Texas Construction Site Accidents Liability?
Throughout the state of Texas, there are hundreds and thousands of construction zones set up each year. While these construction zones help protect people who are working on the roadways, they pose a potential hazard to drivers. In some cases, these hazardous road conditions result in an accident.
Construction accidents can lead to life-altering injuries. In some cases, they can even be fatal. After an accident, you need to focus on healing. With the help of a construction site accident lawyer, you can recover damages from the accident so that you can start rebuilding your life.
Getting the help of a construction accident attorney is important because the accident’s responsibility isn’t always clear. Depending on the case, the government, employer, employee, or site owner may bear responsibility for the accident. Normally, the employer is at least partially at fault because it is their legal duty to maintain a safe working environment.
Unfortunately, it is often challenging to prove legal liability for an accident. Because of this, you should reach out to a construction site accident attorney if you have been the victim of an accident. A qualified attorney can help you prove liability. Then, they can help you settle your case or pursue it in the courtroom.
If your case is eligible for compensatory damages, a qualified attorney can help. Reach out to a lawyer today to discuss the merits of your case and how to recover damages.
Why Do Accidents Happen in Construction Zones?
When you first reach out to a construction accident attorney, you’ll get a chance to discuss the liability involved in your case. Liability refers to the financial or legal responsibility that a party has for an accident. To decide on the liability of the case, you first must understand why the crash occurred. For instance, one party involved in the case may have been negligent in fulfilling their duties. If someone is found to be negligent, it means they failed to exercise ordinary care.
State and City Negligence
Often, a construction site is set up because the city or state government is working on the roadway. Because the city or state is overseeing the maintenance project, they may be negligent if a car accident occurs. It is their legal duty to maintain a safe construction zone. If the city or state doesn’t fulfill this obligation, you may be able to seek damages for your injuries in the courtroom.
Construction Company Negligence
An accident attorney in Texas can also help if the construction company is negligent. When a company is building near a roadway, it must use detours, warning signs, flaggers, lighting, and other safety features. Construction workers must be trained on how to do their jobs safely. If any of these requirements aren’t fulfilled, you may have a good legal case against the construction company.
Motorist Negligence
In some cases, the negligent party is the other driver. Motorists are required to follow traffic laws whenever they drive. They must stop at stop signs, follow the speed limit, and pay attention to construction workers. If the other driver was acting in a negligent manner, they may be responsible for the wreck.
Property Owner
Finally, the property owner may also be at fault for the accident. Sometimes, construction zones are set up on private property. When this happens, the property owner is legally obligated to create safe premises. If there are hazards, the construction workers must be made aware of them.
How Comparative Negligence Works in Texas
Sometimes, people don’t reach out to an accident lawyer in Texas because they know that they are partially responsible for the accident. Thanks to laws about comparative negligence in Texas, you can still seek compensation for your case. Texas has a modified comparative negligence law that allows the injured party to seek damages if they are partially responsible for the accident. However, the individual must be less responsible than the defendant in order to recover compensation.
How Is Liability Determined After a Construction Site Accident Occurs?
There are legal rules about how liability is determined after a construction site accident. When you first talk to a construction accident attorney, they will ask you questions about your accident. If it seems like another party may be at fault, the personal injury lawyer will investigate the case and gather witness statements.
Because Texas uses comparative negligence, the state allows you to recover damages if you are partially at fault for the accident. However, damages can’t be recovered if the individual bears 51% of the responsibility or more.
Can I File a Claim for My Construction Accident on the Highway?
In Texas, it seems like the highways are always being worked on. Unsurprisingly, many highway construction accidents occur every year. If you were injured in a highway construction accident, you may be able to get compensation.
There are many reasons why highway accidents happen. For example, they may be caused by premises liability, negligence, vicarious liability, or product liability.
Negligence is a legal term that reflects someone’s responsibility for an accident. For instance, a construction company has a legal responsibility to maintain its equipment and follow safety protocols. If the construction company fails to do these things, then it may be at fault for the accident.
There are many other instances where negligence can come into play as well. For instance, product liability may be involved if there is defective machinery. Some cases may also involve premises liability, which is when there are hazardous conditions on the construction site.
Finally, vicarious liability is when the negligent party is employed by a company. Because they are acting on behalf of a company, the employer is vicariously responsible for the accident.
