While accidents can occur in any industry, the construction industry is inherently dangerous. This is why more accidents occur in the construction industry than any other. Although some accidents can’t be prevented because they are caused by faulty equipment, there are certain mistakes that can increase the likelihood of a construction zone accident. Construction zone accidents can result in serious injury or even death. But who can be held responsible?
Responsibility to Provide Safe Environments
Much like any industry, the construction industry requires companies have a legal responsibility to provide safe work environments for their employees as well as safe grounds for any of the public that must walk or drive through an active construction zone. In order to meet this requirement, construction companies must engage in certain steps, such as:
- Hiring qualified, licensed professionals
- Properly training workers
- Supplying workers with proper safety equipment
- Inspecting the site regularly for any defects
- Warning both workers and the public of known defects
- Posting warning signs before entering construction zones
- Providing safe detours from construction zones
- Maintaining equipment and keeping it off of roadways
Liability and Vicarious Liability
If a construction company fails to take the above steps and a related workplace accident or construction zone crash occurs, the company could be held liable. If a company’s workers make a mistake that results in an accident, Texas’ doctrine of vicarious liability can hold the company responsible. However, if the worker responsible for making the mistake was an independent contractor, he or she may be held personally liable.
If the cause of an accident is a faulty or defective piece of equipment, the manufacturer or distributor can be held liable under a product liability claim.
If a construction zone is located on private property, it is the job of the property owner to ensure that the premises are reasonably safe. They have a duty to disclose any known hazards. If they fail to do so and a worker is injured, they can be held liable for the injury.
Modified Comparative Negligence
What if the individual injured was partially to blame? If the victim who is filing the lawsuit for their construction zone accident injury is partially responsible for the occurrence of the accident, he or she may still be able to receive compensation. Under Texas’ modified comparative negligence law, so long as the victim is less responsible for the accident than the defendant, he or she is still entitled to receive partial compensation. For instance, if a victim was 40% to blame for an accident in which she suffered $100,000 in damages, she would be entitled to recover $60,000.
The Attorneys at Rochelle McCullough Help Those in Houston Who Have Been Injured in a Construction Zone Accident
When you have been the victim of a construction zone accident, you are often faced with handling the financial ramifications that accompany it. You should not be held responsible for someone else’s negligence. You may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney as soon as possible.
The lawyers at Rochelle McCullough help victims of construction zone accidents to get their lives and their livelihood back on track. We will fight for your rights. To schedule a consultation, contact us today.