Accidents while working in an oil field may be quite severe. The person or entity responsible for the accident should cover your damages. Unfortunately, what often happens is that the person responsible tries to blame the victim for their injuries to avoid paying. Our legal team can help you prove the accident was not your fault.
Proving you were not responsible for the accident requires evidence of the accident. We may need evidence such as security camera footage, witness testimony, and physical evidence to determine exactly who is responsible. We may also highlight industry regulations, including those from the Occupational Safety and Health Administration (OSHA). If these regulations were violated or ignored by others, you should not be held responsible. Even if you are partially responsible, you may still be entitled to some damages.
Contact our Texas oil field injury attorneys to get a free case evaluation by calling The Queenan Law Firm at (817) 476-1797.
How to Prove You Were Not Responsible for an Oil Field Injury in Texas
Proving that the defendant is responsible for the accident might only be half the battle. If they try to argue that you caused the accident or at least contributed to it, we must also prepare evidence proving that you were not negligent.
If your workplace is monitored by security cameras, which is common, our Texas oil field injury attorneys may demand copies of the security camera footage from the accident. We should try to get footage from any cameras that were in the area so we can see how the accident happened from multiple angles.
Security cameras might be unavailable or not reveal much. However, we can still piece together what happened using witness testimony. Coworkers and other people who were there when the accident happened can testify about what they saw. Even if they were not present during the accident, they might have personal knowledge about safety issues that might have caused the accident.
Using Industry Regulations to Prove an Oil Field Injury Was Not Your Fault
Major industries, such as the oil industry, are subject to strict safety regulations, many of which are imposed by governmental agencies. If the oil company ran afoul of even one of these regulations, it might prove that they are at fault, not you. If they do not follow safety regulations, they should be held liable, not you.
What does the Occupational Safety and Health Administration (OSHA) have to say about the accident? We may be able to report the accident to OSHA, and they may send someone to investigate. Their reports may help us prove you are not responsible for the accident.
Even if you made an error while working, it might not be the direct cause of the accident. Certain safety standards and regulations are designed to protect workers in the event of errors or mistakes. If these standards are not adhered to, the oil company should be held liable, not you.
Using Records to Prove You Were Not Responsible for an Oil Field Accident in Texas
Certain records related to your work might also help us prove that you were not responsible for the accident. The oil company should keep thorough records about things like safety, employees, and accidents. We may obtain copies of these records through the discovery process.
We should review maintenance records pertaining to your workplace. If you were working in a particular area when the accident happened, the oil company’s records might reveal that that area was not properly maintained and was unsafe for workers.
Training and safety records may also come in handy. Even if you or another coworker made an error that caused the accident, this might be because you were not properly trained.
What to Do if a Texas Oil Company Blames You for an Accident
We must be prepared for the oil company to argue that you somehow caused the accident. The key is to stand your ground. Big oil companies often rely on intimidation tactics to get injured employees to back down. Once they realize that we will initiate serious legal action, the oil company may be more willing to cooperate.
We must come prepared with evidence, and our evidence should address the specific allegations made against you by the oil company. If they claim the accident was your fault because you were not wearing safety gear, we need evidence of your safety gear.
Why an Oil Company Might Accuse You of Negligence After an Accident
The oil company in your case will likely try to blame you for the accident so they can avoid liability. If they are not liable, or their liability is reduced, they may not have to pay you as much compensation. At the end of the day, it is all about money.
According to Tex. Civ. Prac. & Rem. Code § 33.001, you may still recover damages if you are partially responsible for the accident. Generally, your damages may be reduced according to your share of fault. For example, a plaintiff found to be 10% responsible may see their damages reduced by 10%.
However, if your responsibility is greater than 50%, you may be barred from recovery, and the oil company would not have to pay you anything.
Can I Still Sue an Oil Company if I Am Partially Responsible for an Accident?
Even if you are somewhat responsible for the accident, you may still pursue legal action against the oil company as long as your case is not otherwise barred for some other reason.
However, if you really are partially at fault, we might want to reconsider what kind of legal action to pursue. If you are likely to lose most of your damages because of proportionate responsibility laws, we might not want to have a trial. A settlement might be a better option, although this varies from case to case.
Receive Help Now from Our Texas Oil Field Injury Attorneys
Contact our Houston, TX oil field injury attorneys to get a free case evaluation by calling The Queenan Law Firm at (817) 476-1797.