How Do You Prove Negligence in a Construction Accident?

If you’ve been injured on a construction site, understanding how to prove negligence in a construction accident could be the key to recovering the full compensation you need and deserve. While workers’ compensation provides “no-fault” coverage for eligible workers’ medical bills and a portion of their lost wages, proof of negligence is required to seek full compensation for all of the financial and non-financial costs of your injuries.

So, how do you prove negligence in a construction accident?

Proving negligence requires evidence of the cause of your injuries. This makes it important to speak with a lawyer as soon after your construction accident as possible. Once you hire a lawyer to represent you, your lawyer will quickly conduct a thorough investigation focused on gathering the evidence needed to seek the full compensation you deserve.

Types of Evidence Used to Prove Negligence in a Construction Accident

When you have a claim for a construction accident, the types of evidence that are available to prove negligence depend on the specific circumstances involved. With this in mind, some examples of the types of evidence that may be available to prove your claim include:

Security Camera Footage

These days, many construction sites have security cameras. If you were injured on a construction site with a security camera, your accident may have been caught on video. If this is the case, the footage of your accident could be key evidence in support of your claim for negligence.

When you hire a lawyer to represent you, your lawyer will be able to request any security camera footage of your accident through the process known as “discovery.” In discovery, companies have a legal obligation to disclose any evidence that an accident victim requests (with some exceptions), and they can be penalized for refusing to do so.

Cell Phone Photos or Videos

Cell phone photos and videos can also serve as evidence of negligence in construction accident cases. This includes not only any videos of the accident itself, but also photos and videos taken in the accident’s aftermath.

If you took any photos or videos with your phone after your accident, you should be sure to keep these to share with your lawyer. If you think any of your coworkers may have photos or videos that you can use to prove negligence, you should share this information with your lawyer as well.

Eyewitness Testimony

Even if your coworkers didn’t take photos or videos with their phones, they may still be able to testify in support of your claim for fair compensation. Eyewitness testimony can be powerful evidence—especially when multiple eyewitnesses express the same safety concerns or provide the same version of the events leading to a construction accident.

Company Records

Negligence leading to construction accidents can take many different forms. In some cases, companies’ internal records can be used to prove that negligence is to blame for a worker’s on-the-job injuries. This includes (but is not limited to) company records such as:

• Internal communications (i.e., emails acknowledging safety concerns on a job site)
• Hiring and employment records (i.e., records showing that a company hired unqualified workers)
• Maintenance records (i.e., records showing that ladders, scaffolding, or other equipment had not been properly maintained)

Your lawyer will also be able to request any relevant records through the discovery process. Oftentimes, company records combined with photos, videos, and/or eyewitness testimony will build a very strong case for full compensation.

Forensic Evidence from the Accident Site

Forensic evidence from the accident site can be used to prove negligence in many cases as well. This includes everything from broken tools and equipment to backfill and construction debris. However, this evidence can disappear quickly, so it is important that you hire a lawyer to conduct an investigation and preserve all available evidence right away.

Again, these are just examples. Depending on how you got injured, various other forms of evidence could be available to prove negligence as well. When seeking to establish your legal rights, the key is to gather as much evidence as possible—and do so as quickly as possible—so that you can prove what happened and which company is responsible.

Discuss Your Construction Accident for FREE

A construction accident can affect every aspect of your life and leave you facing pain, disability, and time away from work you can’t afford. Don’t face your injuries alone. If you or someone you love was seriously injured in a construction accident in Arkansas, our experienced construction accident lawyers want to hear your story. We understand the hardships you may be facing and we are prepared to fight for the financial compensation you and your family deserve.

Contact a construction accident attorney at Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients across Arkansas and throughout the United States from our office in Rogers, AR.