California Heavy Machinery Accident Attorneys
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California Attorneys For Heavy-Machinery Accidents Who Are Ready To Listen
Heavy machinery refers to any type of equipment or machine that requires special training for people operating it. Usually, this type of machinery weighs 5,000 pounds or more and is capable of exerting ground pressure in excess of eight pounds per square inch. Heavy machinery is most common in the construction industry. If you suffer injuries in accidents involving heavy machinery and want to know if you have a valid claim, call us at (888) 488-1391. Our California heavy machinery accident attorneys can help you understand the process involved.
The Occupational Safety and Health Administration (OSHA) reports that 75 percent of struck-by fatalities (accidents involving objects forcibly impacting people) involve heavy equipment such as trucks or cranes. Heavy and civil engineering construction is consistently one of the most hazardous industries. As of December 2024, the United States Bureau of Labor Statistics (BLS) reports that there were 170 fatal occupational injuries involving the said industry.
“Fatal Four” Heavy Construction Accidents
Attorneys who handle heavy machinery accident cases know about the dangers the construction industry poses to workers. Construction work is one of the most dangerous occupations out there. OSHA states that the top four causes of construction fatalities are:
- Falls — OSHA recommends that workers wear and use personal fall arrest equipment, install and maintain perimeter protection, cover and secure floor openings, and label floor opening covers. Workers should also make sure to use ladders and scaffolds safely. The Centers for Disease Control and Prevention (CDC) reports that falls were the leading cause of work-related deaths in construction and accounted for over one in three (36.4 percent) fatalities in the industry. Based on the BLS data cited by OSHA, 421 out of 1,075 preventable construction fatalities resulted from falls to a lower level in 2023.
- Struck-by — According to the Center to Protect Workers’ Rights (CPWR, now known as the Center for Construction Research and Training) data bulletin, the number of struck-by fatalities increased by 7.6 percent over the course of a decade, and 52.9 percent of struck-by fatalities involved objects or equipment, most commonly falling materials. Although the number of struck-by fatalities involving objects or equipment decreased, the number of struck-by fatalities involving transport vehicles increased by 21.2 percent.
- Caught-in or between — CPWR also reported that caught-in or between incidents involving collapsing materials increased 31.4 percent over the course of one year. Caught-in or between incidents may involve people or part of their bodies being caught in or compressed by equipment or objects, or becoming caught in or crushed by collapsing materials. The accidents involve people being caught in or compressed by equipment or objects, caught or crushed in running equipment, people being caught in or compressed by other equipment or objects, or people being struck, caught, or crushed in a collapsing structure, equipment, or materials.
- Electrocutions — A report from the National Fire Protection Association (NFPA) found that 77 percent of 325 contract worker electrocutions involved workers employed in the construction industry. The CDC states that the risk of electrocution was highest for power-line installers, which was approximately 40 times that of all construction occupations on average. Elevated rates of electrocution also include roofers, HVAC mechanics, and laborers.
Types Of Heavy Machinery
The term heavy machinery is broad and can encompass many different kinds of equipment used on construction sites. Some of the most common types of heavy machinery include:
- Articulated trucks and haulers
- Asphalt pavers
- Augers
- Backhoe loaders
- Bale spears
- Boom lifts
- Bulldozers
- Clamshell buckets
- Cold planers
- Compactors
- Compact track and multi-terrain loaders
- Draglines
- Drills
- Drum rollers
- Dump trucks
- Electric rope shovels
- Excavators
- Feller bunchers
- Forklifts
- Graders
- Grapples
- Hydraulic mining shovels and equipment
- Hydromatic tools
- Landscape tillers
- Loaders
- Material handlers
- Mining tractors
- Motor graders
- Off-highway trucks
- Pavers
- Pile-boring machines
- Pile-driving machines
- Pipelayers
- Roadheaders
- Scissor lifts
- Scrapers
- Skid steer loaders
- Telehandlers
- Towable light towers
- Tower cranes
- Track loaders
- Track-type tractors
- Trenchers
- Tunnel boring machines
- Underground mining loaders
- Utility vehicles
- Wheel excavators
- Wheel loaders
- Wheel tractor-scrapers
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
Heavy Machinery Defects
Many construction industry injuries involving heavy machinery stem from people misusing equipment. There are also a significant number of cases in which workers were properly operating equipment, but the machines may have malfunctioned because of something wrong with them. In such cases, a victim may have a product liability claim against the manufacturer.