Figuring out responsibility for an accident is incredibly complex. Because of this, you should talk to an accident attorney in Texas about the merits of your case and any legal liability involved. With the help of a skilled personal injury lawyer, you can determine who is at fault for your accident and pursue them in court.
How the Insurance Claims Process Works After a Construction Site Accident
After an accident, you will typically file a claim with your insurance company. However, Texas has complex laws about the insurance claim process. Additionally, you may have multiple insurance providers involved in the process. To prepare for your claim, learn more about how the claims process works and what you can expect.
Report the Accident
If you are in an accident, the first thing you need to do is report your claim. At the scene of the accident, you must call the police and file a report. Then, you need to call your insurance company to notify them about the accident. If you weren’t at fault for the accident, you may also need to call the responsible party’s insurer.
Investigate the Crash
Once you report the accident, your insurer will begin investigating it. According to Texas law, they only have a set amount of time to assess the damages and determine liability. To do this, they may need to check out your accident report, talk to witnesses, collect evidence, and review the scene of the accident.
You may be required to provide information about vehicle repairs and expenses from the accident. Additionally, the insurer may ask for documentation of your medical treatment.
Figure out Liability
In a complex accident, the liability might not be clear. For instance, the construction company, city government, subcontractors, or other drivers may be partially responsible for the accident.
To determine who will have to pay for the damages, the insurance company will review the evidence they collected. This will help them determine the liability for the accident. Then, they can calculate the amount of compensation that will be awarded.
Negotiate the Settlement
After the liability has been calculated, the insurance companies will start negotiating the settlement amount with everyone who was involved in the case. Often, negotiations will cover medical expenses, lost wages, and property damage. They may also include damages for pain and suffering. Because insurance companies want to keep their costs down as much as possible, you should talk to a construction accident lawyer to make sure you are fairly compensated.
Litigate the Case
Insurance companies have formulas that help them determine when it makes sense to settle and when they should go to court. However, there are still times when the insurer would rather take the case to court. In these instances, it is essential to have a skilled personal injury attorney on your side.
The insurance company and other parties want to keep their costs down as much as possible. It isn’t in their self-interest to give you a high settlement. Additionally, navigating a courtroom is challenging to the uninitiated. Because of this, you should hire a construction site accident attorney to represent you in court. They will be able to demonstrate through their argument and show evidence that you deserve compensation.
Resolve the Claim
Once the settlement or court decision is complete, the insurer will have to give you compensation for the accident. Depending on the outcome, you may receive compensation for lost wages, medical costs, and property damage.
Why You Need a Skilled Construction Accident Lawyer
A construction accident can lead to long-term injuries. You may be unable to work for months or years. As a result, you need to hire a construction site accident lawyer who can protect your interests and help you recover damages. There are a few important reasons why you need a skilled accident attorney in Texas.
Handle Investigations
Hopefully, you will be involved in very few accidents in your lifetime. However, this means that you have limited experience investigating legal cases. To make sure your rights are protected, reach out to an accident lawyer in Texas for help. A talented attorney can investigate the case and hire accident reconstruction experts.
Identify Liability
A construction site accident attorney knows the legal requirements for proving liability. When they investigate your case, they will carefully document evidence that proves the other party is at fault.
Settle the Case
In many cases, the insurer will want to settle the case instead of risking a trial. However, insurers have a vested interest in settling the case for the least amount of money possible. With the help of a construction accident attorney, you can ensure that your claim is settled fairly.
File a Lawsuit
With the assistance of a seasoned accident lawyer in Texas, you can file a lawsuit and seek full compensation for your accident. While a settlement is often the fastest way to get compensation, insurers and other parties may be unwilling to settle. Your personal injury attorney can represent your interests in court so that you can achieve a fair outcome.
Gain Invaluable Experience
The biggest reason why you need a construction site accident attorney is their experience. During their career, a typical personal injury attorney has represented dozens or hundreds of clients. They know which cases are easy to settle and which cases will require a courtroom trial. More importantly, a talented accident lawyer in Texas knows what it will take to achieve the best outcome in your unique case.
Get Help From a Personal Injury Lawyer in Texas
Recovering from a construction accident can take years of physical therapy and medical treatment. If you are injured in a construction zone in Texas, reach out to a construction site accident lawyer right away. With the help of a personal injury lawyer, you can discuss your legal rights and the merits of your case. If your case has merit, the lawyer can help you file a case in court and negotiate a settlement.