The greater Houston area is always under construction, from the I-45 traffic project to Prairieland Village’s residential development. If you’re working in a construction zone, you stand a much higher risk of injury than people in other careers. Construction jobs are one of the deadliest careers in the country, with 1,056 fatal work injuries reported in 2022 alone.
An accident involving a construction vehicle can cause catastrophic injuries more devastating than you’d experience in a car wreck. Many victims are left permanently disabled, unable to work or care for their families.
If this has happened to you, a Houston construction accident lawyer can help you get the compensation you deserve for your medical care and other losses. However, getting the money you deserve isn’t automatic. Follow our tips for what to do after construction vehicle accidents to protect your claim.
Dangers of construction vehicles
As Houston grows, there is a higher demand for new construction and renovation. Construction vehicles are common on the Gulf Freeway, US-59/ Southwest Freeway, and the Beltway 8. Many are transported on flatbeds, which come with their own dangers.
Accidents can happen in many ways, such as:
- Poorly maintained vehicles or improperly completed repairs. In these cases, the owner of the vehicle, the mechanic, or even the manufacturer can be held liable for the accident.
- Negligent hiring or supervision. It’s the construction company’s responsibility to do due diligence in the hiring process. They must also properly train and supervise employees, including contract workers. Hiring someone with a poor driving record, substance use issues, or failing to ensure that heavy equipment operators are trained and aware of safety precautions can leave contractors open to liability in an injury claim.
- Bad driving. As construction equipment is moved from one site to the next, it often moves on flatbed trucks along the same roads you drive on. If the driver doesn’t follow safe driving practices, including leaving plenty of room to slow down or stop, they can be liable for causing a crash involving the equipment.
- Distractions. Distractions exist both on the road and on the job site. Heavy equipment operators have plenty to focus on; if they’re playing on their phones or daydreaming, they can cause an accident and be held liable.
What should I do if I’m involved in an accident with a construction vehicle?
Your first step, no matter where the accident happens, is to tend to your safety. Call 911 and get out of the way of traffic. Your next steps after the accident depend on who you are and where the accident happened.
What to do after construction site vehicle accidents on the job
Unlike other states, Texas does not require employers to carry workers’ compensation insurance. There are some exceptions, such as jobs involving government contracts. There is still a decent chance that your private employer does not have worker’s comp.
If you are a construction worker injured on the job and your employer does have workers’ compensation, then you are entitled to benefits to cover all necessary medical care and a partial wage replacement while you’re out of work. You may also be eligible to file a third-party lawsuit if someone, like another driver or a subcontractor, caused the accident.
If your employer does not have workers’ comp coverage, your only option to have your medical bills and lost wages paid is to file a lawsuit against the employer. A Houston construction vehicle accident attorney can:
- Represent you in the claim
- Investigate the accident to build your case
- File the suit and any other necessary legal documents to pursue it
- Negotiate a settlement with your employer
What to do if you’re a private citizen involved in an accident with a construction vehicle
If you’re the unfortunate driver hit by a construction vehicle or a semi-truck carrying a construction vehicle or other heavy equipment, you have the right to demand compensation from the party that caused the accident. This can be one or more of the following:
- The driver
- The equipment loader, for failing to secure the vehicle properly
- Another driver who caused the equipment driver to crash into you
- The driver or equipment operator’s employer
In any of these situations, you have the right to file a claim for compensation against the person or entity who caused the accident. This is considered a personal injury claim, and an attorney can help you pursue it.
Legal advice for victims of construction vehicle accidents
If you have been hurt in an accident involving a construction vehicle, the attorneys at Havens & Associates can help you get the compensation you’re entitled to or help you pursue workers’ compensation benefits.
Contact us at (713) 955-2215 for a free consultation.
