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Can You File a Claim if You Knowingly Walk Onto a Construction Site and Are Injured?

Walking around town, you may notice construction sites with heavy equipment and machinery. These sites can be dangerous to walk near, so it is important to be cautious and look for signs to avoid entering potentially hazardous areas and getting injured. While you have a duty of care to follow signs and act responsibly around construction sites, construction workers must also ensure the site complies with Occupational Safety and Health Administration (OSHA) standards and keeps those in a construction zone safe. Therefore, if another party neglects their duty of care on a construction site, you may still file a claim and recover damages if you knowingly walked onto the site.

At Feller & Wendt, we understand the severity of construction site injuries, so we handle every aspect of your claim so you can focus on recovery. Our dedicated team works with you from the beginning, listening to your story and helping you understand your rights and legal options. With our 70 years of combined experience and extensive knowledge of state and federal law, including comparative negligence, you have the best chance of achieving fair compensation.

How Comparative Negligence Can Impact Your Construction Accident Claim

With several factors contributing to a safe construction site, multiple parties may be at fault for accidents and injuries that occur in these areas. For these cases, most states use a comparative negligence system. This means each party is assigned a percentage of fault for the accident, which gets deducted from their respective damages. For example, if you are 30% responsible for the accident for knowingly walking onto a construction site, your compensation is reduced by 30%. In Utah and Idaho, those over 50% at fault cannot collect damages. In Arizona, parties can collect damages regardless of their fault percentage.

This system allows you to recover damages even if you knowingly entered a construction site. While this can benefit you, insurance companies may try to assign you an unfair portion of the blame and lowball you. At Feller & Wendt, we understand these tactics and fiercely advocate for fair treatment and settlement.

Potentially Liable Parties in Construction Site Accidents

Despite having walked onto a construction site, another party’s negligence may have contributed to your injuries. We conduct a thorough investigation to identify a liable party, which may include the following:

  • Contractor/Subcontractor: Contractors and subcontractors are responsible for maintaining a safe construction zone that complies with state and federal regulations. If they fail to do this, they may share liability for your injuries.
  • Construction Company: If a construction company fails to provide safety equipment or neglects proper protocols, they may be partially responsible for the accident and your injuries.
  • Site Owner: The owner of the construction site may be liable for your injuries if they had control over the area. 
  • Manufacturer: Defective equipment may have played a role in your injuries. In this case, the manufacturer may be held accountable.
  • Engineers and Architects: If engineers or architects fail to follow design standards or notice design flaws, they may be liable for injuries resulting from poor site design.

With evidence like medical records, maintenance records, witness testimony, and video footage, we may demonstrate another party’s negligence contributing to your injuries and secure the compensation you deserve.

Schedule a Free Consultation With the Trusted Construction Accident Lawyers at Feller & Wendt

Construction sites can be dangerous, but if you are in a rush or want to take a shorter route, you may knowingly walk through these areas and suffer injuries. In this case, you may wonder if you can file a claim. With the help of our seasoned personal injury lawyers at Feller & Wendt and comparative negligence, you can file a claim if another party’s negligence played a role in your accident and injuries. 

We have over 70 years of combined experience providing unmatched legal services to construction accident victims, so you can rely on us to take on your claim, no matter how complicated. Taking a personalized approach, our legal team takes the time to understand your situation and needs to develop a personalized solution and negotiate with insurance adjusters. To schedule a free consultation, call us at (855) 606-0913 or fill out our contact form.

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