The Texas construction industry is known for its rapid growth and development, with cranes being an integral part of numerous projects. These towering machines play an important role in lifting heavy materials and equipment, making the construction process efficient.
But the use of cranes also poses significant risks for serious injuries and wrongful death. Crane accidents due to the negligence of operators, general contractors, subcontractors, property owners, and other parties can lead to devastating injuries and even fatalities for construction workers.
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If you or a loved one has been injured in a crane accident in Texas due to another's negligence, you deserve an experienced legal team fighting to make sure the responsible parties pay for your injuries and losses. At Miller Weisbrod Olesky, our dedicated team of Texas crane accident lawyers is here to guide you through every step of your case. We will thoroughly investigate your accident, find evidence to establish liability of the defendants, and aggressively pursue the largest possible financial compensation on your behalf.
When a piece of worn-out rigging equipment was ignored for weeks, a load was dropped unexpectedly on construction workers below. One of the workers was killed by the impact. The employer provided workers compensation, so the wrongful death case was limited to gross negligence claims by the worker’s children. After hiring crane and safety experts, conducting depositions of the employer’s crane operator and supervisors, we were able to secure a punitive damage settlement of $1,575,000 while still preserving workers’ compensation weekly checks for the children worth hundreds of thousands of dollars.
Cranes pose a great risk to construction workers, pedestrians, cyclists, and motorists, if proper safety protocols are not adhered to. In a recent analysis on crane accidents, the US Bureau of Labor Statistics reported that an average of 44 people die in crane-related accidents in the US each year. Nearly one out of four crane accidents occurs at a construction site. Just over half of all fatal crane injuries involve the construction worker being struck by an object or equipment.
Another set of data from the BLS shows that from 2011 to 2017, 43 percent of fatal work injuries involving cranes took place in the private construction industry. One-third of all worker deaths involving cranes in 2011–17 occurred for workers in transportation and material moving occupations. Over half of these workers were crane operators. Another 31 percent of worker deaths involving cranes occurred to workers in construction and extraction occupations.
Texas among all states in the US had the highest number of fatal injuries involving cranes during the 7-year period from 2011 to 2017. In fact, the crane accident fatalities in Texas were more than the combined number of fatalities in the next three top states in the list (Florida, New York, and California).
Crane collapse and overturning accidents are a major concern in the Texas construction industry, often attributed to a combination of factors. One significant cause is the condition of the ground upon which the crane is set up. Uneven, soft, or unstable ground can lead to an imbalance in the crane's center of gravity, making it susceptible to tipping over.
Overloading the crane beyond its rated capacity is another common cause. This exceeds the crane's stability limits and significantly increases the risk of crane collapse or overturning. Operator errors, such as abrupt or incorrect movements, can also contribute to these accidents. Inadequate communication between the crane operator and ground crew is yet another factor, which can lead to misunderstandings and misjudgments during critical operations.
The consequences of crane overturning accidents are often severe and far-reaching. These accidents can result in catastrophic personal injuries or fatalities to workers in the vicinity of the crane. The impact can be immediate and life-threatening, including crushing injuries, amputations, fractures, spinal cord injuries or traumatic brain injuries.
Negligence often plays a central role in crane collapse and overturning accidents and could involve multiple parties. Crane operators may be negligent if they fail to follow proper operating procedures, disregard load limits, or ignore established safety guidelines.
Employers or general contractors can be negligent if they do not ensure through appropriate inspections that the ground conditions are appropriate for crane operation or if they neglect to provide comprehensive training for crane operators. Proper ground conditions are essential to prevent overturning accidents, as outlined in OSHA's standard 1926.1402, "Ground Conditions".
Subcontractors may also be negligent if they overload the crane or improperly rig loads. Identifying and addressing negligence is essential to preventing crane overturning accidents and fostering a safer construction work environment.
Crane structural failure accidents are a significant concern in the construction industry in Texas. One primary cause is material defects or weaknesses in crane components. These defects can originate from manufacturing flaws, subpar materials, or wear and tear over time.
Inadequate maintenance practices and neglecting routine inspections can also contribute to structural failure. Moreover, improper assembly or disassembly of crane components, including booms and jibs, can weaken the crane's structural integrity, making it susceptible to failure during operation.
The consequences of crane structural failure accidents are typically severe and can have wide-ranging impacts. These accidents often result in injuries or fatalities to workers in close proximity to the crane. The structural failure can lead to the collapse of crane components onto the worksite, causing crushing injuries, broken bones, amputation injuries, or internal organ and brain damage.
Negligence can play a critical role in crane structural failure accidents in the Texas construction industry. Crane manufacturers may be negligent if they produce equipment with design flaws, substandard materials, or inadequate quality control. Negligence in design or manufacturing can result in structural weaknesses that lead to accidents.
