Introduction
Construction zones are busy, complicated work sites with many moving parts that require coordination and safety precautions. Unfortunately, accidents can and are bound to happen on construction projects from time to time, sometimes with devastating results. One type of accident known to cause serious injuries or even loss of life is a crane accident. Cranes are indispensable machines for lifting and moving heavy objects, but they also present risks that require careful management. If negligence leads to a crane accident, injured victims may have valid legal claims and should consult with an experienced crane accident lawyer.
Understanding Cranes and Their Uses in Construction
Before delving into crane accidents, it’s important to have a basic grasp of cranes themselves and how they are typically used on construction sites. Cranes come in various models designed for different tasks and load capacities. The three main types are:
Mobile Cranes – These cranes have wheels, tracks, or crawlers that allow them to be transported between job sites. Mobile cranes include truck-mounted boom cranes, all-terrain cranes, rough-terrain cranes, and crawler cranes. They are useful for lifting and placing heavy objects.
Tower Cranes – Also called static cranes, tower cranes have a horizontal boom mounted on top of a stationary vertical tower. Tower cranes installed on construction sites provide lifting capabilities for the duration of a project without needing to be relocated.
Knuckle-Boom Cranes – Similar to truck-mounted mobile cranes but with shorter booms, knuckle-boom cranes can access tight spaces with their ability to swing their load. They are well-suited for tasks like lifting equipment or materials onto rooftops.
On construction projects, cranes perform crucial duties such as hoisting steel beams, pre-cast concrete panels, machinery, pre-fabricated sections of buildings, and other bulky or heavy payloads into place. Proper crane use requires operators to understand load charts specifying safe working loads at different radii. They must also set up the crane safely based on factors like ground conditions, overhead power lines, and wind conditions. Cranes create an elevated work zone above the ground, so safety is paramount whenever crane operations are taking place.
Common Causes of Crane Accidents
Given their size and the heavy loads they handle high above the ground, cranes have the potential for catastrophic accidents if not properly maintained and operated. Some common causes of crane failures that can lead to accidents include:
Overloading –
Exceeding a crane’s rated capacity for its configuration is a major no-no that can cause components to buckle or break under too much stress. Load charts must be strictly followed.
Component Failure –
Wear and tear on crane parts like booms, ropes, sheaves, brakes, and gears can result in unexpected breakdowns. Proper inspection and scheduled maintenance is important to catch issues before there is a failure.
Operator Error –
Mistakes by crane operators such as improper boom placement, improper rigging of the load, or getting too close to power lines are a leading cause of accidents. Operators must have the proper certification and continuous training.
Unsafe Ground Conditions –
Cranes must be set up on level, stable ground able to support the weight. Uneven or muddy surfaces risk tipping the crane over. Ground soil testing is critical before cranes are deployed.
Environmental Factors –
High winds or unstable weather conditions like heavy rain can apply unintended forces to the crane and suspended load. Operations may need to cease during storms or strong gusts.
Lack of Proper Planning –
Failure to perform a lifting plan and job hazard analysis for complex or risky lifts leaves room for oversight and potential mistakes. Proactive planning saves lives.
Negligent Equipment Inspections –
If scheduled maintenance, daily inspections, and annual crane certifications are not performed properly, defects may never be addressed in time.
When any of these issues are present due to negligence or oversight, the probability of an accident escalates dramatically. Victims of such preventable crane failures may have grounds for a personal injury lawsuit.
Potential Parties Liable After a Crane Accident
If negligence leads to a crane accident causing injuries or wrongful death, various entities could potentially be held responsible through a personal injury claim or lawsuit. The key parties to consider include:
Crane Owner
The owner of a crane has a duty to ensure their equipment is properly maintained and repaired. Failure to adhere to a scheduled inspection and preventative maintenance program opens them up to liability claims.
General Contractor
As the overall manager of a construction site, general contractors are responsible for workplace safety, appropriate planning of heavy lifts, compliance with regulations, and qualifications of all subcontractors.
Crane Operator’s Employer
The company that employs crane operators has a responsibility to ensure their staff are properly trained and certified. Operator error from lack of proficiency is a negligence issue.
Equipment Rental Company
Rented cranes must be thoroughly inspected for defects before delivery, and repairs made promptly if issues do arise. Rental providers share some safety duties.
City/Municipality
If lax oversight leads to non-compliance with building codes or permits related to crane setup/use, a public entity could potentially be at fault.
Engineering Firm
Design flaws or failure of engineered lifts also present potential engineering negligence claims against the responsible firms.
