6 Effective Ways to Prove Fault in an Oil Well Accident
After an oil well accident, it can be difficult to know what to do or where to turn. You may be feeling overwhelmed, confused, and frightened. The last thing you want to deal with is a lengthy and complex legal battle. However, if you were injured in an oil well accident, you may be entitled to compensation. In order to receive the compensation, you deserve, you will need to prove that the oil well operator was at fault. Here are six effective ways to do just that.
1. Establishing Negligence
One of the most common ways to prove fault in an oil well accident is by establishing negligence on the part of the employer or a co-worker. To do this, you will need to show that the employer or co-worker owed you a duty of care, breached that duty, and as a result, you were injured. For example, if your employer failed to provide you with proper safety equipment or training, and you were injured, as a result, they would be considered negligent.
2. Reviewing the Employer’s Policies and Procedures
Another way to prove fault is by reviewing your employer’s policies and procedures surrounding oil well accidents. If it can be shown that your employer did not have adequate policies and procedures in place or that they were disregarded, this could be used as evidence of negligence.
3. Examining the Safety Regulations for Oil Well Operations
There are strict safety regulations surrounding oil well operations, and if these regulations are not followed, it could be grounds for liability. For example, if an operator fails to properly maintain equipment, resulting in an accident, they could be held liable.
4. Determining if There was a Defect in the Machinery or Equipment Used
After an oil well accident has occurred, the first thing you should do is request a copy of the maintenance logs from the oil well operator. These logs will detail any maintenance or repair work that has been done on the oil well. If the accident was caused by a failure to properly maintain the equipment, the logs would provide evidence of this negligence. In some cases, an accident may have been caused by a defect in the machinery or equipment used. If this is the case, you may be able to file a product liability claim against the manufacturer of the defective product.
5. Investigating Whether or Not the Accident Could Have Been Prevented
It’s also important to investigate whether or not the accident could have been prevented had different decisions been made leading up to it. For example, suppose an operator knew there was a problem with the equipment but chose to ignore it. In that case, they could be held liable for any resulting accidents. One way of investigating if the accident could have been prevented is by reviewing surveillance footage of the accident. This footage can be extremely helpful in understanding how the accident happened and who is at fault.
6. Reviewing the Witnesses’ Testimonies
If there were any eyewitnesses to the accident, be sure to speak with them as soon as possible. They may have seen something that you didn’t see, and their testimony can go a long way in proving who was at fault and what exactly happened leading up to the accident. If you need help understanding the technical aspects of what went wrong, consider hiring an expert witness. An expert witness can review all of the evidence and provide testimony about what they believe caused the accident.
If you or someone you love has been injured in an oil well accident, there are a number of ways that fault can be established, and those responsible can be held liable for their actions (or inaction). By working with Sanchez Medina, we can help you collect evidence such as eyewitness testimony and photographs of the scene/injuries sustained and thoroughly investigate all aspects of the case. We can also ensure that those responsible are held accountable for their actions—and help prevent future accidents from occurring.
Disclaimer: This material is provided for informational purposes only. The provision of this material does not create an attorney-client relationship between the firm and the reader and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this newsletter are not a substitute for legal counsel. Do not take action in reliance on the contents of this material without seeking the advice of counsel.
The information contained in this blog may or may not reflect the most current legal developments. Accordingly, information in this blog is not promised or guaranteed to be correct or complete, and should not be relied upon as such. Readers should conduct their own appropriate legal research.
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