Forklifts, cranes, bulldozers, and other heavy machinery at construction sites in the Dallas-Fort Worth area are essential for getting work done more quickly and with less back-breaking manual labor. However, these types of heavy machinery are also incredibly dangerous, and you could suffer life-altering injuries that result in permanent disability or death in a heavy machinery construction accident. More than one negligent party could be responsible for compensating you for your injuries in these accidents.
Common At-Fault Parties in Heavy Machinery Construction Accidents
It is important to pursue claims against any responsible parties to ensure that you receive all the compensation you deserve. This is especially true if you work for a non-subscriber employer who has opted out of providing workers’ compensation benefits in Texas. In this situation, you must prove your employer’s negligence to receive damages from them. However, you only need to prove that your company was at least one percent negligent to hold them liable.
There can be many different negligent parties in an accident resulting in a heavy machinery injury. Here are some common at-fault parties:
There are a variety of ways that an employer can be found negligent in these accidents. Failing to properly train operators of the equipment and not inspecting and maintaining the machines are two reasons heavy machinery accidents happen. In addition, if a co-worker’s negligence in operating the machinery caused your injuries, your employer could be vicariously liable for his actions under Texas law.
The general contractor of the construction project has a duty to maintain a safe working environment. If this duty was breached, this party may be found liable. A contractor, architect, engineer, or other entity could be in charge of the project, and you will need the assistance of an experienced workplace accident attorney to identify them.
Owner of the accident site
If the owner of the property was not one of the contractors, he may still face liability if he knew of the unsafe operations on the site and failed to stop these dangerous practices.
Defects in the design or manufacture of heavy equipment parts can lead to machinery failures and accidents. If this was the cause of your injuries, you would need to file a products liability claim against the defective parts manufacturer and manufacturer of the machinery.
Have You Been Injured In A Texas Construction Accident?
If you've been injured in a construction accident you need to speak with an experienced construction accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.