Cranes are powerful machines that enable us to lift heavy loads to great heights. Properly used, they are incredibly useful and valuable, but when they are used improperly, they can cause serious injuries, even death. 

If you were hurt or lost a loved one in a crane accident, you deserve compensation. At Fisher & Talwar, we are prepared to fight for the compensation you are owed, which can help pay medical bills and make up for lost wages. Because crane injury situations can be complicated, we understand that many people don’t know whether they can file a crane accident lawsuit. That’s why we offer a free consultation. Get authoritative answers to all your questions. There’s no obligation, and it’s completely confidential – no one needs to know you’re talking to a lawyer about your accident.

Is My Crane Accident Covered by Worker’s Comp or Should I Sue?

Workers’ compensation is a system that protects both workers and employers in the event of a workplace accident. Injured workers are automatically eligible for compensation for medical expenses and lost wages. In exchange, workers give up their right to sue an employer for workplace accidents. 

However, injured workers can still sue other individuals and organizations that contributed to their crane accident. Most construction sites are a mix of different contractors and teams, hopefully working together, but frequently doing their own jobs without paying attention to others. If someone contributed to your crane accident who was not:

  • You
  • Your employer
  • An employee of your employer

Then you can still seek additional compensation with a lawsuit against that person or organization. 

Who Can I Hold Liable for My Crane Accident?

Other than your employer and other employees of your employer, you can hold anyone responsible who contributed to your crane accident. This may include:

  • Crane operator
  • Lift director
  • Site supervisor
  • Rigger
  • Owner
  • Signal person
  • Crane manufacturer
  • Service provider

Often, crane accidents occur due to a complicated network of failures: multiple people didn’t do their jobs properly, leading to a catastrophic accident. This means that you may be able to pursue compensation from multiple parties for your injury or the loss of a loved one. 

Can I Sue If I Was Partly Responsible for My Crane Accident?

The crane operator is often the person hurt or killed in a crane accident. They are, unfortunately, also one of the people most often to blame for crane accidents. If you are a crane operator who was hurt, or lost a loved one who was a crane operator, you might wonder whether the operator’s responsibility will prevent you from getting compensation in a lawsuit.

California law follows what is known as pure contributory negligence: each person injured in an accident can seek compensation for their injuries from each other person who contributed to that accident. Let’s say you were the crane operator, and the court decided that you were 20% responsible for a crane accident, with the remaining responsibility divided between the rigger and the crane manufacturer. In this situation, you would be able to get compensation for 80% of your damages, 40% from the rigger and 40% from the crane manufacturer. However, if other people were injured in the accident, they would be able to get compensation for their injuries, with 20% coming from you (or your employer).

Contributory negligence only technically matters when a crane accident lawsuit goes to court, which most don’t. However, even before going to court, each party to the accident will factor this in when making settlement offers to you. 

What Is My Crane Accident Worth?

It’s impossible to say how much a crane accident will be worth until we have a detailed consultation where we look at your damages and expenses. However, in general, you can get compensation for both economic and noneconomic damages, which might include:

  • Current, ongoing, and future medical bills
  • Durable medical equipment
  • Prescription medication
  • Lost wages
  • Diminished earning ability
  • Lost opportunities
  • Pain and suffering
  • Diminished quality of life
  • Disability
  • Disfigurement

As well as many other types of compensation. An experienced crane accident lawyer can help you look at your expenses and link them to your accident. 

If your crane accident goes to trial, you might also get punitive damages. These damages are not to compensate you for your injuries; they are punishment for the people responsible for a crane accident. They are awarded only when the court finds the responsible party should be punished, such as in cases of gross negligence or deliberate misconduct.

Types of Crane Accidents

Cranes are complicated pieces of equipment, and as a result, they have multiple potential failure paths. Some of the most common types of crane accidents include:

  • Crane collapse or overturned cranes: A poorly assembled, poorly sited, or poorly selected crane might collapse at the worksite. This can cause injury to the crane operator as well as others at the worksite. This type of crane accident is often the responsibility of the crane manufacturer, the crane assembler, and/or the general contractor who oversees the crane operation.
  • Dropped loads: A poorly secured load or a load that is too heavy for the crane might be dropped, leading to serious injury to people struck by the load. Dropped loads may be due to the crane operator, the rigger, or the crane selector who chose an inadequate crane for the job. 
  • Boom strike: Workers or the vehicles they’re driving might be hit by the crane’s moving boom. This impact can cause serious injury because the boom might be moving fast and/or carrying heavy loads.
  • Electrocutions: Cranes are at high risk of contacting electrical power lines during operation. This is a major danger to crane operators, but might also impact other workers at the site. 

These types of accidents account for the majority of crane accidents. However, there are many other potential sources of crane accidents.

Causes of Crane Accidents

Some studies indicate that human error may be responsible for up to 90% of crane accidents. Some of the common mistakes that can lead to crane accidents include:

  • Choosing an inappropriate crane for a job
  • Improper crane set up
  • Using the crane in a manner not intended by the manufacturer
  • Failure to follow industry standards for crane operation
  • Lifting an unbalanced or improperly secured load
  • Improper crane maintenance
  • Inadequate training of the crane crew
  • Not following proper safety protocols

Other times, a defect in the crane could be responsible for the accident. This is relatively uncommon, but sometimes it does happen. The defect might be in the crane’s design, its manufacture, or perhaps in its specifications, which might overstate the capabilities of the crane in order to sell more. In these cases, crane manufacturers and other parties along the distribution chain can be held legally responsible for the accident if they sold or leased a defective crane. 

Why Choose Fisher & Talwar for Your Crane Accident Lawsuit

If you have been injured or lost a loved one in a crane accident, there are many lawyers who say they can represent you. However, you should take the time to choose the lawyer who is really the best match for your family and your case. At Fisher & Talwar, we think we are the best crane accident lawyers for you because of our experience, the personal attention we give, and our friendly billing policies.

A Track Record of Success

At Fisher & Talwar, we have helped many people deal with the aftermath of serious accidents, including construction accidents like crane accidents. We have won millions for our clients, helping them pay medical bills and make up for lost wages. This experience has taught us how to build successful cases, and we can put that experience to work for you. 

Personal Attention

When you hire Fisher & Talwar, you know that your case will be handled by one of our partners. We never pass your case on to a junior attorney or a paralegal. We can do this because we are very selective of the cases we take on. We will only take your case if we believe we are the best lawyers to handle it, and that you will get better results working with us than you would on your own or working with a different lawyer. If we don’t think we are the best choice for you, we will tell you, and possibly refer you to a lawyer who might be better.

No Win, No Fee

We take all crane accident lawsuits on a contingency basis. That means you don’t pay us unless we win money for you. Your family is dealing with enough bills right now – you don’t need more unless we bring money in to help pay. 

You Never Pay Our Expenses

When choosing a lawyer, it’s important to understand the difference between fees and expenses. Some lawyers will charge a lower fee, but expect you to pay expenses after the lawsuit is concluded. This can be an extra surprise bill that cuts into the money you were counting on to pay your own bills. Worse, you might be expected to pay expenses whether or not the lawyer wins money for you. At Fisher & Talwar, our expenses are included in our fees. There’s never a surprise bill, and you still pay us nothing unless we win money for you. 

Contact Us for a Free Crane Accident Consultation

If you were injured or lost a loved one in a crane accident, you might be confused about your options. We can give you the answers you need. Just contact us today for a free consultation. There’s no obligation, and it’s completely confidential.

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