Construction sites are by nature dangerous environments, and there are many ways a worker or other individual can suffer a serious or fatal accident. A crane accident is a common example. The victim could incur major medical bills, lose substantial time from work, and suffer other losses.

If you or a loved one were the victim of a crane accident on a Long Island construction site, you owe it to yourself to learn about all potential avenues of compensation. It’s time to schedule your consultation with Dell & Dean PLLC.

Common Crane Accident Types and Causes

The victim has the burden of proof in a subsequent legal action. For this reason, it helps to understand the common types and causes of crane accidents. They include:

  • Crane collapse: The collapse of a crane could be the result of overloading, improperly erecting the crane, or structural problems. Bystander injuries are common in these situations.
  • Boom collapse: The boom is an essential part of the crane, but it may fail due to mechanical defects, unsafe operation, or overloading.
  • Electrocution: Operating a crane near high voltage wiring in Long Island requires even more precaution. If the boom or cables touch live wires, a fatal accident may result.
  • Overturning: A crane can overturn and cause injury, death, and significant property damage. Overturning may occur due to bad weather, uneven ground, or poor stabilization.
  • Dropped loads: If a load is not secure, it can drop to the ground and cause injury or death. Frayed ropes and defective rigging are often to blame in these accidents.
  • Striking: Any moving part of the crane can strike someone nearby and cause injury. The immediate cause is often disregard of safety protocols or limited visibility.
  • Mechanical failures: A crane is a complex piece of machinery that only works insofar as each part of it works. Failure of the hydraulics, hoist lines, gears, brakes, and other parts can spell disaster.
  • Lack of training: Nobody should be allowed to operate a crane without sufficient training. New York requires a Crane Operator Certificate of Competence to legally operate a crane.

What Are Your Options For Compensation?

If you’re a construction worker and you are hurt on the job, you have the right to file a workers’ compensation claim with your employer. However, this may not be the only avenue of recovery. Depending on the facts in your case, you may be able to file a third-party personal injury claim against the following parties:

  • Property owner: Some crane accidents occur due to problems with the property, such as sinkholes. If a property hazard was the cause, the victim can hold the owner liable.
  • Subcontractor: It is possible that the subcontractor or one of their employees was negligent. For instance, the subcontractor could have been responsible for improperly erecting the crane.
  • Manufacturer: The company that manufactured the crane may have defectively designed or assembled it. Similarly, the maker of a specific component like the cables may be liable.
  • Government: The government might be responsible for the construction work, and could be held liable under some circumstances. As noted below, different rules apply when suing the government.

It’s important to explore your options, because workers’ compensation only pays for medical bills and a portion of lost wages. A third-party claim allows the victim to request other damages, for example to cover pain and suffering. The above parties could also be liable if the victim is a non-worker, such as an injured bystander.

Possible Damages in a Long Island Crane Accident Case

If you were injured in a crane accident, you could incur substantial personal and financial losses. Filing a lawsuit will be critical to claiming the fair compensation that you deserve. Potential damages could include:

  • Medical bills, including for reasonably estimated future expenses
  • Rehabilitation, long-term care, and related expenses
  • Lost income to cover the work you miss during your recovery time
  • Lost earning capacity if the accident prevents you from working the same job
  • Pain and suffering, emotional distress, and other non-economic damages
  • Property damage
  • In some cases involving extreme negligence, punitive damages may also be available

Tragically, some victims die from these accidents due to the sheer size and weight of cranes. If your loved one died on a construction site, you may have the right to file a wrongful death lawsuit. Ask our compassionate legal team for details.

How Can An Attorney Help With My Crane Accident Case?

Regardless of how the crane accident occurred, you should speak with knowledgeable legal counsel right away. A Long Island construction accident attorney can assist by:

  • Investigating the accident and acquiring evidence related to liability
  • Determining who may be held responsible for the accident
  • Filing a lawsuit and serving it in accordance with all court rules
  • Conducting discovery to obtain additional evidence
  • Negotiating with the at-fault party’s insurance company
  • Determining the value of your accident claim
  • Representing you during mediation
  • Retaining the services of expert witnesses
  • Taking your case to court if necessary

When you retain us to handle your crane accident case, we put together a personalized legal strategy aimed at seeking the maximum amount of compensation. We will explore all options, including mediation and litigation, in seeking the justice you deserve.

Contact Our Long Island Crane Accident Attorney

Nobody should be injured or killed due to the negligent operation of a crane. However, if this has happened to you or a family member, you do have options for recovering compensation. Learn more about them by contacting Dell & Dean PLLC.

Frequently Asked Questions About New York Crane Accidents

What kind of evidence will I need for my claim?

The victim has the burden of proof in crane accident cases, so having compelling evidence is key. The evidence may include equipment maintenance records, safety records, personnel information, manufacturer information, medical bills, and much more.

What is discovery in a crane accident lawsuit?

Discovery is the process by which parties to a lawsuit exchange and request relevant information and documents. Various tools exist such as interrogatories, requests for documents, depositions, and subpoenas. Your Long Island personal injury lawyer can assist with this step of litigation.

Is there a deadline to file a crane accident lawsuit?

Most victims have a deadline of three years from the date of the accident to file a lawsuit. Failure to file by this deadline, known as the statute of limitations, could result in your case being dismissed. If the at-fault party is a government entity, you will need to file a notice of claim within 90 days of the accident, and a lawsuit within one year and 90 days of the accident.

What is the statute of limitations in a wrongful death case?

If the crane accident was fatal, the personal representative of the victim’s estate only has two years from the accident date to file a lawsuit. We can review your case and help you take action long before the statute of limitations expires.

How do expert witnesses help?

An expert witness is someone who can testify about complex or technical matters in a way that judges and juries can understand. For example, an accident reconstructionist can explain in detail how the crane accident occurred. These experts help establish basic elements of an accident case, such as causation and damages.