Determining Fault for a Construction Accident
A construction accident can be a devastating event. Not only can it cause physical injuries, but it can also lead to financial difficulties if the worker is unable to return to work. Determining who is at fault for a construction accident can be tricky, but with the help of a lawyer, you can make sure you get the compensation you deserve. In this article, we will discuss how fault is determined in a construction accident and what you can do if you are injured.
When these accidents happen, it is important to determine who is at fault. This process can be difficult, especially if you are not familiar with the law. That’s where a construction accident lawyer comes in. They can help you understand your rights and what you should do next. At Mahoney & Mahoney, LLC, we have years of experience helping injured workers get the compensation they deserve.
Determining fault in a construction accident can be tricky. The law is complicated and there are many factors that need to be considered. In general, the person who was injured is at fault unless they can prove that someone else was responsible. This usually means proving that the other party was negligent. There are several things that need to be considered when determining negligence:
- The duty of care
- The breach of the duty of care
- The causal connection between the breach and the injury
- The damages suffered
When determining fault in a construction accident, lawyers will look at all of these factors. They will also consider things like witness statements, safety records, and photos or videos of the accident.
The Duty of Care
The duty of care is the obligation that everyone has to exercise reasonable care when they are dealing with others. This means taking into account the safety of others and acting accordingly. In a construction accident, this usually means following all safety regulations.
Breach of Duty of Care
When someone breaches their duty of care, it means they did not act reasonably and caused someone else to be injured. This can be due to negligence or recklessness. For example, if a contractor fails to follow safety regulations and someone is injured as a result, they would have breached their duty of care.
Causation
In order to prove that the breach of the duty of care was responsible for the injury, there must be a causal connection. This means that the breach must have actually caused the injury. It is not enough to show that the injury could have been prevented if the duty of care had been followed.
Damages
In order to win a case, the injured person must also show that they suffered damages as a result of the accident. This can be anything from medical expenses to lost wages.
Proving Negligence
In order to prove negligence, you must show that the party responsible for your injuries failed to meet a standard of care. This could include showing that they did not properly inspect equipment or that they did not provide adequate training. It is important to note that simply because someone was negligent does not mean they will be found guilty of negligence. A lawyer can help you prove that the other party failed in their duty of care and determine fault for a construction accident.
Conclusion
Mahoney & Mahoney, LLC is a law firm that specializes in helping injured workers get the compensation they deserve. Our personal injury lawyers have years of experience dealing with construction accidents and we know what it takes to win a case. If you have been injured in a construction accident, call us today at 815-656-4600 for a free consultation.