Establishing liability requires investigating the accident thoroughly. An experienced construction accident attorney can help determine which parties may be legally responsible for damages through their negligence.
personal Injury Claims Process After a Crane Accident
For victims injured in a crane accident, seeking just compensation requires navigating the complex legal system. Here are the typical steps in pursuing an injury claim:
- Medical Treatment – The immediate priority after any serious accident is stabilizing injuries and receiving appropriate emergency and ongoing medical care from providers.
- Gather Evidence – Photos of the accident scene, witness statements, inspection reports, certification records, and any other evidentiary materials help build a stronger case.
- Hire an Attorney – The insurance companies for potentially liable parties will have attorneys fighting for their clients. Victims need their own advocates experienced in these complex cases.
- Investigate Liability – Through depositions and written discovery requests, the defense and facts of the case are examined to determine fault andresponsible parties.
- Demand Compensation – With liability established and full picture of harms, the attorney will send formal demand letters to start settlement negotiations seeking fair value for losses.
- Mediation/Arbitration – If parties cannot agree on damages value, alternative dispute resolution methods keep the issue out of the courtroom.
- File a Lawsuit – As a last resort, lawsuits are filed in court to have a jury determine appropriate monetary remedies if pre-trial resolution efforts fail.
- Settlement or Trial – Claims either settle before proceeding to trial or a ruling is made by a judge or jury after the presentation of evidence in court.
- Closure– A resolution, whether negotiated settlement or court victory, allows victims to gain closure and move forward financially and emotionally after their ordeal.
Navigating this process can often take over a year. Good legal counsel ensures a thoughtful strategy to achieve the best possible outcome for their injured client.
types of Damages Available for Crane Accident Victims
When negligence results in injuries, a qualified personal injury attorney works diligently to recover full and fair monetary damages to compensate clients for all losses caused by the accident. The primary damages that may apply in crane accident cases include:
Medical Expenses – All past and future costs for doctor’s visits, surgeries, hospitalizations, prescriptions, therapy, rehabilitation, and other medical treatments needed.
Lost Wages – Compensation for income lost due to missed work while recovering. This includes lost earning capacity due to permanent disabilities affecting career.
Pain and Suffering – No financial figure can truly cover enduring physical and emotional pain, but the law allows general damages for these intangible harms.
Loss of Enjoyment of Life – For severe, lifetime injuries significantly impacting one’s quality of life and hobbies, additional damages may apply.
Scarring/Disfigurement – Visible scars or disfigurements from construction site injuries deserve compensation for the humiliation caused.
Consortium Losses – Spouses can recover damages for the harm caused to marital relations and dynamics when a partner is injured.
Wrongful Death – In fatal crane accidents, surviving family members may sue for financial losses and loss of love/companionship.
Punitive Damages – For incidents of gross negligence or willful misconduct, punitive damages may be awarded in addition to compensatory damages. Punitive damages aim to punish the defendant rather than compensate the victim. They send a message to deter extremely reckless behavior that disregards safety. To receive punitive damages, the plaintiff must prove by clear and convincing evidence that the defendant’s actions demonstrated a callous disregard for human safety. The amount of punitive damages is usually determined based on factors like the defendant’s financial position and the nature of their misconduct. While rare in crane accident cases, punitive damages provide an important legal tool when the defendant’s negligence was truly egregious.
Hiring an Experienced Crane Accident Attorney
For victims confronting the complex legal process after suffering injuries in a construction crane failure, retaining the assistance of a knowledgeable personal injury lawyer makes an enormous difference in achieving the best possible outcome. There are several key reasons why hiring an attorney with specific expertise in crane accident litigation is advisable.
Specialized Knowledge – Crane accident cases involve complex engineering and safety compliance issues. An attorney well-versed in crane regulations, inspection standards, and operator certifications understands the intricacies better than a general practitioner.
Investigative Resources – A law firm has greater ability to thoroughly investigate an accident scene, coordinate with experts, depose witnesses, and obtain crucial documentation through formal discovery procedures.
Insurance Company Expertise – Personal injury attorneys are familiar with insurance company tactics and leverage settlement negotiation experience to get fair value for clients’ claims.
Navigating Bureaucracy – Guiding injury victims through the medical treatment system, benefits applications, and litigation process from start to finish provides needed support.
Maximizing Compensation – Strong knowledge of valuing different types of damages like pain/suffering, loss of earning potential, wrongful death cases, etc., leads to optimal recovery.
While other lawyers may handle personal injury matters, choosing a practice concentration solely on crane accident cases ensures representation by advisors dedicated to understanding these complex situations inside and out. A selective vetting process identifies the most qualified advocates for each unique situation.