California Crane Accident Attorneys
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Our California Crane Accidents Attorneys Provide Legal Guidance When The Unexpected Happens
Crane work is one of the most important jobs in the United States, as it plays a huge role in creating the infrastructure that our society utilizes. Structures such as buildings, bridges, and roads are all things that help to make life easier for each community. Particularly in larger cities and states, such as California, construction zones are quite common, and crane work is in much higher demand. In areas where construction is more prevalent, there may be a higher risk of crane accidents, particularly in situations where safety concerns are overlooked or negligence is present.
In 2015, The Press-Enterprise reported that an operator was killed in Crestmore, California, in a fatal crane accident. This incident is just one of several examples of the many tragedies of yearly crane accidents. Often, these accidents include companies, levels of government, and even innocent pedestrians.
If you suffered an injury in a crane accident, contact the attorneys at Arash Law. The attorneys at Arash Law have decades of combined experience representing accident victims, and we want to help you, too. We can take care of the insurance company negotiations and guide you through the legal process.
For years, our lawyers, led by attorney Arash Khorsandi, Esq., have helped accident victims in pursuing compensation that may be available to them. The effects of suffering a crane accident can be daunting and extensive. The crane accident attorneys at Arash Law are dedicated to helping victims navigate the legal process.
Contact us today at (888) 488-1391 or via online chat to schedule a free, no-obligation case evaluation.
Crane Accident Statistics
It is estimated that there are 8 million people employed in construction in the U.S. as of 2023, according to the Bureau of Labor Statistics (BLS). The agency also stated that the industry is projected to grow to 4.7% of the workforce in the coming years.
The construction industry typically involves serious hazards. For example, using data from the Census of Fatal Occupational Injuries (CFOI), the BLS reported that there were 297 crane-related fatalities between 2011 and 2017. Among these incidents, 14 fatal accidents occurred in California.
With the possible severe injuries or fatalities, our California construction accident law firm is here to help victims and their families through the claims process. We can help you pursue compensation for your losses. Call our California accident lawyers at (888) 488-1391 for a free review of your case.
Common Causes Of Crane Accidents
Generally, crane accidents can occur when people in charge overlook proper safety measures. OSHA standards have been implemented to reduce and prevent injuries and accidents. It is important to note that the construction field is naturally a dangerous working environment, and various things can occur that can lead to an accident. Below is a list of common occurrences:
- Selecting the wrong crane type for the job.
- The crane was improperly constructed, causing it to collapse.
- Using cranes outside of the manufacturer’s specifications.
- Cranes coming into contact with power lines.
- Mistakenly dropped crane loads.
- The failure to comply with OSHA safety standards.
- Overloaded machines can cause equipment to overturn, particularly when the stabilizing outriggers are not properly implemented.
These issues may result from either inadequate training, improper maintenance, or the negligence of employees. If you suffered an injury because of accidents caused by any of the above actions, it may be helpful to contact a crane accident attorney to know your possible legal options.
Common Types Of Crane Accidents
Many factors contribute to crane accidents. Below is a list of the most common causes of crane accidents:
- Improper Assembly — The improper setup of a crane can lead to potentially fatal accidents. If a crane is not set up correctly, it is often due to the boom’s gratuitous extension beyond the manufacturer’s instructions. Also, it can be due to the improper use of blocking supports.
- Cranes Buckling and Collapsing — Most cranes have structures that support them, preventing them from moving while they are being used. Accidents such as buckling or collapsing can occur if they are set up on unstable ground or go beyond their weight limits.
- Mechanical Failure — This failure is typically just a result of the poor maintenance of the crane. When the moving components of the crane deteriorate, the crane can malfunction.
- Electrocution — Electrocution is often caused by an uninsulated part of the crane coming into contact with live electrical wires.
- Insufficient or Improper Training — Crane accidents occur simply due to improper training. Some crane operators may ignore OSHA safety standards, thereby ignoring surrounding safety hazards. Doing so poses a threat not only to themselves but also to their co-workers, bystanders, and other nearby structures. While onsite, all workers should be critically aware of the crane’s operational range and have safety protocols in case of an emergency.
