A construction site can be a very dangerous environment to work in because of the many hazards that surround the workers daily. Each day, a construction worker works with heavy machinery and sometimes has to work at heights were falling can cause serious injuries or fatalities.
As such, both the construction workers and the company have to be very careful to safeguard the lives of those who work there. However, despite improvements in safety standards and working conditions, accidents on construction sites are still common.
When a worker is injured in a construction zone accident, they can sue the liable party for damages to cover their medical expenses, lost wages, and other expenses. However, determining liability in a Texas construction accident is not always easy. Schuerger Shunnarah Trial Attorneys can help injured workers fight for the compensation they deserve.
Causes Of Texas Construction Zone Accidents
Construction zones are places where many things can go wrong and lead to workers getting seriously injured or losing their lives. As such, when filing a personal injury claim on behalf of an injured worker, an experienced attorney will start by investigating the cause of the accident and can advise on the statute of limitations for Texas construction accident.
Even though the scope of construction projects can vary greatly, the following are the most common causes of construction site accidents in Texas:
Poor Training of Construction Workers and Drivers
Construction companies have a legal responsibility to make sure that all workers and drivers are fully trained on procedures and safety regulations. When construction workers are allowed to do a job or drive construction vehicles without adequate training, accidents are bound to happen.
One of the most common causes of accidents in construction zones is driver negligence, which can be reduced with better training. Drivers need to be drilled on the importance of maintaining safe distances, reducing speed in dangerous areas, obeying warning signs, and not driving while intoxicated.
Construction Company Negligence
Keeping the construction site safe is another duty that construction companies also have. As such, they need to make sure of the following:
Proper lighting in work areas
Use of signs to warn every construction worker of possible hazards
Quick response to spills and leaks
Provision of personal protective equipment to construction workers
Use of detours to guide traffic away from dangerous construction sites
However, not every construction company takes this responsibility seriously enough, which is why construction zone accidents are still common.
The city's negligence can also result in a serious construction zone accident. If a car accident happens in an area that was undergoing road maintenance, lack of proper signage and traffic control can be the main cause. Before work begins in the construction zone, the city has to make sure that the roads are properly marked to alert drivers of the dangers ahead.
Who's Liable for Construction Injuries in Texas?
If, for example, a worker is injured in a construction zone car accident in Texas, who is at fault? Is it the injured worker, construction company, general contractor, or other liable party? This is the question that the Houston construction injury attorneys representing the construction worker will have to answer while trying to determine liability.
In most cases, construction site accidents happen because of the any of the following negligent parties:
The construction company is the most likely responsible party because it is in charge of everything that goes on at the construction site. This means whether the cause of the construction site accident was poor training or lack of proper safety protocols, the injured worker can sue their employer for damages.
Most instances of employer negligence are quite clear, but there are times when the company may refuse liability for the construction site accident.
In Texas, this would mean that a case that started as a simple workers' compensation claim will now have to go to court. Victims will need a lawyer with a firm understanding of personal injury law in such cases.
If it is determined that the construction accident was caused by defective equipment, such as harnesses, heavy machinery, tools, or goggles, the manufacturer of that piece of equipment may be held liable.
However, it can be very complicated to prove that the construction zone accident was caused by the defective equipment rather than user interference or misuse. Large manufacturers also have strong legal teams that work day and night to fight against product liability claims.
Only with the help of a good lawyer can a construction accident victim's injuries be compensated and a fair settlement agreed on.
Construction workers can be injured because of the negligence of other employees. A good example is when a worker is injured in a construction car accident because the driver was not paying attention to the warning signs on the road. In such cases, it will be the at-fault driver who will be held liable for the construction site accident.
Besides the employees and construction workers, there are other parties who can cause accidents that injure workers on site. A drunk driver can drive into a construction zone and cause serious injuries to the workers there, for example.
A good personal injury attorney has to be open to that possibility when investigating the cause of the accident. Also, a single construction site accident can be caused by multiple parties, in which case the compensation will have to come from different sources according to how much of the blame the court awards to each party.
How to Recover Damages After a Construction Zone Accident
Recovering damages after a construction site accident in Texas requires the victim to follow the right steps while filing the personal injury lawsuit. This means doing the following:
Report the incident to the construction company
Take note of witnesses to the accident
Seek medical treatment
Obtain a doctor’s report
Gather evidence, such as receipts of medical bills
Seek legal representation
Comparative Negligence Laws in Construction Accidents
Texas uses modified comparative negligence laws, meaning if it is found that the construction worker caused or is partially to blame for the accident, it will affect how much compensation they can get from the personal injury lawsuit. Schuerger Shunnarah Trial Attorneys can give more insight to questions like How are wrongful death settlements paid out Texas?
Victims Need a Construction Accident Lawyer On Their Side
Victims have the right to sue whoever had the legal responsibility to prevent the construction site accident from happening. This could be the site owner, manufacturer of the faulty equipment, or a fellow employee.
Regardless of who the at-fault party is, Schuerger Shunnarah Trial Attorneys is here to help victims receive fair compensation. A qualified attorney can be called for a free case consultation.