Construction is a dangerous industry by nature. Every day, thousands of construction workers put their lives at risk on the job. Thousands of other drivers, bystanders, and pedestrians may also be at risk if the construction site contains defects or hazards. If you or someone you love has suffered injuries in a construction accident, contact a San Antonio construction accident lawyer from the Law Offices of Maloney & Campolo. We offer free, no-obligation consultations about personal injury law.

Why Choose Our Lawyers?

  • You will receive honest answers to your questions. We encourage clients to call 24/7 for honest, upfront answers about your construction accident claim.
  • You will benefit from lawyers with two decades of experience. In the Law Offices of Maloney & Campolo‘s history, we have recovered more than $150 million on behalf of our clients.
  • You will not have to pay unless we win. We operate on a contingency fee arrangement. There are no upfront costs, and no fees at all unless we win.

Why You Need a Construction Accident Attorney in San Antonio

Construction accident law can be difficult to navigate on your own. Insurance companies involved in construction accident claims typically try to deny or delay payout to save money. They may even allege your comparative fault for your injuries. Level the playing field by hiring a San Antonio construction accident attorney. Your lawyer will handle settlement negotiations for you, while you focus on healing from your injuries. Regardless of what caused your construction site accident, an attorney can help you fight for compensation.

Types of Construction Accidents and Injuries

Construction is the deadliest industry for workers, according to the Occupational Safety and Health Administration. Construction accounts for one in five worker deaths in the U.S. each year. Power tools, heavy machinery, dangerous materials, scaffolds, and working from heights all pose threats to worker safety. Construction zones can also be dangerous for drivers and pedestrians. Many different hazards can risk lives in the construction industry.

Construction workers can suffer severe injuries to the head, brain, eyes, ears, or spinal cord during on-the-job accidents. Burns, broken bones, electric shocks, lacerations, and concussions are all common injuries. Bystanders could also suffer serious, life-changing injuries because of unsafe construction zones. After a serious construction accident, it is up to the victim to review his or her rights with help from a San Antonio construction accident lawyer. Hiring a lawyer can ensure the victim pursues compensation with the best odds of success.

San Antonio construction accident attorney

Who is Liable in a Construction Site Accident?

Accidents and injuries that happen at construction sites may come down to the fault and legal responsibility of a construction company, the government, a property owner, a product manufacturer, or a combination of parties. Determining the defendant in your case may take an investigation from a construction site accident lawyer.

Your construction accident attorney in San Antonio can review who was present at the time of your accident, what the duties of your employer or the construction site manager were, and who might be accountable for damages. Your case could involve more than one party sharing fault for your damages. In this case, your odds of securing fair compensation for your damages could increase, since multiple defendants might owe you money.

Proving Liability for a San Antonio Construction Accident

Proving liability is the burden of the injured party or plaintiff in a personal injury case. The burden of proof is a “preponderance of the evidence” in civil law, which means more likely to be true than not true. While this is a lesser standard than “proof beyond a reasonable doubt,” which applies in criminal cases, it can still be a difficult burden for the plaintiff to meet. 

Establishing liability generally requires evidence demonstrating the four elements of negligence: 

  1. Duty of care: the defendant owed the plaintiff a duty of care, meaning an obligation to act with proper care. An example is an employer’s responsibility to properly train construction workers and provide personal protective equipment in dangerous settings.
  2. Breach of duty: any act or omission that violates the defendant’s duty of care. This can refer to anything that a reasonably prudent party would not have done in the same circumstances, such as ignoring federal safety standards that apply to the construction industry.
  3. Causation: the defendant’s breach of the duty of care was the proximate or actual cause of the construction site accident. This element typically requires proof that the injury would not have occurred but for the breach of duty (or that the breach was a significant factor).
  4. Damages: real, specific losses were suffered by the plaintiff because of the construction accident. Examples include physical injuries, lost wages, and pain and suffering.

Evidence to prove these four elements in a construction accident claim may include incident reports, medical records, eyewitness statements, expert witness testimony, accident reconstruction, employment records, and photographs and surveillance footage. 

Types of Damages Recoverable 

An injured construction worker can suffer many negative outcomes as a result of his or her workplace accident. The worker’s life may never be the same regardless of how much his or her attorney collects in financial compensation. At the Law Offices of Maloney & Campolo, we know that no amount of money can make up for a serious construction accident. However, we hope that obtaining fair compensation can make it easier to move forward.

 You may be entitled to the following:

  • Past and future required medical care
  • Lost wages and future earnings
  • Disability or disfigurement
  • Pain and suffering
  • Property damage
  • Loss of consortium
  • Wrongful death damages
  • Punitive damages

It is important to realize that all construction accident cases are unique. There is no such thing as an “average” settlement in Texas, as case values are highly variable. Determining the potential value of your construction site accident claim requires consulting with an attorney. Case values can depend on elements such as injury severity and the insurance coverage available.

What to Do After a Construction Accident Injury

If you get injured in a construction accident in San Antonio, try to remember to take the following steps to protect yourself:

  1. Call 911 to request an ambulance in an emergency.
  2. Get immediate medical care for your injuries.
  3. Report the accident to your employer right away, and at least within 30 days.
  4. Gather and preserve all evidence related to the accident.
  5. Document the scene by taking photographs before you leave.
  6. Speak to eyewitnesses and obtain an accident report.
  7. Maintain medical records proving your injuries related to the accident.
  8. Work with your employer to file a workers’ compensation claim.
  9. Do not give the insurance company a recorded statement.
  10. Consult with an attorney before you accept a settlement offer.

You could be eligible for greater compensation through a personal injury claim than workers’ compensation. Once you accept a settlement, however, you give up your right to sue an employer for negligence. Speak to a lawyer about your options before making any decisions.

Schedule a Free Consultation Today!

Working in construction comes with many potential risks to your physical health. It is your employer’s duty to reasonably protect you from these risks. The same is true of a site manager in keeping the general public safe during a construction project in San Antonio. If you suffered injuries as a worker or a bystander, you have rights. Protect them with help from a San Antonio personal injury lawyer at the Law Offices of Maloney & Campolo. Contact us online today to request your free consultation or call us at (210) 922-2200.