim proceeds correctly in court. Our team explains how the law divides any recovery funds among the eligible survivors. This clarity prevents family disputes during an already stressful time.
Strengthening Your Family's Position
The actions you take in the weeks following a tragic loss protect your family's interests. These steps strengthen your legal position during negotiations and provide the proof necessary for a fair recovery.
Securing the legacy and financial future of your household requires meticulous attention to detail:
- Collect all documents related to the decedent's income, including tax returns and pay stubs.
- Identify coworkers who may have witnessed the incident or previous safety issues on the site.
- Keep a record of every expense incurred because of the fatal incident, including funeral costs.
- Preserve any personal items or safety equipment your loved one had at the site.
- Avoid discussing the details of the accident with insurance adjusters from the employer's company.
- Maintain a folder for all medical records and death certificate copies.
- Document any communication you receive from the employer or their legal representatives.
- Organize witness contact information for our investigators to use during their interviews.
Gathering these organized records creates a robust foundation for the insurance demand. We present a clear picture of your family's losses to justify a settlement that covers your long-term needs. Consistency in your documentation prevents the insurer from downplaying the impact of your loss.
FAQ for Construction Site Fatalities in San Jose's Growing Neighborhoods
Can we seek recovery if the worker was at fault?
California's comparative negligence laws allow families to seek recovery even if the worker shared some fault for the incident. The court reduces the total recovery by the percentage of fault assigned to the deceased individual.
We work to minimize this percentage by highlighting the contractor's failure to provide a safe environment. Many accidents blamed on workers actually stem from a lack of proper training or defective equipment.
What if the fatal accident happened on a residential project?
Safety laws apply to residential renovations and new home construction just as they do to major high-rise projects. Homeowners and small contractors must still follow basic safety standards to protect workers on their property.
If a lack of fall protection or a structural collapse caused a fatality, the family has a right to seek compensation. We investigate the insurance policies held by the homeowner or the general contractor involved.
How long does a wrongful death case typically take?
The timeline for a wrongful death case depends on the complexity of the investigation and the cooperation of the insurance carrier. Some cases resolve in a year while others involving multi-party disputes take longer to settle.
We move your case forward as efficiently as possible without settling for less than your family needs. Regular updates keep you informed of the progress throughout the process.
Can we pursue a claim if the employer did not have insurance?
California law requires almost all employers to carry workers' compensation insurance to protect their employees. If an employer fails to meet this requirement, the family may have additional options for seeking a recovery through state funds.
We also look for third-party liability to find other insurance sources for your claim. Our team explores every legal path to find the resources needed for your family's care.
What should we do if the company offers a quick settlement?
Companies often offer a settlement quickly after a tragedy to avoid a larger lawsuit later in the process. These initial offers rarely cover the full scope of your lifetime financial and emotional losses.
You should never sign any documents without a professional review of your case and the available evidence. Let our attorneys evaluate the offer to ensure it reflects the true value of your experience.
Protecting Your Family's Legacy
The days following a fatal construction accident feel heavy with grief and financial uncertainty. Reclaiming your sense of security requires a dedicated team that recognizes the weight of your experience. At Harris Personal Injury Lawyers, we manage the complex legal work so you can dedicate your energy to your family and your healing.
Our history of recovering over $800 million reflects our commitment to holding negligent parties accountable for the harm they cause.
Every family deserves to find stability and support after a preventable tragedy on a San Jose job site. We believe in pursuing fair compensation that allows you to address your needs and honor the memory of your loved one.
Our San Jose team provides the professional assistance required to reach a resolution that honors your situation. Contact our office to discuss the details of your loss and explore the options available for your recovery.