Crane Accident Injuries
Every accident can cause a different injury. Below is a list of common injuries people can sustain from crane accidents:
- Head injuries
- Concussions
- Electrocutions and burns
- Lacerations and bruises
- Broken bones
- Compression and crushing injuries
- Catastrophic brain injuries and spinal cord injuries
- Fatal injuries
Suarez v. PLI Marketing Solutions (settled on 3/2/2022) – Settlement involving a forklift operator who fell off a loading dock crushing his left upper extremity when his brakes failed.– Tina Eshghieh
California Crane Regulations
The Occupational Safety and Health Administration (OSHA) has provided regulations for all constructors to follow during on-site work, including specific guidelines for cranes and derricks. These guidelines also include power lines, machinery certifications, and fall protection. Additionally, a construction company must obtain permits before starting work on a site. Under California law, a tower crane erection permit is required when using full tower cranes taller than 36 feet.
Any failure to comply with the guidelines and regulations provided by OSHA can lead to the contractor’s liability if an accident occurs. In such a case, an experienced crane accident attorney can help the victim investigate the accident and determine options for compensation.
Crane Safety Checklist
Several steps can be taken to help avoid crane accidents. Below is a list of crane safety guidelines:
- Identify danger zones and hazardous areas.
- Communicate all work operations to the staff.
- Ensure that rigging is done properly to prevent materials from falling.
- Before operating the crane, set up and test all communication channels.
- Do not overload the crane.
- Be sure to have qualified personnel inspect the crane.
- Certify and train signal persons and crane operators.
What To Do After A Crane Accident In California
What you do after an accident is crucial to protecting your physical well-being and legal rights. Consider the following after a crane accident:
- Immediately Seek Medical Attention — Following an accident, the most important thing to attend to is your safety. The construction site manager should contact the local emergency responders to prevent further injuries.
- Document the Accident — After receiving medical care, gather evidence from the accident. Evidence can include pictures of the damage, witness statements, witness contact information, and any medical treatment. Also, document all medical expenses, including paramedic bills, ambulance bills, and even insurance claims. These documents can all be used to help the validity of the victim’s case and help them recover the financial losses.
- File an Accident Report with the Employer or Site Manager — There is usually a 30-day window to file a report following an accident. Failing to file a report within this timeframe could jeopardize your right to pursue compensation, so it is crucial to act promptly. The report should be as detailed as possible, including all parties involved (a crucial component of the claim).
- Contact a Crane Accident Attorney — Experienced and dedicated crane accident attorneys can help victims navigate the legal process, helping them seek damages that may be available to them under California law.
Who Is Liable In A Crane Accident?
The central component in a crane accident case is establishing liability. Below is a list of the possible liable parties:
- The property owner or management company.
- The construction company.
- The crane operator.
- The crane manufacturer.
- The maintenance workers whose job is to inspect or repair the crane.
- The construction project’s engineer or architect.
It is important to note that while many crane accidents are due to human error, it does not necessarily mean that someone was negligent. In either case, the victim may still be able to pursue compensation. Under the legal concept of vicarious liability, construction companies may be responsible for their employees’ negligence. This may apply when:
- The employee is not experienced in operating heavy machinery.
- The employees have not been properly trained in crane safety or operation.
- The crane is operated improperly.
Each aspect can have its own unique set of circumstances. An experienced crane accident attorney can help to distinguish the circumstances of the victim’s case, providing legal guidance on how to proceed.
Personal Injury Lawsuits Vs. Workers’ Compensation
In a workers’ compensation claim, employees may pursue coverage for medical expenses and wages if their injuries occurred in the workplace. Workers can file these claims without proving a case against their employer. There are limited options a worker has when seeking compensation for non-economic losses, such as pain and suffering.
A personal lawsuit can help an injured worker seek losses related to the accident. For example, suppose a worker sustains an injury from a crane accident and later learns that the equipment was defective. In that case, they can take legal action against both the company and the equipment manufacturers.
If You Are Not A Construction Worker
If someone suffers an injury in a crane accident but is not a constructor, they may be able to pursue compensation. They may be able to hold the construction company or the crane operator liable through a personal injury lawsuit. In these cases, the victim has a two-year statute of limitations to file a lawsuit.
In case a loved one may have been killed in a crane accident, California law allows families to seek compensation for medical bills, funeral costs, and the pain and suffering they endure through a wrongful death suit. There is a two-year statute of limitations when filing this particular lawsuit.
How Much Is My Case Worth?
Every crane accident has unique circumstances, so there is no definitive answer to what each victim will receive. Generally, economic, non-economic, and punitive damages determine a victim’s compensation. Below is a list of the different types of losses.
Economic Damages
Economic damages are typically tangible losses that a victim suffers after an accident. Examples of economic damages include the following:
- Present and future medical costs include rehabilitative services, physical therapy, and medical equipment.
