However, what happens when someone dies while working on a construction site? Construction Worker Death in Tulsa In March of 2014, 48-year-old Eri Hernandez of Edmond was hit and killed by a dump truck hit and killed by a dump truck on a construction site. She was a Mack's S&S employee working on Interstate 44 near the 177th East Avenue near Catoosa in Rogers County. The Oklahoma Highway Patrol (OHP) investigators say that all safety precautions were in place - for example, Hernandez was wearing a safety vest and hard hat - however, safety precautions could not protect the woman from becoming a fatality of a construction accident. Was it wrongful death? When a loved one dies, it is human nature to want to point the finger at someone in blame. If the death happens on a construction site, loved ones will often question, "What happened?" There is nothing wrong with wanting to know how such a tragedy could have occurred. Whether it is wrongful death or not depends heavily on certain factors - specifically, whether or not negligence occurred. In order to file a wrongful death lawsuit, the decedent would have had to lose their life due to another person's negligence (or intentional act) and the decedent's family members must prove that the death directly impacted their lives financially and emotionally. Two things must be proven to successfully win a wrongful death lawsuit: The death was caused by the negligence of another party. The death cannot be brought on by the decedent's own actions. The family members suffered damages that can be measured due to the death of their loved one. We Are Here To Help Because OHP investigators found that all safety precautions were followed on the construction site, it would be difficult for the family of Eri Hernandez to file a wrongful death claim. However, if there is ever any doubt, it is important that an Oklahoma wrongful death attorney is contacted as soon as possible after the death. If you have questions about a potential wrongful death lawsuit, call the law offices of Frasier, Frasier & Hickman, LLP today at 918-779-3658 for a free consultation. We also help employees with workers' compensation claims, so give us a call today.