Determining Fault in San Antonio Construction Accidents

As a construction worker, you are at risk of serious on-the-job injuries. If you need to file a lawsuit, identifying who is responsible will be a key part of your legal case. Determining fault in San Antonio construction accidents can be a challenge. This is one reason hiring an attorney is so important. Your construction accident attorney will review your case and determine who could be responsible, whether that is your employer or another party.

How Is Fault Determined After a Construction Accident?

In some situations, fault does not need to be determined after an accident. If the employer participates in the Texas workers’ compensation system, the employee can file a workers’ compensation claim. In these situations, fault does not matter. The employee does not need to prove that their employer was negligent, and they will not be penalized if they were partially at fault, outside of a few exceptions. If the employer is a non-subscriber to workers’ compensation and the employee files a lawsuit, they need to prove that the employer was negligent.

A person or company is negligent when it has a duty to act a certain way and fails to uphold that duty. Employees have a duty to provide training, safety gear, and safety procedures. To determine who was negligent and who contributed to the construction accident in San Antonio, lawyers for both parties will investigate how the accident happened. This can include looking at the moments leading up to the accident by talking to coworkers and other witnesses or reviewing camera footage if it is available. The investigation will also cover things like maintenance logs, safety procedures, training records, and the injured person’s behavior, especially whether they followed safety rules. Fault will be based on the overall combination of all of these factors.

What Happens if the Injured Person Is Partially Responsible for Their Accident?

Sometimes, an injured person is partially responsible for their accident. For example, the employer could have set an unreasonable deadline and pressured employees to work faster to meet it, and the employee skipped a step in their regular safety procedure. When this happens, Texas Civil Practice and Remedies Code § 33.001 still allows the injured person to receive compensation as long as they were 50 percent responsible or less. However, the compensation would be reduced based on the level of responsibility. For example, if the employer was found to be 85 percent at fault and the employee was 15 percent at fault, the injured employee would receive $85,000 if they were awarded $100,000. If the injured person was more than 50 percent responsible, they would not be able to receive any compensation. These percentages are based on the same evidence that would be used if only one party was at fault.

Consult With an Attorney About Fault in Your San Antonio Construction Accident Case Today

Determining fault in San Antonio construction accidents can be complicated and require a thorough investigation. Proving that your employer or a third party was responsible for your injuries is necessary to get compensation through a lawsuit. Your attorney will use the details of the situation to make the best possible argument on your behalf and increase the chances of getting you the compensation you deserve. Felix Gonzalez Accident and Injury Law Firm offers free initial consultations. Contact us to schedule yours today.