OSHA's standard 1926.1433, "Design, Construction, and Testing"; outlines the requirements for proper design and construction of cranes used in construction. Owners of cranes are responsible for ensuring that the equipment is maintained properly and complies with OSHA standards. Neglecting maintenance or ignoring signs of wear and tear can constitute negligence.
General contractors and subcontractors responsible for assembling and disassembling cranes must follow OSHA's standard 1926.1403, which provides guidelines for these critical procedures. Negligence in assembly or disassembly can compromise the structural integrity of the crane, leading to accidents.
Crane electrocution accidents are a serious concern in the construction industry in Texas. A primary cause is when cranes come into contact with overhead power lines or exposed electrical wiring at construction sites. This can happen when crane operators or crew members are unaware of the proximity of power lines, misjudge clearances, or fail to take proper precautions. Adverse weather conditions such as strong winds, rain, or poor visibility can also increase the likelihood of crane contact with power lines, especially if the crane's boom swings uncontrollably.
Crane electrocution accidents can lead to severe consequences. Workers in contact with the crane or its load may suffer severe electrical burns, cardiac arrest, or even fatalities. Survivors may face long-term physical and psychological consequences.
Crane operators may be negligent if they fail to identify nearby power lines, underestimate clearances, or disregard established safety procedures. OSHA's standard 1926.1424, "Work Area Control", highlights the importance of maintaining clearances from power lines.
Employers or general contractors and subcontractors can be negligent if they do not adequately train crane operators and crew members regarding the risks associated with power lines. Ensuring that workers are aware of the hazards and safety precautions is important. Property owners may also be negligent if they do not take measures to protect against crane-power line contact when arranging the construction site.
The primary cause of crane-related falling object accidents is improper load securement or rigging. If loads are not adequately secured or if rigging equipment is faulty or incorrectly used, it can lead to loads slipping or falling during crane operations. Communication breakdowns between the crane operator and the ground crew regarding load positioning and movement can also contribute to these accidents. Equipment failure, such as malfunctioning hooks or hoists, may also lead to falling object incidents.
The consequences of crane falling object accidents can be severe and pose serious risks to workers and the construction site. Workers below the crane's operation zone may be struck by falling objects, resulting in head and spinal cord injuries, fractures, or even fatalities.
Crane operators may be negligent if they fail to adhere to proper load handling procedures, disregard load limits, or overlook safety guidelines. OSHA standards 1926.1425 and 1426 focus on the importance of ensuring that loads are properly secured and that load handling operations are executed safely. Crane companies can be negligent if they fail to inspect the rigging equipment and components on a daily basis to ensure defective components are quickly removed from service.
General contractors can be negligent if they do not provide adequate training for crane operators and ground crews regarding proper load securement and rigging practices. Subcontractors may also be negligent if they fail to inspect and maintain rigging equipment or if they overload loads during crane operations.
A major cause of crane load drop accidents is the exceeding of the crane's load capacity. When loads are too heavy for the crane to handle, it can result in equipment failure, such as cable or hook breakage, leading to load drops. Inadequate rigging and securing of loads, as well as improper load distribution, can also contribute to load drop incidents. Moreover, equipment malfunctions or lack of maintenance can weaken load handling components, increasing the risk of load drops.
Workers near the crane's operation zone may be at risk of being struck by falling loads, resulting in severe injuries or fatalities. Load drops can also lead to extensive property damage, including damage to equipment, structures, or materials.
Crane operators may be negligent if they fail to adhere to proper load handling procedures, disregard load limits, or neglect safety guidelines. OSHA standards 1926.1425 and 1426 emphasize the importance of ensuring that loads are within the crane's rated capacity. Employers or general contractors can be negligent if they do not provide adequate training for crane operators and ground crews regarding proper load handling practices and load limit adherence. Subcontractors may also be negligent if they improperly rig loads, fail to secure loads adequately, or overload loads during crane operations.
In a crane accident on a Texas construction site, liability for worker injuries can extend to various parties involved in the project. The specific circumstances of the accident, contractual agreements, and the actions of each party determine their potential liability. Here's an overview of the parties that can be held liable and the types of negligence they might commit:
It's crucial to note that liability in crane accidents can be complex and may involve multiple parties sharing responsibility. Establishing liability requires a thorough investigation to determine which parties were negligent and to what extent. Consulting with our experienced Texas crane accident attorneys at Miller Weisbrod Olesky is the most important step you can take to obtain your rightful financial compensation in the aftermath of a crane accident.
Preventing crane accidents on construction sites in Texas requires a comprehensive approach that involves careful planning, training, and adherence to safety protocols. In the experience of our crane accident attorneys in Texas at Miller Weisbrod Olesky, here are some of the essential steps to prevent crane accidents:
The Occupational Safety and Health Administration (OSHA) plays a key role in promoting safety and preventing accidents in the construction industry, including accidents involving cranes.
