Can I Sue for a Construction Crane Accident?

Construction Accident

Across the nation, crane accidents injure and even kill numerous innocent people each year. Most of the time, these accidents are caused by cranes that are used negligently and carelessly due to a lack of appropriate supervision. They can even be caused by poor design of the crane or a failure of the manufacturer to give proper instructions for use or to warn of known hazards.

Lawsuits involving crane accidents can be complicated, involving multiple parties who may be at fault, as well as a potential for multiple witnesses.

However, you do have the right to sue for injuries after a crane accident, and a skilled construction accident attorney can help you seek justice in the court of civil law.

Common Causes of Crane Accidents

Sadly, the years 2011 to 2017 averaged 42 crane-related deaths per year, with nearly all of them being men, according to the Bureau of Labor Statistics (BLS). While each crane accident is unique in how it happened and what injuries were sustained, many have some of the same causes in common:

• Cranes lifting loads that exceed the rated capacity of the crane
• Worker miscommunication, such as the proper or designated hand signals not being utilized
• Failure to install and use appropriate equipment for a mobile crane
• Contact with electrical power lines
• Poor weather conditions
• Improper crane selection for the specific job
• Using the crane against manufacturer recommendations
• Negligent maintenance and inspection as per the manufacturer specifications

Before putting a crane into initial operation, it should be completely inspected and tested, and a record of all inspection and test results should be kept on the job site. These records need to include inspection dates, findings, and the actions taken to correct any problems that are found. If these records are not kept, that fact could be used in a lawsuit.

Comparative Fault

When proving negligence in a crane accident case, sometimes the legal concept of comparative fault applies. As detailed in Louisiana Laws Civil Code CC 2323, a plaintiff may be found partially responsible for their own injuries.

When a jury finds that a plaintiff contributed to their injuries, such as trespassing at the time of the accident, the plaintiff will be assigned a percentage of fault. This same percentage will then be deducted from the amount they were to be awarded for compensation.

Consult With an Attorney if You Wish to Sue for Crane Accident Injuries

Most crane accidents are serious and life-altering, and many victims may need a lifetime of medical care and face insurmountable medical bills. While a fair settlement or jury award will never make your life as it was prior to the accident, it can provide you with peace of mind going forward.

Kopfler & Hermann’s personal injury lawyers can assist you in recovering money to pay for your losses. Call our team for a free consultation.