Construction sites are the most dangerous work sites in America. On each site, there are large, loud machines that move in every direction. They are operated by different companies with different managers, each of whom calls their own plays.
The construction site Jimmy worked on was one of these busy, dangerous sites.
The State of Texas attempted to mitigate the danger by offering $701 million to the general contractor to construct a highway around the old Texas stadium and requiring the contractor to adhere to safety rules. The general contractor took the money and was responsible for putting safety people and safety procedures in place.
Unfortunately, that did not happen.
On the day of the accident, there was no safety person or flagger to direct construction traffic on site. Without this coordination, each company decided when to move machines based on who was “in a hurry.”
Jimmy was known to his coworkers and employer as a safety guy and a rule follower. As Jimmy worked and focused on doing what he should have been doing, a truck that had not been inspected backed up.
If the truck had been inspected as required, the company would have known that its backup alarm was not working. The truck, which was in a hurry and did not have a working backup alarm, backed over Jimmy.
Jimmy died in the accident and left behind a wife, two sons, and grandchildren. His wife is disabled and was completely dependent on Jimmy. Jimmy’s employer did not notify his wife of Jimmy’s death. Instead, she found out about his death from a neighbor three days after it happened. While we couldn’t take away his wife’s grief, our construction accident attorney team could:
- Make sure the truth was told. The construction company’s story was that Jimmy wasn’t being careful and that he was run over because of his carelessness. We knew that wasn’t the case based on Jimmy’s reputation, and we set out to prove it. While the general contractor controlled key documents and witnesses, our law firm took on the role of private investigator. We conducted a special investigation to find former employees who would not be afraid to tell the truth. Two former employees informed us that the defendant did not routinely use a safety man or flagger. This made a significant difference in the case and helped us tell Jimmy’s story.
- Get her the money she needed to survive. Nothing would replace her husband, but our $7.25 million recovery ensured that Jimmy’s wife could afford the round-the-clock care she needed.
Construction companies want to protect their profits. At The Bonneau Law Firm, we want to protect the people they hurt.
Third-Party Liability on Texas Construction Sites
Construction zones are full of moving parts—literally and legally. Even when one company employs the injured worker, multiple other companies may be operating in the same area, managing different tasks, equipment, and crews. If one of these companies causes or contributes to a serious injury, they can be held liable as a third party.
Possible third parties include:
- General contractors. General contractors are responsible for overall site safety, but often fail to enforce rules across subcontractors.
- Subcontractors. Different subcontractors may operate heavy machinery or perform dangerous tasks without adequate safety protocols.
- Equipment manufacturers. Manufacturers can be held liable for defective machinery or the absence of essential safety features.
- Delivery drivers or vendors. External workers entering the site may cause or be involved in accidents.
- Architects and engineers. Design professionals may be liable if their plans contain dangerous flaws that lead to injury.
- Property owners. In some cases, the owner of the construction site can be held accountable for unsafe property conditions.
Unlike workers’ compensation claims, third-party lawsuits allow injured workers or their families to recover full damages, including pain and suffering, lost income, and long-term care.
Our firm does not handle workers’ compensation cases, but we are committed to helping injured construction workers or their surviving relatives seek justice from third parties or non-subscriber employers.
Non-Subscriber Employer Liability on Texas Construction Sites
Texas is one of the few states that allows employers to opt out of the workers’ compensation system. These “non-subscriber employers” may not be required to pay workers’ compensation insurance, but they are not exempt from liability if an accident occurs. Non-subscriber employers can still be sued.
When employers choose not to carry workers’ compensation, they lose important legal protections. If a non-subscriber’s negligence contributed to the injury, they can be held fully liable, and they cannot claim the worker was partially at fault as a defense.
Construction Site Accidents That Involve Third Parties and Non-Subscriber Employers
Some construction injuries clearly result from one company’s failure to follow safety rules or coordinate properly with others on-site. These are especially common in extensive infrastructure and highway projects involving multiple layers of contractors, and may include:
- Runover accidents
- Falls from heights
- Crushed by machinery
- Electrical injuries
The Bonneau Law Firm only accepts serious injury or wrongful death cases involving construction sites. If the injury changed your life or ended a loved one’s, legal action may be the only path to justice.
What to Do After a Serious Construction Site Injury
The time after a construction accident is often overwhelming, whether you’re a worker or a grieving family member. But time matters, especially when evidence is controlled by large construction companies with legal teams already building their defense. Accordingly, we encourage you to:
- Document everything
- Get medical care
- Do not talk to company investigators or insurers alone
- Talk to a construction injury lawyer
Construction Companies Prioritize Their Profits – The Bonneau Law Firm Prioritizes the Truth
We have a track record of uncovering the truth, even when it is buried in deleted logs, silenced employees, or “missing” safety reports. In Jimmy’s case, we uncovered the truth, ensured that Jimmy’s story was told, and protected his wife.
We don’t take every case. But if your injury, or your loved one’s death, was caused by the carelessness of a third-party or non-subscriber employer, we’re ready to fight for you.