Virginia Crane Accident Lawyers
Representing Injured Construction Workers in Alexandria & Throughout VA
Crane accidents could result in catastrophic injuries and even fatalities. These powerful machines are necessary for construction projects but can pose significant risks when safety protocols are not followed. If you or a loved one has been involved in a crane accident, it’s crucial to understand your legal rights, and our crane accident lawyers in Virginia can help you pursue compensation for your injuries.
Call The Barrera Law Firm, PLLC, today at (571) 290-2390 or contact us online to schedule a consultation with our Virginia crane accident lawyer.
Common Injuries in Crane Accidents
Cranes typically weigh hundreds of tons and serve to lift and move items that weigh tens of thousands of pounds. When these malfunction, topple, or break, construction workers typically experience severe injuries.
If you are a construction worker who has been involved in one such accident, you may be experiencing painful, costly injuries, such as:
- Traumatic brain injuries
- Spinal injuries
- Amputation
- Puncture wounds
- Internal bleeding
- Damage to vital organs
Any of the above can plunge entire families into financial ruin and lead to devastating personal and monetary damages stemming from lost wages, medical expenses, etc. Such injuries can interfere with your ability to work, earn a living, support yourself and your loved ones, and maintain a satisfactory standard of living. This is especially true when crane accidents result in death.
Common Types of Crane Accidents
A crane accident is an unexpected event involving a crane that results in damage, injury, or death. These incidents can occur due to various factors such as equipment failure, operator error, or environmental conditions. Crane accidents are particularly hazardous given the massive size and weight of the equipment and the loads they handle.
Common types of crane accidents include:
- Crane Collapse: This occurs when the crane's structure fails, causing it to fall. Common causes include overloading, structural weaknesses, or improper assembly.
- Overturning: This happens when a crane tips over, usually due to exceeding load capacity, operating on uneven ground, or improper setup. Overturning can result in severe damage and injury.
- Dropped Loads: This involves the load being lifted falling unexpectedly, which can be caused by equipment failure, rigging issues, or operator error. Such incidents can lead to significant hazards on the construction site.
- Contact with Power Lines: When a crane or its load touches overhead power lines, it can result in electrocution or fires. This type of accident is often due to a lack of situational awareness, poor planning, or operator inattention.
- Boom or Jib Failure: This occurs when the crane's boom or jib breaks or bends, often due to overloading, structural defects, or metal fatigue. Such failures can cause severe accidents and disruptions.
- Mechanical Failure: Malfunctions in the crane's mechanical systems can lead to accidents. Causes include poor maintenance, defective parts, or general wear and tear.
- Rigging Failure: Failures in the rigging equipment used to secure loads can cause accidents. These failures are often due to inadequate inspection, improper use, or worn-out rigging components.
- Human Error: Mistakes made by the crane operator or other workers can lead to accidents. Common causes include lack of training, miscommunication, or negligence.
Who is Liable for a Crane Accident?
In a crane accident, several parties can potentially be held liable depending on the circumstances of the incident. Determining liability often involves a thorough investigation to identify the root cause of the accident. Here are the primary parties that might be held responsible:
- Crane Operator: If the accident is due to operator error, such as improper handling of the crane, lack of adherence to safety protocols, or negligence.
- Construction Company/Employer: If the company failed to provide adequate training, did not enforce safety regulations, or neglected proper maintenance of the crane. Employers are also generally responsible for the actions of their employees under the principle of vicarious liability.
- Crane Owner: If the crane was leased or rented, the owner could be liable for failing to ensure the crane was in proper working condition and well-maintained.
- Manufacturer: If the accident resulted from a defect in the crane's design or manufacturing, the manufacturer could be held liable for producing faulty equipment.
- Maintenance Provider: If a third-party company was responsible for the crane's maintenance and failed to identify or repair issues that led to the accident.
- Site Supervisor/Manager: If the site supervisor failed to ensure the crane was used safely and according to regulations, or if they ignored potential hazards.
- Riggers: If those responsible for securing the load to the crane did not perform their job correctly, leading to a dropped load or rigging failure.
- Property Owner: If unsafe conditions on the property contributed to the accident, such as unstable ground or obstacles that were not addressed.
In many cases, multiple parties may share liability for a crane accident. Legal investigations typically examine evidence, including maintenance records, operator logs, and eyewitness accounts, to determine who is at fault and to what extent.
What to Do About Injury or Death Following a Crane Accident
Seek medical treatment for yourself or your injured loved one immediately following the accident, even if your injuries are not visible or completely apparent.
