Cranes are large and handy machines that bring about significant development to construction sites and in industries. However, with greater size comes more complexity, which carries substantial risk. When the unthinkable happens, a crane accident can turn a busy job site into a scene of devastation overnight. When these accidents occur, the results can be deadly and serious. Victims of crane accidents not only suffer physically and emotionally but also financially. Following a tragedy like this, the victims and their families can often sue to recover compensation and have someone held accountable.

Crane accident injury lawsuits cover several issues, including negligence, third-party liability, and safety regulations to prevent these accidents. Let us examine each issue in detail to help you better prepare when pursuing one.

Crane Operations and Common Causes of Accidents

Cranes can lift and move massive loads. You will see all sorts of cranes at a construction site. There are the:

  • Well-known lattice booms of crawler cranes
  • Tall tower cranes you find on city skylines
  • Versatile mobile cranes

All these cranes play different roles in today’s development. However, the power and scale that have made them vital have also resulted in significant hazards. Being far up in the air, often in unpredictable conditions, there is always a risk of a major accident that could injure someone.

Cranes can collapse, tip over, or drop their loads. These accidents can be devastating. Often, these incidents occur due to several reasons, namely:

  • Mechanical failure, which can occur due to inadequate maintenance or manufacturing defects in hydraulics, cables, or structural components
  • Human error, which includes operator inexperience or fatigue of the crane operators, misjudgment, or failure to adhere to the set safety protocols
  • Improper rigging of loads, for example, exceeding the weight capacity of the crane, or contact with electric power lines
  • Environmental occurrences like strong winds
  • Site-specific negligence, including a lack of planning, causes site-specific dangers

Due to the risks that cranes are associated with, regulatory bodies like the Occupational Safety and Health Administration (OSHA) set and enforce regulations on crane safety standards. According to OSHA, the operators of cranes must be trained, certified, and evaluated. Also, equipment must be inspected regularly and maintained.

Sadly, accidents often result from flouting these critical safety measures. Although specific numbers can vary, studies show crane-related accidents cause many serious injuries and deaths each year in the U.S. This shows how important it is to follow safety requirements and stay aware of overhead hazards carefully.

Common Injuries Sustained in Crane Accidents

Because of the enormous forces involved in crane work, accidents often cause serious and life-altering injuries. Many victims suffer:

  • Traumatic brain injuries (TBIs) could range from concussions to devastating injuries that permanently impair cognition and physical abilities.
  • Injuries to the spinal cord, which often leave people wholly or partially paralyzed and in need of a lifetime of medical treatment.
  • Multiple serious fractures and broken bones from falling, falling objects, or being caught between heavy components. Crush injuries occur when a body part is subjected to extreme pressure. The tissue, internal organs, and bones are extensively damaged in these cases. Amputation is a possibility in grave cases.
  • Electrocution, which is likely when cranes come into contact with power lines, leading to nerve damage, burn injuries, or death
  • Internal injuries, which are often hidden and may be critical, needing emergency surgery

In tragic circumstances, the victim could die. When a crane accident leads to someone’s death, it is usually a wrongful death case. This kind of accident can cause serious suffering for families and sometimes even cause financial losses.

These injuries have impacts that go beyond just the physical ones. It is not uncommon for victims to need extended hospitalization, multiple surgeries, rehabilitation, and ongoing treatment to recover and resume their daily activities. The cost can be debilitating, including your medical bills and lost wages, where you may experience a lower earning capacity.

Emotionally, the experience could result in chronic pain, mental distress, anxiety, depression, and PTSD. After a crane incident, it is imperative to seek medical attention promptly. There could be hidden or delayed symptoms. Seeing a doctor will allow for diagnosis and treatment. Mo, it will provide proof for any subsequent claims.

