Crane accidents are some of the most tragic events that can happen on a construction site. These huge machines, though vital to most building processes, can turn lethal if not operated, maintained, or inspected correctly. Injuries from crane accidents are usually severe, resulting in long-term disabilities or death. In such cases, the advice and representation of seasoned crane accident attorneys become essential for victims and their families.
Crane accident attorneys assist victims in seeking justice by determining responsible parties, dealing with complicated legal procedures, and obtaining proper compensation for the injuries incurred. As a construction worker, bystander, or victim of the aftermath of a crane accident, knowing your rights is important.
The Dangers of Cranes on Construction Sites
Cranes are towering, complex pieces of machinery that are used to lift and move heavy materials across construction zones. Given their size, weight, and height, even a minor misstep in operation or setup can lead to significant consequences. When a crane collapses or drops a heavy load, everyone in the vicinity is at risk.
Common Hazards Involving Cranes
Some of the most common hazards associated with cranes include:
- Falling Loads: Cranes often lift and transport heavy materials. If a load falls due to improper rigging or equipment failure, it can cause severe injuries or fatalities.
- Crane Collapse: If a crane is not properly stabilized or has structural issues, it can collapse, endangering workers and bystanders.
- Electrocution: Contact with power lines is another frequent risk associated with crane operation. If a crane’s boom or load comes into contact with overhead lines, it can result in electrocution.
- Tip-overs: Cranes can tip over due to uneven ground, overloading, or improper setup. This can cause fatal injuries or extensive damage.
- Swing Radius Accidents: A crane’s rotating boom can strike workers or objects in the vicinity. These accidents often occur when the crane’s swing path isn’t properly marked.
Given these risks, proper safety measures and adherence to regulatory standards are vital for preventing crane accidents.
Common Causes of Crane Accidents
Understanding the cause of a crane accident is the first step in determining liability. Several factors can contribute to these incidents, including:
Lack of Training
Crane operators who are not properly trained may misjudge load capacities, operate the crane unsafely, or ignore essential safety protocols, contributing to accidents.
Mechanical Failures
Crane machinery must undergo routine maintenance to function safely. A worn-out part, faulty rigging, or defective component can result in a catastrophic mechanical failure.
Improper Setup
Cranes must be installed on solid, level ground to prevent tipping or instability. If set up improperly, they may become unstable and tip over, causing significant injuries.
Weather Conditions
Severe weather conditions, such as high winds or poor visibility, can impair crane operation. Ignoring weather conditions or continuing to operate a crane in adverse weather can lead to accidents.
Overloading
Exceeding a crane’s maximum weight capacity can increase the likelihood of a tip-over or structural failure, putting everyone in the vicinity at risk.
Human Error
Miscommunication between workers, operator distraction, or negligence often plays a key role in crane accidents. Human mistakes can amplify the consequences of equipment malfunction or environmental hazards.
Identifying the precise cause of a crane accident allows legal professionals to determine which parties are responsible for the injuries sustained.
Parties That May Be Held Liable
Crane accident cases often involve multiple parties, and identifying each potentially liable party is essential for recovering full compensation. Commonly liable parties include:
Construction Companies
Construction companies are responsible for ensuring the safety of their workers and maintaining equipment. If safety regulations are ignored or workers aren’t properly trained, the company may be held accountable.
Crane Operators
If an operator’s negligence or inexperience contributed to the accident, they may be personally liable for the damages.
Manufacturers
If a crane defect or malfunction caused the accident, the manufacturer of the crane or any faulty component may be held responsible.
Subcontractors
In some cases, subcontractors may have interfered with crane operations or failed to follow safety procedures. If their actions contributed to the accident, they may share in the liability.
Maintenance Providers
Companies responsible for maintaining the crane may also bear responsibility if inadequate servicing led to mechanical failure or an accident.
Property Owners
In certain cases, if poor site conditions contributed to the accident, the property owner of the construction site may be held liable.
Legal Claims Following a Crane Accident
Victims of crane accidents can pursue various types of legal claims depending on the circumstances and the victim’s role at the time of the accident. These claims may include:
Workers’ Compensation
Injured workers may be entitled to workers’ compensation benefits, which cover medical bills and a portion of lost wages. These claims don’t require proving fault, but they may limit recovery in comparison to a lawsuit.
