When something goes wrong, a crane can do a lot of damage on and around a construction site. This is why the State of New York heavily regulates crane use and gives victims options for getting compensation when they suffer harm in crane accidents.
If you were injured in such an incident, the New York crane accident lawyers at Greenspan & Greenspan can provide the support you need for healing and help you obtain the compensation you deserve. Our advocacy and skill have received top honors from the legal community, and we fight hard to protect crane accident victims in New York. If you need a strong advocate, you can call us or contact us online to schedule an appointment.
Common Causes of Crane Accidents
Cranes are tall, heavy, and complex, so there are multiple ways they harm people on and around construction sites. The following are common ways cranes cause harm.
A Crane Making Contact with Power Lines
A large metal crane touching an energized power line could result in painful and debilitating electrical shocks. A shock could also cause a crane malfunction, resulting in drops of heavy equipment on individuals nearby. Crane operators should be aware of their surroundings, and construction site personnel may need to de-energize power lines before starting crane work.
A Crane Falling Over
A crane might fall over because of one of the following errors:
- An incorrectly used outrigger (i.e., a metal beam that extends from a crane chassis and works like a counterweight);
- Parking or operating the crane on uneven ground; or
- Exceeding the crane’s load capacity.
The impact and shrapnel from a crane crash might cause extreme trauma, such as crushed bones and deep cuts in operators and bystanders.
Crane Collapse or Load Drop: A Boom Failure
The boom of a crane is the long arm that extends from the crane’s base. If a boom is not well-constructed, under too much pressure, or overextended, it could drop a heavy load or cause a crane collapse. The fallout of an accident such as this could include severe physical injuries and property damage.
A Dropped Load
Cranes are designed to carry heavy loads on construction sites. Sometimes, those loads fall and strike people and property below. A crane might drop a load if a contractor or crane operator makes one of the following mistakes:
- Improperly balancing the load,
- Failing to secure the load properly, or
- Exceeding the load capacity of the crane.
Crane operators and other construction professionals should diligently follow safety protocols for crane use. Managers of the contracting work should also make sure that all personnel have proper training and certification.
A Fall from a Crane
Sometimes, individuals on construction sites suffer injuries from falling off of cranes. These falls can be prevented with proper safety training, protective gear, and quick correction of unsafe behavior.
Who Is Liable for a Crane Accident?
In many cases, contractors and property owners who neglect their obligation to keep their construction sites safe are liable for onsite accidents. Actions an owner or contractor must take to secure their site can include the following:
- Ensuring crane operators are licensed by the state;
- Regularly inspecting the crane and the construction site to ensure they are safe;
- Holding safety meetings regarding the erection, use, or dismantling of a crane;
- Ensuring individuals working with the crane have proper training; and
- Ensuring that the crane is in good working order and not too old.
These requirements are just a handful of rules contractors and property owners must follow to keep crane usage safe. We understand the finest details of contractor and property owner obligations for crane usage, and one of our New York crane accident attorneys can champion your rights in any crane accident case.
Any third party on a construction site who acts negligently may also be responsible for paying damages in a crane accident case. A party is negligent and at fault if the following occurs:
- They owed you a duty of care,
- They failed to fulfill their duty of care,
- Their failure caused your injury, and
- Your injury resulted in damages.
A crane manufacturer or distributor might also be liable if their crane design is defective or the crane they provide has a defect in it. With decades of experience, our New York crane accident lawyers know how to gather the appropriate evidence to prove the crane that caused you harm was defective.
How to Recover Compensation for a Crane Crash
Crane accident victims typically have two options for seeking compensation. A victim can make a claim on the at-fault party’s insurance or file a lawsuit against the at-fault party. In many cases, accident victims do both.
Insurance Claims
Someone suffering harm from a crane crash or failure should immediately file their claim with the at-fault party’s insurer. Immediately filing an insurance claim can help ensure that the at-fault party covers your medical care, property losses, and wage losses from the beginning.
The insurer will likely offer you a final settlement payment at some point in your claim. Far too often, settlement offers from insurers are inadequate to cover your present and future losses.
We can effectively negotiate with the insurance company to push them to offer you everything you deserve. But if an insurer refuses to pay what they owe you, we can file a lawsuit in court against the at-fault party.
Lawsuits
You have three years to sue an at-fault party for your injuries and losses. In many successful claims or lawsuits, the at-fault party must pay the following:
- Noneconomic damages to pay for your pain and suffering and other intangible losses;
- Economic damages to pay for direct costs associated with medical care, property damage, and wage losses; and
- Punitive damages to punish any at-fault party who engaged in extremely wrongful behavior.
The court awards punitive damages only in cases of extreme misconduct, but most crash victims can obtain the other types of damages listed. Greenspan & Greenspan Injury Lawyers can develop the best legal strategy to address your specific needs and desires. We can also handle every detail of your lawsuit or claim so that you can take your time to heal.
Contact Our New York Crane Accident Attorneys Now
Greenspan & Greenspan Injury Lawyers provides top representation and the best protection to New York personal injury victims. We are an award-winning team with decades of experience. You need a knowledgeable and supportive attorney to fight for you, and we are here to help. You can call us or contact us online to set up a consultation. Hablamos español.
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