Killeen TX Construction Site Injuries & Compensation for Non-Workers - Free Case Review

As a non-worker in a Killeen, TX, construction site, you are not eligible for workers’ compensation benefits in the event of an injury suffered as a driver, biker, or pedestrian. Instead, you may be able to receive compensation via an insurance or personal injury claim after an accident in or around a local construction zone if negligence on behalf of another party led to your damages. Hiring a top-notch personal injury lawyer in Texas can help to ensure you get the compensation you deserve.

At Carabin Shaw, our team has decades of experience in personal injury law, and we can help you receive compensation whether you need to file an insurance claim, negotiate a settlement, or file a lawsuit. We offer our services on a contingency-fee-basis, and our client reviews show we are dedicated to our clients’ successes. Call our toll-free number today at 800-862-1260 to schedule a free case review. We have English- AND Spanish-speaking staff, and someone can answer the phone 24/7.

Negligence and Liability on Construction Sites

For the court to hold one or more parties liable for your Killeen construction zone injuries, their actions must meet the criteria for negligence. These criteria include:

• Duty of care
• Breach of duty
• Harm
• Proof that the harm was directly caused by the breach of duty

An example of negligence could be a construction company’s poor signage that causes a pedestrian to fall into a hole. A piece of heavy machinery suddenly entering the roadway and causing an accident could also be negligence. In these examples, the construction company had a duty to create a safe corridor of travel, and it breached that duty. The negligent party is liable for injuries that occurred because of their negligence. These examples highlight the negligence and liability issues of some construction accident claims in Texas.

Premises Liability vs. General Liability

Property owners, construction companies, and third-party contractors each hold some liability on a construction site, and your attorney will help you determine which one to file a lawsuit against. Property owners are liable under premises liability, and construction companies have general liability for their construction operations. Texas is a comparative negligence state, which means that multiple parties may share in the liability of one accident.

The court can apply other types of liability to construction site cases. In fact, the plaintiff may bear some liability under the common law doctrine of assumption of risk. In this doctrine, plaintiffs must assume liability for their actions if they ignore warnings and safety measures. For example, if pedestrians force themselves into a dangerous area secured with fencing, they may be fully or partially liable for subsequent injuries.

Because of the intricacies of the laws and regulations surrounding these accidents, it’s strongly advised that you contact an experienced lawyer in Killeen as soon as possible to discuss your legal options. To receive maximum compensation for damages, a trusted law firm like Carabin Shaw should be relied on for your potential case.

Steps Involved in a Texas Construction Accident Case

The first step after a construction accident is to seek medical care. This ensures you mitigate your damages by treating injuries as soon as possible. Calling a personal injury lawyer should occur shortly thereafter, so your legal team can collect evidence and ensure you file a timely lawsuit within the statute of limitations.

Your Killeen TX construction accident lawyer will then file your legal complaint in Bell County District Court. The defendant will respond to your case, answering each allegation with an affirmative defense or a counterclaim. The case will then go to discovery until the trial, and both parties collect evidence during this time to build their case. The trial is unnecessary if the liable parties present a fair settlement offer during discovery and the plaintiff accepts it. Most construction accident claims in Texas end before trial after negotiating a settlement.

The Role of an Attorney in Texas Civil Court

In 2022, Texas had 203 work zone fatalities, 24 of which involved non-working pedestrians. Other injurious accidents involved bicyclists, motorcyclists, and the drivers of passenger vehicles. The role of attorneys in these types of subsequent civil lawsuits involving non-working individuals in a work zone is to ensure that these victims receive compensation from the parties responsible for their injuries.

Call Now To Schedule Your Free Case Review - No Money Owed Unless Your Case Is Won

The Killeen personal injury attorneys at Carabin Shaw offer compassionate and streamlined legal services to maximize your compensation in the event of a settlement or trial case. If you’ve been injured while traveling through a construction zone, call us today to ensure you get compensation for ALL your losses.

For more information:

• Work Zone Safety
• Cornell Law
• City of Bell

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