Third-Party Lawsuits
If a party other than the employer, such as a crane manufacturer or subcontractor, was at fault, a personal injury lawsuit can be filed to recover additional damages, such as pain and suffering and full wage loss.
Wrongful Death Claims
If a loved one is killed in a crane accident, their surviving family members may file a wrongful death claim seeking compensation for funeral costs, lost future income, and loss of companionship.
Product Liability Claims
If a crane defect caused the accident, victims can pursue a claim against the manufacturer for designing or producing a dangerous product that contributed to the injury.
Injuries Associated with Crane Accidents
Crane accidents tend to result in severe, life-changing injuries. These injuries may include:
- Traumatic Brain Injuries (TBI): Victims can suffer serious head trauma that can result in permanent cognitive and physical disabilities.
- Spinal Cord Injuries: These injuries often lead to paralysis, requiring extensive treatment and long-term care.
- Crushed Limbs: Crushed limbs may require amputation or extensive rehabilitation to recover.
- Internal Organ Damage: Injuries to internal organs can be life-threatening and require multiple surgeries to repair.
- Burns: Electrocution from contact with power lines can cause severe burns, leading to long-term recovery.
- Fractures: Crushed bones and fractures are common due to falling objects or crane collapse.
These types of injuries typically require extensive medical treatment, surgeries, physical rehabilitation, and sometimes long-term care. The physical, emotional, and financial toll on the victims and their families can be overwhelming, which makes legal representation essential.
How Crane Accident Lawyers Can Help
Navigating a crane accident claim can be complicated. An experienced crane accident lawyer can guide you through the legal process and ensure that your rights are protected. Some key ways that a lawyer can help include:
Conducting Investigations
Crane accident lawyers work with safety experts, engineers, and forensic analysts to uncover the exact cause of the accident and identify liable parties.
Preserving Evidence
An attorney can help secure important documents, photographs, and videos that may be crucial for your case, ensuring that evidence is preserved before it’s lost or destroyed.
Navigating Legal Procedures
Lawyers handle the legal paperwork, meet deadlines, and ensure compliance with state and federal regulations to give you the best chance of a successful claim.
Negotiating Settlements
Most crane accident cases are settled out of court. A skilled attorney can negotiate a fair settlement on your behalf, ensuring that you receive the compensation you deserve.
Litigating in Court
If a fair settlement cannot be reached, your lawyer will take your case to trial, advocating aggressively for your best interests.
Maximizing Compensation
Crane accident lawyers will help you understand the full value of your claim, factoring in future medical expenses, lost wages, and pain and suffering.
Types of Compensation Available
Crane accident victims may be entitled to various types of compensation, depending on the severity of the injuries and the circumstances of the accident. Common types of compensation include:
- Medical Bills: Coverage for both current and future medical expenses.
- Lost Wages: Compensation for time lost from work and any future loss of earning capacity.
- Pain and Suffering: Non-economic damages for the physical and emotional pain resulting from the injury.
- Emotional Distress: Compensation for psychological trauma, including anxiety and depression, resulting from the accident.
- Disability or Disfigurement: Payments for permanent disability or significant scarring resulting from the accident.
- Rehabilitation Costs: Expenses for ongoing rehabilitation, therapy, and other forms of recovery.
- Funeral and Burial Expenses: In wrongful death cases, compensation for funeral and burial costs.
The amount of compensation will vary based on the severity of the injury, the degree of negligence, and the long-term effects of the injury on the victim’s life.
Statute of Limitations for Filing a Claim
In most states, there is a time limit for filing a personal injury lawsuit, known as the statute of limitations. In California, for example, victims typically have two years from the date of the accident to file a lawsuit. Workers’ compensation claims usually must be filed within one year.
If you miss the filing deadline, you may lose your right to compensation. It’s critical to consult with a crane accident lawyer as soon as possible to ensure your claim is filed within the appropriate time frame.
What to Do After a Crane Accident
If you are involved in a crane accident, taking the right steps can protect your health and strengthen your legal case:
- Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent. A prompt medical evaluation also helps create a record of your injuries.
- Report the Incident: Notify your supervisor or employer as required under workplace safety laws.
- Document Everything: Take photos of the accident scene, collect witness statements, and keep records of medical treatment.
Consult with a Lawyer: Contact a crane accident lawyer as soon as possible to begin building your case.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
