Award-Winning Texas Crane Accident Lawyers
If you or a loved one has been seriously injured in in a crane accident, contact our dedicated Texas crane injury lawyers at Morrow & Sheppard LLP for a free, confidential consultation.
Common Causes of Crane Accidents
Negligence often takes center stage in crane accidents and injuries. It could be due to poorly maintained equipment or lackadaisical attitudes towards safety regulations.
In many cases, negligence stems from old-school trading posts that cut corners on safety measures for profit margins. This attitude can have catastrophic consequences, including:
- Collapses and Tipping Over: If the crane is not properly balanced or is carrying a load beyond its capacity, it can tip over or collapse. If the crane topples over or crumbles, it’s not just about the devastating wreckage; people nearby could also get seriously hurt, or worse – lose their lives.
- Falling Loads: Improperly secured loads can fall from the crane, posing a serious risk to anyone beneath or near the crane. Improper load securing poses serious safety hazards.
- Electrical Hazards: Cranes operating near power lines might accidentally come into contact with them if safety protocols are not followed. Safety around power lines is crucial. Contact can risk shocks or fires.
- Mechanical Failures: Skipping regular maintenance or ignoring warning signs of mechanical issues can lead to sudden and catastrophic equipment failures, endangering the operator and others in the area.
- Crushing Injuries: Individuals working near a crane are at risk of being crushed if the crane moves unexpectedly or drops its load.
- Falls from Heights: Crane operators are at risk of falling from the crane cabin if safety measures, like harnesses and guardrails, are not properly utilized.
- Weather-Related Accidents: Operating a crane in unsafe weather conditions, like high winds or lightning, without proper precautions can lead to accidents.
OSHA’s guidelines emphasize proper maintenance and adherence to strict operating procedures. Yet these guidelines are often ignored by those wanting quick results without investing time into understanding their importance.
Training Deficiencies Leading to Accidents
Apart from negligence, inadequate training plays an equally important role in crane accidents. The absence of proper training makes operators prone to making errors which might lead them onto small business spotlights rather than helping ensure workplace safety.
For example, an operator who doesn’t know how crucial maintaining the right angle while lifting heavy loads can cause disastrous mishaps due an imbalance caused during operation – akin perhaps only being familiar with one side of your own face.
Critical Statistics About Crane Accidents
The period from 2011 to 2017 saw a significant number of crane-related fatalities, as reported by the U.S. Bureau of Labor Statistics. During this seven-year span, there were 297 reported deaths, averaging about 42 fatalities annually. Diving deeper, it’s clear that men were the main victims of these tragic events, accounting for 293 out of the total 297 deaths. In terms of demographic distribution, White, non-Hispanic workers constituted 72% of these fatalities, while Hispanic and Latino workers accounted for 15%.
Crane Accident Statistics, By Cause of Injury
A substantial proportion of these fatalities, over half, were due to workers being struck by objects or equipment. Specifically, about 59% of these incidents involved falling objects or equipment, with a significant number of these cases (79 out of 91) being attributed to objects that either fell from or were set in motion by a crane. Other notable causes of fatalities included transportation incidents and falls to a lower level, accounting for approximately 13% and 14% of the deaths, respectively.
Crane Accident Statistics, By Industry
The data indicates that the private construction industry was particularly affected, with 43% of the crane-related fatalities occurring in this sector. Within this industry, specialty trade contractors and those involved in heavy and civil engineering construction faced the most significant risks. The manufacturing industry also had a considerable share, with 24% of crane-related deaths.
Occupational, transportation and material moving workers were heavily impacted, representing a third of all crane-related worker deaths. Over half of these were crane operators. Construction and extraction occupations also experienced a high rate of fatalities, accounting for 31% of the total.
Crane Accident Statistics, By Workers Job
In terms of activity at the time of the incident, 22% of the fatalities occurred while the worker was operating the crane. Another 23% were involved in construction, assembly, or dismantling tasks. In terms of location, 27% of the fatal injuries occurred at construction sites (excluding road construction), with factories or plants accounting for 24%, road construction sites for 8%, and dockyards for 6%.
The breakdown of crane accident fatalities by cause includes:
- Contact with object or equipment: 62%
- Falls: 20%
- Transportation incidents: 10%
- Contact with electrical current: 8%
The spotlight on these issues is critical because understanding why and how crane accidents happen helps create a safer working environment. Investing in quality training doesn’t just help prevent accidents and dodge pricey lawsuits, but it also shields your business’s good name.
Legal Aspects Surrounding Crane Accidents
Crane accidents in construction can lead to severe damage and even loss of life, often due to negligence or insufficient training. Despite OSHA’s guidelines, safety shortcuts are common and dangerous. Most crane-related incidents result from human error like power line contact or overturns. Grasping the reasons behind these accidents lets us build safer job sites, needing just a bit of cash and time spent on regular upkeep and training crane operators.
In Texas, the legal side of crane mishaps is a mix of issues – from figuring out who’s to blame, to handling liability questions and navigating through workers’ comp laws.