Once you or your loved one is stabilized and receiving proper care, connect with a construction injury lawyer immediately. This can keep you and your loved ones from being faced with the immense costs of construction-related injuries for longer than necessary, and it allows you to consider the long-term costs of the injuries in question before accepting any workers’ compensation benefits or low settlements from the responsible party.
What Damages Could Be Recovered in a Crane Accident Claim?
Potential damages may include the following:
- Medical Expenses: Crane accidents often result in severe injuries that require extensive medical treatment. These costs can include emergency care, hospital stays, surgeries, medications, physical therapy, and ongoing rehabilitation. In some instances, the injuries could be long-term or permanent, leading to lifetime medical costs. You may be able to recover compensation for all of these expenses, both past and future.
- Lost Wages: Many victims of crane accidents are unable to work while they recover from their injuries. Depending on the severity of the accident, the injured person may be unable to return to their previous job or may need to transition to a less demanding role. Compensation for lost wages can help cover the income lost during the recovery period and beyond.
- Pain and Suffering: The physical and emotional pain resulting from a crane accident can be immense. Injuries like broken bones, spinal cord injuries, traumatic brain injuries, or amputations can cause long-lasting pain and suffering. Pain and suffering damages are meant to compensate victims for the pain they endure as well as the emotional distress caused by their injuries.
- Disability or Permanent Impairment: In instances where the injuries result in permanent disability or a long-term impairment, compensation can be awarded for the lifelong effect on the victim’s quality of life. This may include both physical disabilities that limit mobility and mental impairments that affect cognitive function.
- Loss of Consortium: If the victim of a crane accident is married, their spouse may be qualified to damages for the loss of companionship, support, and intimacy resulting from the injury. These damages, known as "loss of consortium," recognize the significant emotional and relational toll a serious injury can have on family members.
- Punitive Damages: In instances where the responsible party’s actions were especially reckless, negligent, or egregious, punitive damages may be awarded. These damages go beyond compensating the victim and are intended to penalize the wrongdoer and deter similar conduct in the future.
- Funeral and Burial Costs: Tragically, crane accidents can result in fatal injuries. If a loved one has been killed in a crane accident, family members may be entitled to recover funeral and burial expenses, along with other damages related to their loss.
Virginia Crane Accident Claims FAQs
Can I file a lawsuit if I was injured while working around a crane?
If you’re an employee injured on the job, you may be eligible for Virginia workers’ compensation benefits, which typically bar lawsuits against your employer. However, you may file a third-party claim against other negligent parties, such as subcontractors or equipment manufacturers.
How long do I have to file a claim after a crane accident in Virginia?
For workers’ compensation, you must typically notify your employer within 30 days and file a claim within 2 years. For personal injury or wrongful death lawsuits, the general statute of limitations in Virginia is 2 years from the date of the accident or death.
What if the crane accident was caused by defective equipment?
If a defective crane or component caused the accident, you may have grounds to file a product liability claim against the manufacturer or distributor. These claims often require expert testimony and a detailed technical investigation.
Can family members sue if a loved one was killed in a crane accident?
Yes. In Virginia, the personal representative of the deceased’s estate can file a wrongful death claim on behalf of surviving family members. Compensation may include funeral costs, loss of income, emotional distress, and loss of companionship.
How is fault determined in a crane accident case?
Fault is typically determined by examining safety records, accident reports, witness testimony, expert evaluations, and compliance with OSHA and Virginia Occupational Safety and Health (VOSH) standards.
Do I need a lawyer to file a crane accident claim in Virginia?
While not legally required, an experienced Virginia crane accident attorney can significantly improve your chances of recovering full compensation. These cases often involve multiple parties, complex liability issues, and aggressive insurance defense teams.
Contact Our Virginia Crane Accident Lawyer Today
At The Barrera Law Firm, PLLC, we value excellence and fairness. For more than 75 years, our experienced crane accident attorneys in Alexandria have been building strong, persuasive cases for injured construction workers. We have achieved a number of great results for our injured clients and helped them obtain the compensation they needed to deal with the fallout of their injury.
We can do the same for you. On multiple occasions, Attorney Daniel Barrera has obtained more than $1 million for injured workers like you. Our team is prepared to help you make a full financial recovery while you focus on physical healing and getting back to work.
Call (571) 290-2390 today to speak to our Virginia crane accident attorney or contact us to schedule your free case evaluation.