OSHA 1926.1400 - Scope and Application
This standard outlines the scope of regulations related to cranes and derricks used in construction and the circumstances in which they apply. It defines the equipment covered and sets the stage for specific safety requirements.
OSHA 1926.1401 - Definitions
This section provides definitions for important terms related to crane and derrick operations, ensuring clarity and consistency in interpreting the regulations.
OSHA 1926.1402 - Ground Conditions
OSHA mandates that employers ensure the ground conditions are sufficient to support the crane's weight safely. This includes measures to prevent hazards like sinking or tipping.
OSHA 1926.1403 to OSHA 1926.1406 - Assembly and Disassembly
Accidents occurring during the assembly and disassembly of cranes represent a significant contributor to worker fatalities. Regulations for the assembly and disassembly of cranes, including specific procedures and safety precautions, are detailed in this section.
OSHA 1926.1407 to OSHA 1926.1409 - Power Line Safety
Many construction worker fatalities result from electrocutions caused by cranes, loads, or load lines coming into contact with power lines. To avert such incidents, these OSHA standards incorporate procedures that employers are required to adhere to when power line hazards are present close to the area of crane operation.
Section 1926.1412 – Inspections
To ensure the safety of equipment, the standard mandates a range of inspections. All equipment is subject to the following inspections:
Additionally, specific special inspections must be conducted under particular circumstances:
Negligence of general contractors, subcontractors, crane repair and maintenance providers, and other entities may cause serious crane accidents and injuries. If you have been injured in such an accident, call our Texas crane accident attorneys at Miller Weisbrod Olesky as soon as possible to hold the at-fault parties accountable and recover the maximum financial compensation for your injuries and losses.
The Texas construction industry utilizes various types of cranes, each designed for specific tasks. While these cranes are essential for efficiency, they also come with inherent risks due to their size, complexity, and the nature of construction work. At Miller Weisbrod Olesky, our Texas crane accident attorneys understand the mechanics of different types of cranes and the inherent dangers involved in their operations.
Mobile cranes are versatile and can be moved easily around construction sites in Texas. They have a telescopic boom that can be extended or retracted and often include counterweights for stability. The mobility of these cranes can make them susceptible to tipping if not set up properly. Overloading or extending the boom too far without proper support can lead to stability issues and accidents.
Tower cranes are tall, fixed to the ground, and have a long horizontal jib with a hook at the end for lifting. They are commonly used in the construction of high-rise buildings. Tower cranes pose risks during assembly and disassembly due to their height. Their height also makes them susceptible to wind-related accidents. Poor communication between the operator and ground crew can result in load drops or accidents.
Crawler cranes are mounted on tracks or crawlers, providing stability and mobility on rough terrain. They have a lattice boom or telescopic boom. The crawler crane's mobility can lead to accidents if it's not properly secured on uneven ground. Load stability is vital, and improper rigging can result in loads slipping or falling.
Overhead cranes are used for lifting and moving heavy objects within a fixed area. They run on tracks installed on the ceiling or overhead structure. Overhead cranes can be hazardous for construction workers in Texas, if not properly maintained. Equipment failure, such as a malfunctioning hoist or trolley, can lead to catastrophic accidents.
Rough terrain cranes are designed for off-road use and have rubber tires. They often have a telescopic boom and are used in various construction environments. Uneven ground, especially on construction sites in Texas, can pose stability challenges. Operators must carefully assess the ground conditions to prevent tipping.
Floating cranes are used in marine construction and port operations. They are mounted on barges or vessels and have a high lifting capacity. Floating cranes operate in dynamic environments with water currents and waves, which can increase the risk of accidents during load handling or assembly.
Mini cranes are compact and versatile cranes used in tight or indoor spaces. They typically have a telescopic boom or a hydraulic arm. Mini cranes are still capable of lifting heavy loads, and their compact size can lead to instability if not properly set up. Inadequate training in confined spaces can also pose risks of devastating accidents and injuries.
The mechanics that make cranes dangerous primarily revolve around issues of stability, load management, and operator error. Proper training, maintenance, and adherence to safety protocols are essential to mitigate these risks and ensure safe crane operations in the Texas construction industry.
At Miller Weisbrod Olesky, our seasoned Texas crane accident lawyers are committed to providing the strongest legal representation to crane accident victims and their families. Our legal team will do what it takes to aggressively fight for your rights, and ensure that those responsible are held accountable. Schedule your free consultation with our dedicated Texas crane accident lawyers today. There will never be a fee unless and until we receive a successful financial settlement or verdict for you.
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
Miller Weisbrod Olesky's Personal Injury Lawyers help individuals and families nationwide pursue real financial recovery after another's negligence causes an accident or medical mistake that results in serious personal injury or wrongful death.
Call our offices today at (888) 987-0005 for experienced assistance in a free consultation.
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