Determining Liability and Understanding Vicarious Liability in Crane Accidents

After a crane accident, it is important to determine liability to help the injured party secure compensation. Responsibility is often not just on one party but on several people or entities. Potentially liable parties can include:

  • The crane operator could be liable if his/her actions or negligence directly caused the accident.
  • The construction company that employs the operator
  • The owner of the crane if he/she has a legal duty to properly maintain the crane and ensure it is operating safely.
  • The manufacturer of the crane if a defect in design or manufacturing caused the failure
  • The construction or site owner and other on-site subcontractors, if their actions led to unsafe conditions or contributed to the incident

Negligence is at the heart of many lawsuits involving crane accidents. When a person or entity has not acted with reasonable care, which a regular, prudent person would have done in similar circumstances, and this led to your injuries as the victim or the death of a loved one, their actions amount to negligence. In the context of crane operations, this could involve:

  • The crane operator failing to follow safety protocols
  • The crane company not properly training their employees or maintaining their equipment
  • A manufacturer producing a faulty product

To establish negligence, you must show that there was:

  • A duty of care owed by the defendant to you, the plaintiff, or the deceased
  • A breach of that duty by an act or omission by the defendant
  • The breach of duty must be a cause of your injuries, damage, or the victim’s death

An issue that adds a layer of complexity is the principle of vicarious liability, frequently invoked through the doctrine of Respondeat Superior, Latin for “let the master answer.” This legal concept holds an employer responsible for the negligent acts of his/her employee committed during their employment.

For instance, a construction company could be liable for the actions of a crane operator who negligently operates a crane while at work. If the crane operator’s negligent actions result in an accident causing damage or injury, the company is vicariously liable, even though they did not cause the accident directly. This doctrine is vital for victims, as it primarily provides the opportunity to secure compensation from a party with deeper pockets than an employee.

Since crane accidents are often complicated and can have multiple at-fault parties, there is a need to have an investigation done that is as thorough and independent as possible. This can ensure that all the many factors and parties involved are identified. This can also help the victims of the accidents hold the right people accountable and secure the maximum compensation for their injuries.

Which Option Should I Choose Between Workers’ Compensation and Third-Party Lawsuits?

If you are injured in a crane accident while working, the legal route you would most likely have to take is workers’ compensation. Injured workers can secure benefits for their injuries regardless of fault in a no-fault insurance system. Workers' compensation in California pays for:

  • Medical treatment you needed to treat the injury
  • Temporary disability benefits, partially replacing lost wages while you recover
  • Permanent disability benefits if you have a lasting impairment

In cases of fatalities, they provide death benefits to dependents and vocational rehabilitation services. Workers’ compensation does have drawbacks. The employee cannot sue their direct employer for negligence or recover compensation for pain, suffering, or emotional distress. Furthermore, they cannot receive compensation for any other non-economic damages.

Although workers’ compensation is essential, it does not cover the substantial losses from a serious crane accident. If you are injured in an accident, you can file a lawsuit against a third party. A third-party lawsuit is filed against someone other than the employee’s direct employer, whose negligence caused the accident. The third parties include

  • The manufacturer of a faulty crane or component
  • A contractor or subcontractor on the site whose actions gave rise to a hazard
  • The owner of the property, if an unsafe condition was a contributing factor
  • A maintenance company, if a lack of upkeep of equipment was to blame

If your third-party claim is successful, you can recover more than what workers’ compensation provides. This includes damages for pain and suffering, mental distress, and other non-economic damages.

It is worth mentioning that bystanders or visitors close to a construction site hurt due to a crane accident are not entitled to workers' compensation. Victims can file a personal injury lawsuit against the negligent parties behind the accident to recover damages.

Whether you seek a workers’ compensation claim or a third-party lawsuit, you should understand the statute of limitations and the legal deadline to file a claim. In California, you usually have two years from the date of injury to file a personal injury claim. If you fail to file on time, you could lose the right to pursue compensation.

If you have suffered a work injury in California, you have 30 days to report it to your employer and one year to file a workers’ compensation claim.

What Damages Can Be Recovered in a Crane Accident Lawsuit?

People who have been hurt in crane accidents and filed a lawsuit could be eligible for various damages. These damages are meant to compensate them for their losses. These damages fall into three categories: economic, non-economic, and punitive.

Economic Damages

Economic damages are damages stemming from injury that can be quantified monetarily. This encompasses bills for emergency care, hospitalization, surgeries, visits to the doctor, medications, medical equipment, and current therapy or rehabilitation.

Another significant economic damage is lost income. This can include the wages you missed when you took time off for recovery. If the injuries cause the victim to suffer from long-term or permanent disability that affects the victim’s capacity to earn, the victim may also recover damages for future loss of earning capacity.

You could also include property damages in the economic damages due to the accident.

