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Brooklyn Nurse Fatally Struck in Crosswalk by Reversing Construction Backhoe

construction accident attorneyA disturbing video from Friday, March 10th reveals a 61 year old Brooklyn nurse being fatally run over in a crosswalk by a reversing construction backhoe. Estelle Davis was walking in a crosswalk near New Lots and Van Sinderen on her way to work, while looking down at her phone. She was struck by a backhoe belonging to Vail Industry, an independent contractor that was hired by Con Ed to perform some work in the area. Estelle was a nurse working two jobs and also served as a pastor on Sundays.

The police initially believed that she was killed by a hit-and-run driver. But the video surveillance showing the captured images of the accident showed what actually happened. Investigation is still under way as to why the heavy construction machine was backing up in a pedestrian area with no protection or warning. Although a flag worker was present at the scene, he was positioned on the opposite side.

OSHA Regulations to Prevent Heavy Construction Equipment Running Over Pedestrians

Construction run over accidents, like the one that killed Davis, account for numerous injuries and deaths each year. The tragic accidents happen from the negligent and careless operation of vehicles and equipment, negligent maintenance of the equipment and inadequate supervision on construction sites. The United States Department of Labor’s Occupational Health & Safety Administration (OSHA) has established a number of different regulations to try and reduce the number of workers killed and seriously injured by heavy operating equipment.

Unfortunately, despite OSHA’s effort, many construction companies and project owners still fail to follow the safety regulations set by OSHA. Despite the risks, many:

  • Fail to ensure that operators of heavy equipment are properly trained to operate the machines and trained in the use of all safety devices on the equipment
  • Fail to ensure that all safety devices are properly maintained and are operational
  • Fail to ensure that the heavy machines are always equiped with back up warning alarms, back up lights, mirrors and back up cameras

Protecting the Rights of Injured Construction Workers

Construction site accidents, specifically construction run over accidents, can seriously injure or kill construction workers as well as innocent bystanders. These victims and their loved ones may have a valid personal injury claim or wrongful death claim against the responsible parties.

At Gersowitz Libo & Korek, P.C., we understand the consequences that construction site accidents have on the lives of victims and the lives of their loved ones. In fact, senior partner and lead trial attorney Jeff S. Korek grew up in the construction industry and has first-hand knowledge of the inherent dangers in this kind of work. Such experience allows us to aggressively fight to protect your rights and get you the compensation that you deserve.

We Can Help You If You Are Injured

When you are injured in a construction site accident, you need to hire an experienced New York construction injury attorney to protect your legal rights. The attorneys at Gersowitz Libo & Korek P.C. have decades of experience and knowledge to aggressively fight for your rights and get you the full extent of the monetary compensation that you deserve.

To schedule a complimentary consultation with one of our New York construction injury attorneys, please call 212-385-4410.


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