- Current and future lost income, which is the inability to return to the same type of work you did before the accident
Non-Economic Damages
- Pain and suffering, and the inconvenience of being involved in the accident.
- Loss of consortium, which is a legal claim for the victim’s spouse for the loss of the benefit of their spouse’s services and companionship.
Punitive Damages
Punitive damages are not used to repay the victim, but to discourage similar accidents in the future. Courts typically award punitive damages if the defendant’s actions are wildly outrageous.
Benefits Of A Crane Accident Attorney
If you are involved in a crane accident, working with a lawyer who has experience in handling cases like this can be beneficial. Below is a list of benefits hiring an attorney provides.
Crane Attorneys Have Experience
A crane accident attorney has experience handling the various facets of a crane accident case. Their experience handling the legal, insurance, and healthcare systems can help the victim pursue damages that may apply to their case.
Crane Attorneys Can Manage Some Of The Stress
The primary concern of a crane accident victim is to make a full and healthy recovery while handling the stress of the claims process. There can be a lot of anxiety involved in the healing process. An attorney can deal with the legal matters on your behalf, allowing you to focus on your health.
Crane Attorneys Assist Victims Assess Damages
A crane accident attorney can evaluate the value of a case by collecting essential documentation, including medical bills and related expenses. They may also work with medical professionals and economic experts to determine the potential long-term impact of the accident on the victim’s life and financial future.
Crane Attorneys Help You Receive Medical Treatment
Crane accident attorneys typically have a network of medical field contacts. Attorneys will not offer medical advice or recommendations, but their contacts do understand the mental, physical, and emotional effects that a victim bears. They can recommend physicians and therapists to aid the victim in recovering.
What To Bring On A Free Initial Case Consultation
When someone is involved in a crane accident, whether they did or did not suffer an injury, they can seek a free case consultation. This consultation will typically consist of reviewing the relevant documents, pictures, and statements to help start the individual in the right direction. Additionally, the consultee will have the opportunity to ask the attorney any questions about the case.
During the consultation, an attorney can discuss your potential legal options. For a more productive meeting, it would be helpful to have the following items on hand:
- Available Evidence — Before the consultation, the victim can gather pieces of evidence from the accident. This evidence should consist of liability and damages against all responsible parties.
This evidence may include:- Photographs of the scene of the accident.
- Statements from any witnesses.
- Medical records and billing statements.
- Invoices for injury-related expenses.
Keep in mind that attorneys may also be able to compile such evidence, particularly the ones that are harder to obtain.
- A Personal Injury Journal — To keep track of the events that transpire following the crane accident, it is beneficial for the victim to keep a personal journal of their injuries. Not only should they record their injuries, but they should also record the difficulties resulting from them. These difficulties can include being unable to perform basic tasks, hobbies, or just the pain they endure. Bringing this journal to the consultation can assist the lawyer in discussing the victim’s non-economic losses.
Important Rights Of Injured Workers
California has strong workers’ compensation laws that help employees be protected after an accident. There are a few laws that many workers may not be aware of. Below is a list of them:
- Temporary or part-time employees can still be eligible to receive workers’ compensation benefits.
- Independent contractors can still be eligible to receive workers’ compensation benefits.
- Undocumented workers can still be eligible to receive workers’ compensation benefits.
- Employers must pay for medical care if an employee suffers an injury while working. This requirement stands whether or not the employee requires time off from work.
- The employer has no legal right to punish or terminate the worker’s employment for requesting workers’ compensation benefits.
Consult With A California Crane Accident Attorney
The crane industry is an inherently dangerous line of work. As cities and states grow, construction sites increase the probability of crane accidents. California has several of the most populous cities in the United States, with many construction zones. Cities such as Los Angeles, San Francisco, San Diego, and Oakland are steadily growing, and as such, both constructors and bystanders need to be aware of what to do in the case of a crane accident.
A crane accident can be quite difficult. In addition to the property damage and bodily harm, there could be mental, emotional, and financial damage from which the victim must recover. Knowing the subsequent steps to take can be difficult, but there are experienced crane accident attorneys who can help people through this process. From investigating and engaging with the insurance company, the attorney can work to seek compensation that may be applicable to your case.
The attorneys at Arash Law, headed by Arash Khorsandi, Esq., have decades of combined experience in helping injured clients. When a victim suffers a loss from an accident, they need a legal team to help them with the claims process. Our team aims to provide the legal support our clients need. Contact us today at (888) 488-1391 or via online chat to schedule a free, no-obligation case evaluation.