Non-Economic Damages

Non-economic damages aim to compensate for the accident and injury’s “intangible” effects. They are subjective and can include:

  • Physical and emotional worthlessness for pain suffered during and after the accident
  • Emotional pain, like anxiety, depression or trauma, which are deemed as injuries
  • Loss of consortium, which a spouse of the victim may claim for being deprived of companionship and support
  • Loss of enjoyment, which will compensate you for being unable to engage in hobbies and other activities in life. Disfigurement and scarring, which will compensate you for your inability to carry on with life activities.

Punitive Damages

Punitive damages could be available in instances where the behavior of the liable party was particularly egregious, implying gross negligence or reckless behavior. In contrast to economic and non-economic damages, which seek to compensate a victim for their loss, punitive damages seek to punish an offender for doing an egregious act and to deter others from doing the same evil act in the future.

How much is recovered in a crane accident lawsuit depends on many factors. There is no fixed amount. The settlement claim will depend on:

  • How severe and permanent the injuries are
  • The total amount of medical expenses and lost wages
  • The strength and credibility of the evidence establishing liability
  • The number of liable parties and their insurance coverage
  • The particular circumstances of the accident

What to Expect from the Legal Process and the Steps to Take After a Crane Accident

The immediate aftermath of a crane accident can be chaotic and frightening. However, taking specific actions immediately is crucial for you and any relevant legal claims. Taking the following steps will help you in this:

  • Seek immediate medical attention — Get checked out by a doctor immediately, even if you do not have any serious injuries, if injuries look minor, or if you are unaware of your injuries. Severe injuries like internal bleeding and traumatic brain injuries may not show any symptoms. However, these injuries require diagnosis and treatment as soon as possible to avoid complications. Seeking medical attention will create important medical records that document your injuries and connect them to the accident. These can be vital for any future injury claims.
  • Report the accident — Inform your employer, site supervisor, or the proper authority of the accident as soon as possible. Go through established procedures for reporting work incidents. When you report the incident immediately, a record of that event is created. Moreover, you may be required to obtain a report to pursue workers’ compensation or other claims that may arise.
  • Document everything — If your physical condition allows, document the scene with plenty of photographs and video footage from every angle possible. Take photos of the damaged crane or equipment, the conditions that caused the accident, and any visible injuries. Collect witnesses' names, numbers, and email addresses because their testimony will be important in this case.
  • Preserve evidence — Do not disturb or move any equipment or materials that were part of the accident as long as it is safe for them to remain in place for law enforcement or safety investigators to conduct their investigations. If possible and safe, prevent people from altering the incident scene until the police arrive.
  • Avoid speaking with insurance adjusters or signing documents without counsel — Do not give recorded statements to the insurance adjusters from the at-fault party’s insurance company or sign any documents they give you without consulting an attorney. Insurance adjusters could attempt to extract information that can be employed to reduce your claim.

After ensuring you are safe and receive medical care, your journey through the legal process usually begins by visiting a personal injury attorney familiar with crane accidents for an initial consultation. Your lawyer will then conduct a full-scale investigation into the accident to determine the cause and collect evidence, reports, and liable parties. The investigation is key in establishing a criminal violation.

After the investigation, your lawyer will file all claims or lawsuits against the responsible parties. The legal process then enters the discovery stage, which occurs after the filing of the complaint. This is the stage where both parties exchange certain information and evidence and participate through depositions, interrogatories, and requests for documents.

Expert witnesses often have a significant impact on the process. Accident reconstruction specialists determine how and why an incident occurred and who is at fault through precise analysis. Medical professionals are needed to evaluate your injuries and long-term implications, develop a course of medical treatment, and assess future medical costs. Moreover, engineers or crane safety experts could be required to provide their opinions on equipment failure, site conditions, or regulated safety. The aim of this process is usually to settle through negotiation or mediation.

If the two parties cannot agree on a fair settlement, a lawsuit may proceed to trial, during which the presentation of evidence will occur before a judge or jury.

Find a San Diego Personal Injury Attorney Near Me

Crane accidents cause devastation, injury, and hardship for victims and their loved ones. Although you may have to live with the emotional and physical scars for the rest of your life, the law allows you to hold the responsible party accountable. You can secure the financial resources you need for recovery and future care. Pursuing workers’ compensation claims, ascertaining at-fault third parties, and filing a personal injury lawsuit necessitate a thorough understanding of construction law and personal injury cases.

First things first, know your rights and options. Contact the San Diego Personal Injury Law Firm today at 619-478-4059 for expert guidance and dedicated advocacy.