How to Prove Negligence in a Nederland TX Construction Accident Case - Free Case Review

Working at a construction site is inherently dangerous, and Nederland, TX, employers are responsible for providing safe working conditions. However, sometimes accidents happen because of a third party, and proving negligence becomes more complicated in these cases. An experienced lawyer can help you win your case and get maximum compensation for your injuries.

The talented Nederland TX work injury attorneys at Carabin Shaw can help you win your construction accident case. Our team has decades of experience, and we understand how to hold third parties accountable for negligence. Call our toll-free number today at 800-862-1260 to schedule a free consultation. We have English- AND Spanish-speaking staff, and someone can speak with you 24/7.

There are five components of negligence that must be present for the Jefferson County Court to hold a party liable for a victim’s damages. The components of construction accident negligence are:

• Duty of care: acting reasonably to prevent harm
• Breach of duty: failing to act reasonably
• Harm: damages incurred
• Proximate cause: harm caused by the breach
• Causation: the accident wouldn’t have happened without the breach of duty

Proving that a party is at fault and therefore liable for damages requires evidence, and your Texas attorney will gather documentation, photo and video evidence, and testimonies to prove your case.

Negligent parties may include the construction company, property owner, equipment manufacturer, government entity, vendors, engineers, or visitors to the site. Third parties are typically those who are not the employer of the injured construction worker. Your Nederland TX construction accident lawyer will help you contact these individuals or companies so you can hold them accountable for your injuries.

Many individuals and companies may play a part in any given construction site, and their actions during and before construction can impact the site's safety.

Examples of third-party negligence may include:

• A subcontractor fails to shut off a valve correctly, resulting in a natural gas explosion that injures a construction worker.
• An engineering company generates a faulty design, and the building collapses, injuring workers.
• A manufacturer uses toxic materials in their product, causing harm to installers.
• A vendor fails to warn a construction company about the safety issues surrounding their product, and it causes a construction worker injury in Nederland TX.
• A property owner knows about a pre-existing hazard but does not share it with the construction company, and an accident happens.

Workers’ compensation insurance does not protect third parties, and injured workers can sue for damages if they prove negligence. However, if the injured party seeks workers’ compensation, they may have to reimburse insurance with compensation won in a personal injury lawsuit.

Proving third-party negligence on a construction site can be tricky, even for a skilled lawyer, because many people work on the site, and determining who caused the accident involves an investigation. Remember, the party’s actions must meet each of the criteria for negligence, and you must be able to prove this in civil court.

The burden of proof in a civil case is not as strict as in a criminal case. However, your construction accident attorney in Texas must present evidence indicating that the at-fault party is liable for your injuries.

Evidence may include:

• Witness testimony
• Job Contracts
• Photos of the scene of the accident
• Product user manuals or safety data sheets
• Photos of injuries
• Medical records

Evidence is also used to prove the valuation of your injuries so you can receive adequate compensation for your losses.

At Carabin Shaw, we understand that suing a third party stresses your recovery. However, maximizing your compensation can also ensure a complete recovery or compensation for long-term damages. We offer our services on a contingency-fee-basis, so you don’t have to worry about legal costs. In addition, we encourage you to read our client reviews and find out how we’ve helped others to receive the compensation they deserve.

For more information:

• Cornell Law
• Statutes Capitol Texas
• Cornell Law