Establishing Fault After a Conroe TX Construction Zone Accidents - Who Can Be Held Liable?

Injured parties in a Conroe, TX construction zone accident may have to file a lawsuit to receive monetary compensation for their losses. For a case to be successful, the plaintiff and the plaintiff’s lawyer must establish fault. Especially in construction zone accident cases, fault can be a complex notion, so hiring an expert legal team is crucial.

The Conroe personal injury attorneys at Carabin Shaw are experts in construction zone accident cases in Texas, and we encourage potential clients to read our client reviews to find out why. Call our toll-free number at 800-862-1260 to schedule a free case review and discover your legal options for compensation. We offer our services on a contingency-fee-basis and have English- AND Spanish-speaking staff. Someone is available to answer the phone and speak with you 24/7.

The parties responsible for a construction zone accident are complex because they may not be obvious. Possible defendants include:

• Another driver
• Pedestrian or bicyclist
• Construction company
• Subcontractor
• Property owner
• Government entity
• Heavy equipment or tool manufacturer
• Engineer
• Third-party vendor

The proportionate responsibility rules in Texas provide the opportunity for multiple defendants, each only responsible for a portion of the damages that matches their level of fault. The plaintiff may also be an at-fault party, but the court will not award any compensation if their level of fault is over 50%.

Some potential defendants are easier to assign fault and Conroe TX construction accident liability than others. For example, city and state governments are often protected by sovereign immunity. In Texas, this provision is clarified in the Texas Tort Claims Act. As a result of this act, most construction zone accident lawsuits against the government involve a government employee using a motor vehicle.

Your attorney will have intricate knowledge of Texas civil procedure. This will help you to identify all at-fault parties and determine whether they make suitable defendants.

Each lawsuit has a statute of limitations or a time limit in which you must file a claim. In most cases, the statute of limitations is 2 years, but many exceptions exist. Discussing your case with a lawyer ensures you don’t miss any deadlines.

Timeliness is also essential to gather evidence while it is still fresh. If you wait over a year to consult with Texas construction accident attorneys, you may miss opportunities to collect important witness testimonies or other evidence. If you are approaching the end of your statute of limitations, it is still worth consulting with a legal team to find out if you have a viable case.

Most construction zone accident cases are based on the tort of negligence. The plaintiff must prove that the defendant was negligent so that the court can award damages. Negligence has four parts:

• Duty of care
• Breach of duty
• Injuries
• Breach of duty as the proximate cause of injury

To establish fault, Texas construction accident attorneys must prove that all four parts of negligence exist for the plaintiff to receive compensation. If the action that is labeled negligent is not the proximate cause of damages, the plaintiff will not win the lawsuit.

Compensable damages in a construction zone accident include:

• Economic damages: medical bills, repair bills, and loss of income
• Noneconomic damages: pain and suffering, mental anguish, loss of relationships
• Exemplary damages: punitive awards for gross negligence

When you file a lawsuit with Carabin Shaw, we’ll help you maximize your compensation and ensure that you count and quantify every loss to receive a fair settlement offer.

At Carabin Shaw, our team is confident in their ability to help you win your personal injury case. We’ll make sure your path to compensation is as smooth as possible so you can focus on your recovery. Call today to begin your journey to justice, and know that you’ve found a legal team you can trust to have your best interests prioritized.

For more information:

• Statutes Capitol Texas
• Statutes Capitol Texas
• Cornell Law