Can I Sue If I Was Injured While Visiting or Walking By a Construction Site?
If you are injured while walking by or visiting a construction site, it can be difficult to determine who was at fault in your accident. In many cases, depending on the circumstances, multiple parties may be responsible for your accident and injuries.
A diligent investigation early on and throughout the claim process in extremely important in such accidents. That is why you should hire an attorney immediately.
How Does Shared Liability Work in a Texas Construction Accident?
When establishing fault in Texas, it is important to remember that Texas uses a modified comparative fault standard when apportioning fault and awarding damages. This is often referred to as “proportionate responsibility.”
Under this standard, the amount of damages a party is responsible for is proportionate to the percentage of fault they carry for an accident or injury. For example, if a scaffolding company is determined to be 70% responsible for your injuries and a construction company 30% responsible, the actual damages awarded would be split 70/30 between the scaffolding company and the construction company, respectively.
Proportionate responsibility also means that if you are found partly responsible for you injuries, the damages awarded to you could be reduced. For example, if you were ignoring proper safety procedures when the accident occurred, the court could determine that you were 30% at fault for the accident and therefore 30% at fault for your injuries. As such, if you were awarded $10,000 in damages, you would only be able to recover 70% of that amount or $7,000.
Additionally, Texas follows the 51% bar rule. This means that you may not collect damages for injuries if you are determined to be 51% or more at fault for your injuries.
If you have been involved in a construction accident, those responsible for your injuries will try to shift blame onto you in an attempt to limit their own liability. Consulting with an attorney prior to communicating with those responsible for your accident can help protect your rights and claim to compensation.
What Should I Do If I’ve Been Involved in a Construction Accident?
The aftermath of a construction accident can seem overwhelming – you have likely sustained a serious injuries along with severe pain and uncertainty, but you have options. By following these simple steps, you can put yourself in a better position to achieve physical and financial recovery.
- Seek medical attention immediately
- File a report as soon as possible and receive copies of all documentation
- If possible, take photographs of the work site and any tools or equipment involved in the accident
- Collect names and contact information of witnesses to the accident, including workers and bystanders
- Document any changes in your health due to the construction accident as well as any visits with a doctor
- Contact an experienced construction injury attorney
You will likely be approached by the parties responsible and insurance companies who will attempt to have you sign away your rights as an injured individual. Do not sign any documents or provide any written or recorded statements until you have consulted with an attorney.
How Will an Attorney Help Me Determine Fault?
In addition to reviewing the evidence and facts of your case, Thomas J. Henry will employ an array of experts who are able to provide expert reports and testimony on how your accident occurred and who is at fault.
Finding the right expert for your unique situation is crucial in achieving positive results. As such, Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from across the country. Each witness undergoes a thorough examination and questioning process before ever taking part in any aspect of a case. In a construction accident lawsuit, we may employ the services of the following experts:
- Workplace safety compliance experts
- Industrial accident reconstruction experts
- Premises maintenance experts
- OSHA consultants
- Safety equipment experts
- Ladder experts
- Occupational and environmental health experts
- Hazardous chemicals experts
- Process safety management experts
- Physicians, psychical therapists, and other healthcare professionals
- Fire and explosion investigators
Expert witnesses can provide detailed information regarding your construction site injury. Our construction job injury lawyers are always looking for intuitive ways to use experts in construction accident cases.
Thomas J. Henry Personal Injury Attorneys
Thomas J. Henry is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.
If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.