Product liability actions are usually based on one of the three theories:
- A manufacturing defect involves something being wrong with a specific type of equipment because of an error in the creation of the equipment. Such cases, which are isolated, are usually limited only to the one object that was in use.
- A design defect is something that was wrong with the fundamental design of equipment. In such cases, all of the equipment that was manufactured can be similarly dangerous, and the effects are much more serious than manufacturing defects.
- A marketing defect relates to a manufacturer’s failure to warn a user about the possible dangers of using the equipment. A manufacturer could be liable if it did not warn somebody about the dangers of using objects as they were intended.
Our injury lawyers know how to help you file a proper product defect claim in addition to your workers’ compensation action.
Possible Damages For Heavy Machinery Accidents
People who file lawsuits in connection with their heavy machinery accidents may be eligible to recover awards known as damages. Hiring a lawyer for your heavy machinery accident claim may be beneficial in seeking compensation, particularly when companies, manufacturers, and workers’ compensation are involved.
Some cases that go to trial result in awards of compensatory damages, which usually include economic damages and non-economic damages. Economic damages are tangible losses, which can generally be proven with documentation like receipts, bills, pay stubs, invoices, or expert testimony. Meanwhile, non-economic damages relate to losses without a direct monetary value.
Economic damages may include:
- Lost wages
- Medical bills
- Rehabilitation expenses
- Property damage
- Physical therapy costs
Non-economic damages can include:
- Disfigurement
- Pain and suffering
- Emotional distress
- Mental anguish
- Physical limitations
- Loss of enjoyment of life
Punitive damages are also possible in certain cases, but are rarer. A punitive damage award in California is limited to cases involving oppression, fraud, or malice.
Heavy Machinery Accident Injuries
Heavy equipment accidents can cause a wide range of possible injuries for victims. Certain injuries can have a lifelong impact on people and may necessitate extreme cases of care, in which victims will require personal assistance in numerous everyday activities.
Some of the most common kinds of injuries connected to heavy equipment include:
- Traumatic brain injuries (TBIs)
- Concussions
- Closed head injuries
- Spinal cord injuries
- Paralysis
- Crush injuries
- Internal organ injuries
- Permanent nerve injuries
- Severe burn injuries
- Amputations
- Fractures or broken bones
- Neck injuries
- Back injuries
- Knee injuries
- Leg injuries
- Arm injuries
- Skull fractures
- Heart damage
The most serious injuries can also cause death. Under California law, the family of a deceased individual may have the right to file a wrongful death lawsuit. An attorney can provide guidance on the legal process and help explain how damages, including economic and non-economic losses, may be assessed in a wrongful death claim.
How An Attorney Can Help With A Heavy Machinery Accident Case
Most construction employers are immune to legal liability for heavy machinery accident cases when they have workers’ compensation insurance. However, it is important for people to understand that employers may not be the only potentially liable parties in these cases. Consulting a lawyer after a heavy machinery accident allows for a review and analysis of the facts, helping to assess which parties may have a role in the incident.
All of these factors can implicate another party and create cause for additional legal action beyond just workers’ compensation:
- Unsafe equipment operation
- Inadequate training
- Blatant negligence or inattention
- Equipment malfunction
- Design defects
- Negligent inspections and maintenance
- Violations of OSHA safety regulations
- Negligent workplace design
- Unsafe property conditions
Many injured workers file for workers’ compensation, but they may end up receiving only a portion of their previous earnings, which can make it difficult to get by. When you work with an injury attorney, you’ll have guidance and advocacy from someone focused on identifying all potentially responsible parties and pursuing accountability. The goal is to help you seek compensation for the financial and medical challenges that follow an accident, including ongoing care and treatment needs.
Consult With Skilled California Heavy Machinery Accident Attorneys
If you suffer severe injuries or a loved one dies in a heavy machinery accident in California, legal guidance can help you understand potential liability and the options available under the law.
Arash Law and the team led by Arash Khorsandi, Esq. serve clients in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and numerous other communities throughout California. You can call (888) 488-1391 or complete our “Do I Have A Case?” form to schedule a free initial, no-obligation consultation with our California heavy machinery accident attorneys.
