Can I Sue for a Construction Injury if I Was Partially at Fault?

In construction, accidents happen frequently. Sometimes, the other party is 100% at fault, and the evidence is clear, allowing you to sue them or file a claim with their insurance and get 100% of your damages covered. However, more complex cases often involve a victim who might have been partially at fault, throwing a wrench into the case.

Laws vary from state to state, but in most states, victims can still sue for an accident in which they were partially at fault. The question of whether you can sue at all in a construction case is still a question that will need to be resolved on a case-by-case and state-by-state basis, but if you clear that hurdle, then you can still get partial damages for your injuries, even if you were partially at fault.

For help with your potential case, call the Philadelphia construction injury lawyers at The Reiff Law Firm today at (215) 709-6940.

How Comparative Negligence Works in Construction Accidents?

In general, the law does allow victims who shared responsibility for their own accidents to sue, but their damages will be reduced by their share of fault.

Contributory and Comparative Negligence

This situation is legally known as “contributory” or “comparative” negligence. Under traditional common law rules, a victim who shared even slight fault in causing their own accident was unable to recover damages, but most states changed this law.

Today, only Alabama, Washington, D.C., Maryland, North Carolina, and Virginia still follow these “pure contributory negligence” rules, which bar partially at-fault victims from suing for injuries.

Your Recovery May Be Reduced

In many states, injured victims in construction accidents may sue for their damages, barring situations involving Workers’ Compensation, even though they were partially responsible. However, they may not recover the full extent of their damages.

Generally, a plaintiff’s damages may be reduced in proportion to their share of fault as determined by the trier of fact. The more fault that is assigned to you, the more damages you could lose.

Determining Fault

Most states use a “comparative” negligence rule, allowing the courts to compare every party’s percentage of fault. Under these rules, each at-fault defendant pays their share of damages based on their percentage of fault, and the plaintiff is left unable to recover the rest of the damages.

For example, if two defendants are each found 45% at fault and the victim is found 10% at fault, and the total damages are $10,000, then each defendant pays $4,500, and the victim is left without recovery for their 10% share of $1,000.

State-Specific Rules

In a handful of states, you can be 99% at fault and still recover compensation for that 1% of your damages that the other person caused. However, most states draw a line at 50% or “over 50%” fault. These are called “50% bars” and “51% bars” (despite the fact that they usually cut off damages at even 50.000001% fault, for example).

For example, our construction accident lawyers’ home state of Pennsylvania uses a “51% bar.” There, if a plaintiff is more than 50% at fault for their own accident, they cannot recover any damages from the other at-fault parties.

Recovery for 100% Fault

In any case, these rules only deal with partial fault. If you were 100% responsible for your own accident, you cannot sue, but you might still be able to recover compensation through Workers’ Compensation if you are covered by one of these policies.

Can You Sue for Construction Accidents in the First Place?

If you are considered an “employee” of the construction firm or contractor that you work for, odds are your state requires them to cover you with Workers’ Compensation insurance, and you likely cannot sue your employer.

Third-Party Liability

If your employer was at fault for the accident, then these rules might stop you from being able to sue them at all. However, you might still be able to sue other parties for your injuries. Most states do not bar lawsuits against third-party actors, such as a driver who crashed into a roadside construction crew, a manufacturer of defective safety equipment, or a manufacturer of a dangerous/defective power tool.

Partial Fault from an Employer and the Victim

When you file a lawsuit against another eligible party, the court will still assign partial blame to each at-fault party. As mentioned, your own percentage of fault will block recovery for that share of damages.

If your employer is partially at fault, that percentage of damages might be blocked as well. For example, let’s say you are suing a driver who crashed into you while you were working on a nighttime roadside crew. If your employer failed to erect safety barriers, they might be found 15% at fault. If you were found not to be wearing a yellow vest or headlamp, that might make you 5% at fault, too. In a case like this, the driver who hit you could be found liable for the other 80% of damages, leaving them to pay only that amount. You could not get the 15% from your employer or the 5% from yourself paid in a case like this.

Rule for Contractors

If you are not an employee, you are likely not covered by Workers’ Compensation and can sue anyone responsible for your accident. Most states carve out “independent contractors” from coverage, which means that many construction contractors and subcontractors would not have this insurance and would not have this bar on their ability to sue. Even so, your damages could still be reduced if you were partially at fault.

Important Considerations

When preparing to sue for a construction accident, we must consider several crucial factors, regardless of whether you share partial fault.

Workers’ Compensation

If Workers’ Compensation applies to your accident, you may be barred from suing your employer, and filing a lawsuit may only be possible under more limited conditions. In many states, Workers’ Compensation is the sole legal remedy available. However, you may still sue third parties.

Legal Complexity

We must also consider the complexity of your case. If the facts are unclear, we might not yet be sure whether you contributed to the accident. While this could bode well for you, it might go the other way, and you might share more blame than you first thought.

Evidence

We must have evidence to support your claims for damages and prove that the defendant is responsible for your accident. If you are worried that you might share blame for the accident, we should also prepare evidence that negates any accusations of contributory negligence.

FAQs About Suing for Construction Accidents Where the Plaintiff is Partially Responsible

Can I Sue for a Construction Accident?

Possibly, yes. You may sue for injuries sustained in a construction accident. However, many injured employees are covered by Workers’ Compensation and may be barred from suing their employers.

Can I Sue for a Construction Accident if I am Partially Responsible?

Yes. Even if you are somewhat responsible for the accident, you may still be able to sue for your damages. However, your damages may be reduced in proportion to your share of fault.

Who Can I Sue for a Construction Accident?

Generally, you may sue anyone you believe is directly responsible for the accident. However, employees covered by Workers’ Compensation may not sue their employers.

Can I Still Recover Compensation for a Construction Accident if I am Partially at Fault?

Yes. You may still recover compensation for your damages in a lawsuit, but you might not recover the full extent of your damages. They will likely be reduced if the court determines that you share fault for the construction accident.

How is Fault Determined in Construction Accident Lawsuits?

Fault may be determined in light of facts and evidence surrounding the case. When the fault of one party is determined, so must be the fault of all other parties. Evidence such as security camera footage, witness testimony, and photos of the accident scene may be used.

How Can a Construction Accident Victim Be Held Partially Responsible?

Accident victims may be deemed partially responsible if their own negligence somehow contributed to the accident. Even minor errors can play a role in an accident.

Contact Our Construction Accident Lawyers for Help Today

Even if you were partially at fault for your accident, contact The Reiff Law Firm at (215) 709-6940 to have our Pennsylvania construction injury attorneys review your injury case for free.