When construction accidents happen, victims might automatically assume that recovering compensation will be simple. That is not necessarily true, especially if your involvement in the accident has been called into question.

Construction workers might be scrutinized for their own liability for their injuries in various ways. For example, if you were not wearing the proper safety equipment at the time of your accident, you might be deemed partially at fault for your damages. That does not mean, however, that you cannot sue for injury in New York. Since New York is a pure comparative fault state, victims can file lawsuits even if they share liability for their injuries. That said, their compensation will be lowered in proportion to their degree of fault. To avoid questions of your own liability, follow all reporting requirements for construction accidents, get medical care for your physical injuries, and enlist our lawyers to begin gathering evidence of the true at-fault party’s negligence immediately.

The Carrion Law Firm’s New York construction injury lawyers can review your case for free when you call (718) 841-0083 today.

Can You Be Partially at Fault for a Construction Injury in New York?

In construction accident lawsuits, the actions of all parties might be considered, including those of the victim at the time of the incident. This begs the question; can you be partially at fault for a construction injury in New York?

Do not assume that the construction company will be wholly or even partially liable for your injuries just because you were hurt on a construction site. On top of proving the defendant’s negligence in your case, you might have to show that you did not contribute to the accident in question. For example, failure to wear the proper safety gear or follow safety instructions might partially contribute to an accident on a worksite, even if it is not the primary cause of the incident. Intentionally causing one’s injuries will typically leave them without a path to recovery in New York.

Construction accidents can be chaotic, leaving the exact cause unknown. Our Rochester, NY construction injury lawyers will investigate the accident in question to determine its root cause. Even if you made a mistake or error leading up to the incident, your actions might be totally unrelated to the accident that caused you injury. So, while you should not assume that your involvement in an accident won’t be called into question, you should not fear that you will be held partially liable for your injuries, provided you did not act negligently during the accident.

Fault might also be allocated among several other parties, such as negligent product manufacturers or reckless drivers. We can divvy up blame appropriately after reviewing the facts of your recent construction site accident in New York.

Can You File a Lawsuit if You Are Partially at Fault for a Construction Injury in New York?

New York follows a pure comparative fault standard for personal injury claims, including construction accident lawsuits. This determines when victims can sue if they are partially at fault for an accident and how their financial recoveries might be impacted.

In New York, victims of construction accidents can file lawsuits for compensation if they are partially at fault for their injuries. However, according to C.V.P. Law § 1411, their compensation will be reduced. So, suppose you were found to be 20% at fault for an accident on a construction site in New York. In that case, your compensation would be reduced by 20%. So, if your total award equates to $500,000, you would only walk away with $400,000, or 20% less than the award amount. Your percentage of liability will be factored into your claim after the jury assesses your total damages.

The statute of limitations is the same for victims partially at fault for construction injuries in New York. Such victims will still have three years from the date of injury or the date of discovery to file a lawsuit.

Victims should not be intimidated into pursuing litigation because they might share partial fault for their damages. Recovery may still be possible for such victims, albeit at a lesser amount.

Generally speaking, construction workers cannot sue their employers for injury in New York. They can, however, file third-party workplace accident lawsuits to recover damages.

What if the Defendant Argues You Are Partially at Fault for a Construction Injury in New York?

Sometimes, defendants argue comparative fault so that they do not have to pay all damages that victims are entitled to. Fortunately, our Huntington, NY construction accident lawyers are experienced in preparing cases involving contributory negligence and ensuring that victims recover the damages they need.

We can anticipate potential arguments that you contributed to a construction accident and prepare to undermine them by gathering strong evidence of the defendant’s negligence. For example, suppose you were injured because of defective machinery on a construction site. In that case, the manufacturer that produced and distributed the machinery might be liable for your injuries. To prove fault in such cases, we might have to look far back through the supply chain and review the manufacturer’s production and distribution practices for evidence that the company failed to check the machinery for safety and efficacy. If the machinery was defective prior to being distributed, your possible misuse of it might be totally unrelated to the fact that it caused your injuries.

Additional evidence, such as statements from eyewitnesses, surveillance footage, and your medical records, can also indicate fault in a construction accident case and answer any questions regarding your involvement in an incident. Collecting evidence immediately after an accident takes place will be important so that you can bring your claim as quickly as possible in New York.

Call Our Construction Accident Lawyers in New York Today

Call our Long Island construction injury lawyers at (718) 841-0083 to get help with your case from The Carrion Law Firm.