On Friday May 29, 2009 there was a terrible and tragic roadside construction accident in Washington, D.C. in a work zone that never should have happened. A person was working on a roadside paving project as a construction worker.
This occurred on Southbound Interstate 395 near Maine Avenue SW in Washington, DC and our thoughts and prayers go out to the family of the lady killed in this terrible incident.
The woman who was killed was acting as a flagger on a crew from the Fort Myer Construction Company, which is a city contractor working on a paving project. She was directing traffic at the construction site. She was struck by a road sweeper which is another piece of construction equipment.
Although the police are not releasing the details of this incident, it is crucial that the family of the person killed hire an experienced attorney and/or investigator to determine exactly what happened and why this happened. It is important to understand that the children and family members of the person killed have several legal claims that need to be properly investigated. The first is a D.C. Workman’s Compensation Claim.
For more information: Washington D.C. and Silver Spring workers’ compensation claims.
The second claim is a possible third party claim against the person operating the sweeper. This can get tricky in the context of workman’s compensation because certain third party claims will be barred due to the D.C. Worker’s Compensation Act.
However, the damages available in the third party case often greatly exceed the damages available through workman’s compensation. Therefore, it is important to thoroughly investigate whether a third party claim can be brought. Roadside construction accidents happen way too often. With the $28 Billion Dollar Stimulus package we can expect a lot more roadside construction and unfortunately, also a lot more roadside construction accidents. Those injured in roadside construction accidents or in any work related accident should always contact a lawyer to properly investigate the various claims that can be brought and in particular, whether a third party claim can be brought in addition to the workman’s compensation claim.
The Silver Spring construction accident attorneys at Goldberg Finnegan are here to help and answer questions to families of those injured or killed.
We can be reached at 301-589-2999 x102. Our lawyers handle accident cases in Maryland, Washington, D.C. and Virginia.
In another tragic incident in Washington, D.C. Ana M. Canales, a 63 year old lady from the 2700 block of Virginia Ave., NW in Washington D.C. was killed while crossing the street. She was apparently in the crosswalk when she was struck by a motor vehicle -probably an SUV-making an unlawful right hand turn onto W Street from the northbound lane of 15th Street, NW.
The lady killed was apparently a very hard worker, and she was employed as a housekeeper for a resident of the Water Gate apartments. The area where this incident occurred is poorly designed and is a well-known danger zone. There has been talk of DDOT (D.C. Department of Transportation) reconfiguring this area. The family of Ms. Canales may have a legal claim against the District of Columbia in addition to a claim against the driver of the vehicle that struck her.
It is crucial that they hire a Silver Spring personal injury lawyer to put the D.C. Government on proper notice of the claim lawsuit within 180 days of the incident pursuant to Section 12-309 of the DC Code or else the claim will be barred forever. Our thoughts and prayers go out to the family of Ms. Canales.