Negligence often emerges as the central player in crane accident lawsuits. This can include negligence on the part of crane manufacturers, who may be responsible for producing equipment with design flaws or substandard materials. Negligence can also arise from failure to properly maintain the equipment, improper assembly or disassembly of cranes, or not adhering to safety standards set by OSHA, such as maintaining clearances from power lines. Electrocution accidents are a major concern in crane operations, particularly when cranes come into contact with overhead power lines. Depending on the specific details of the mishap and how closely safety rules were followed, blame for these crane accidents can land anywhere from the operator to the boss, or even fall onto general contractors and owners of properties.
In terms of liability, Texas law allows for shared liability in crane accident cases. So, what this boils down to is that various businesses and their workers might all shoulder some blame when things go wrong. For example, the manufacturer of a crane, the employer, and even the crane operator could potentially be held liable, depending on the specifics of the accident. This shared blame plays a vital role in making sure hurt workers and their loved ones get justice and payback for the harm they’ve suffered.
The worker’s comp rules in Texas are pretty distinct. Generally, if your employer provides you with workers’ compensation insurance (and their negligence did not result in death), your recovery is limited to the payment of your medical expenses until you reach maximum medical improvement and a portion of your wages as you recover from your injuries. However, some employers in Texas opt out of the state’s workers’ compensation system, becoming “non-subscriber” employers. In such cases, if an employer is found to be even 1% negligent in a crane accident, they can be held fully responsible for compensating the injured worker. This aspect is particularly significant as employer negligence often plays a part in crane accidents.
The Process of Filing a Claim
The process of filing a crane injury claim can be complex, and victims and their families may benefit from having a qualified and experienced crane accident lawyer by their side to guide them through the process. The following are the key steps involved in filing a claim:
- Gathering evidence: The first step in filing a claim is to gather evidence to support the victim’s case. This may include photographs of the accident scene, eyewitness statements, medical records, and other relevant documents.
- Filing a report: The victim or their family should report the accident to their employer as soon as possible. This will trigger the insurance claim process and start the process of filing a claim.
- Notifying insurance companies: The next step is to notify the insurance company that the victim intends to file a claim for compensation. The insurance company will then initiate an investigation into the accident.
- Negotiating with insurance companies: The crane accident lawyer will negotiate with insurance companies on behalf of the victim to ensure that they receive fair compensation for their losses. This may involve negotiations over the amount of compensation, the type of compensation, and the timeline for payment.
- Filing a lawsuit: If negotiations with the insurance company are unsuccessful, the victim may need to file a lawsuit to seek compensation for their losses. The crane accident lawyer will represent the victim in court, making arguments and presenting evidence on their behalf.
It’s important to keep in mind that the process of filing a claim can be time-consuming and complex, and that victims and their families may benefit from having an experienced crane injury attorney to guide them through the process. The personal injury lawyer will work tirelessly to ensure that the client receives the compensation they deserve and that those responsible for the accident are held accountable for their actions.
How a Crane Injury Attorney Can Help in Case of an Accident
Before the injured worker gets medical attention, they must report what happened to their supervisor. If there are any witnesses to the incident, they should also be interviewed by an crane accident investigation team. A complete investigation will help determine liability for injuries sustained in a crane accident. An crane injury attorney can investigate the circumstances of an accident and hold those responsible accountable for their actions. This includes:
- Talking to witnesses and reviewing any records that may be relevant to the incident
- Performing a physical inspection of the area where the accident took place
- Reviewing any incident reports and photographs of the scene. They may also review its maintenance records if the incident involved a vehicle.
- Reviewing any medical reports and statements the injured party provides
- Reviewing any safety policies and procedures related to the incident. They may also review training records for those involved in the incident, including supervisors and workers on duty that day.
The complexity of crane operations and the potential for accidents mean that legal cases related to crane accidents in Texas can be quite intricate. These cases get pretty messy with lots of people involved and need a deep dive into everything, from how the crane was built to where it was used, who was driving it, and if it had been kept up properly.
Considering the knotty details and serious outcomes of crane-related accidents, it’s key for those tangled up to secure guidance from a well-versed law firm who can skillfully guide them through these hurdles.
Contact the Crane Accident Lawyers at Morrow & Sheppard for Expert Legal Assistance
Navigating the aftermath of a crane accident, whether it involves injury or, tragically, a fatality, can be an overwhelming and complex process. The attorneys at Morrow & Sheppard understand the issues in crane accident cases and possess rich knowledge and broad experience. When you choose Morrow & Sheppard, you’re not just getting a legal representative; you’re gaining a dedicated advocate who will tirelessly work to understand every aspect of your case. Our dedication to giving you the spotlight makes sure that your narrative is acknowledged and your privileges are safeguarded.
Our experience handling these difficult cases provides assurance we will fight for the best outcome.
In tough times like these, having a solid legal ally who’s got both the experience and know-how can be a real game-changer when you’re trying to secure justice and claim compensation.
If you or a loved one has been affected by a crane accident, contact Morrow & Sheppard for a consultation to explore your options and ensure that your rights are fiercely defended. We understand the urgency and sensitivity of crane accident cases. So, no matter when you find yourself in a bind, our devoted crew is ready and waiting to give you the help and advice necessary – we’re here for you every hour of the day. Feel free to drop us a call whenever, and we’ll be all set to lend a hand with your legal challenges.
Need help right away or want to set up a chat? Feel free to call us at (866) 428-0025. If you prefer going digital or want to contact us at your leisure, just use our online form right here: Contact Us. Whenever you find yourself in need, remember that we’re just a call away, ready to lend our expert help.