After a serious accident, one of the first questions many people ask is, “Who is liable?” While it may seem like there should be a simple answer, determining liability is often more complicated than it appears. In many cases, more than one person or company may have contributed to the accident.
When contractors, subcontractors, property owners, or other third parties are involved, determining liability can get tricky. Whether you’ve been injured at a construction site, on a commercial property, in a motor vehicle collision, or while working, understanding who may be liable is an important step toward protecting your legal rights.
Our firm helps oilfield workers, construction workers, and other injured Texans find a path to compensation after an accident. We can help determine legal liability and hold negligent parties responsible.
Legal Liability Isn’t Always Limited to One Person
Many accidents occur in environments where multiple businesses or individuals share responsibility for maintaining safe conditions. For example, a construction project may involve a general contractor, several subcontractors, equipment suppliers, and the property owner. Likewise, a commercial property may be managed by one company, maintained by another, and owned by someone else.
If an accident occurs, multiple parties could be held accountable for the resulting injuries. Determining liability often requires a careful investigation into exactly what happened and who had control over the conditions that led to the accident.
Who May Be Liable for an Accident?
Depending on the circumstances, several different people or businesses could be liable for an accident, including:
- Property owners
- Subcontractors
- General contractors
- Equipment manufacturers
- Maintenance or repair companies
- Trucking companies
- Commercial vehicle operators
- Product manufacturers
For example, if a contractor creates a dangerous work area or fails to follow safety procedures, the contractor may be liable. If defective equipment causes an injury, the manufacturer may be responsible. Likewise, a trucking company may be responsible if one of its drivers causes a collision due to negligent driving or poor vehicle maintenance.
Common Accident Situations Involving Third-Party Liability
Third-party liability can arise in many different types of accidents, including:
- Accidents involving heavy equipment or machinery
- Oil & gas or other industrial accidents
- Construction site accidents
- Slip and fall accidents on commercial property
- Workplace injuries involving outside contractors
- Commercial truck accidents
- Defective product injuries
In each of these situations, someone other than the injured person’s employer may bear legal responsibility. In some cases, more than one person or business is responsible.
Workers’ Compensation May Not Be the Only Option
Many injured workers assume workers’ compensation is their only source of recovery if they’re hurt at work. While workers’ compensation provides valuable benefits, it may not fully compensate someone who has suffered a serious injury. Moreover, not all Texas employers participate in the workers’ compensation system. Unlike other states, Texas allows employers to opt out of workers’ compensation insurance coverage.
Even if a contracting company has workers’ comp insurance for its employees, many outside contractors may not be covered by the policy. We consult with potential clients who are independent contractors, who work for a company without workers’ comp insurance, who were injured at work by a third party who’s not their employer, or who have been denied workers’ compensation and are looking for a different path forward. Instead, Allen & Nunnally handles personal injury lawsuits for clients in these situations.
How Do You File a Personal Injury Lawsuit Against Multiple Negligent Parties?
In Texas, you can sue more than one person or business in the same lawsuit. If you’ve been injured, your next step is pursuing a personal injury lawsuit against the multiple parties you and your lawyer believe are responsible. Your lawyer can prepare and file the lawsuit papers on your behalf.
In deciding your case, the judge or jury will figure out how to apportion responsibility for your injuries among the multiple defendants. In other words, they will determine who’s at fault for the accident and how much each person is at fault.
Frequently Asked Questions
Can more than one person or company be liable for my accident?
Yes. Under Texas law, multiple parties may share responsibility for an accident. Depending on the circumstances, liability may involve a property owner, contractor, manufacturer, trucking company, or another negligent party. A thorough investigation is often necessary to determine who may be legally responsible.
How do I know if I have a claim against a third party?
If you were hurt at work and someone other than your employer (or in addition to your employer) contributed to your accident, you may have a third-party personal injury claim. Because every case involves unique facts, speaking with an experienced Texas personal injury attorney can help you understand your rights and whether additional compensation may be available.
We’re First to Fight for Injured Texans
Were you seriously hurt in a Texas accident involving independent contractors or multiple different companies? At Allen & Nunnally, we work tirelessly to achieve the best possible outcomes for our clients’ cases. Injured Texans trust us to fight for the compensation they deserve because we have a steadfast commitment to client service that you can depend on. It’s time to seek legal representation to pursue compensation. To schedule a consultation with one of our Houston-based attorneys, call (713) 955-2217, use our convenient Contact Form, or email us at info@allen-nunnally.com.