Crane Accident Lawyers in Westchester County, NY

U.S. Crane Accident Statistical Data

Statistics from various government agencies highlight the gravity of crane-related incidents:

• According to the U.S. Bureau of Labor Statistics, there were 297 crane-related deaths nationwide from 2011 to 2017, an average of 42 per year.
• The Occupational Safety and Health Administration (OSHA) reports that crane accidents are one of the leading causes of construction fatalities.
• In New York City, the Department of Buildings reported 554 construction-related injuries in 2022, with cranes being involved in a significant number of these incidents.
• A study by the Center for Construction Research and Training found that nearly one in 10 fatal construction accidents involve cranes.

These statistics underscore the critical need for stringent safety measures and experienced legal representation in crane accident cases.

How Our Crane Accident Attorneys Will Manage Your Case

At Tomkiel & Tomkiel, we employ a strategic, multifaceted approach to crane accident cases. Here’s how we can help you with your case:

• We conduct an exhaustive examination of the accident scene, gathering necessary evidence such as surveillance footage, maintenance logs, and operator certifications.
• We partner with renowned construction safety professionals, structural engineers, and accident reconstruction professionals to build a compelling case.
• Our team meticulously reviews adherence to OSHA standards, New York State Labor Law, and local Westchester County regulations.
• We engage in assertive negotiations with construction companies, insurance providers, and other involved parties, always prioritizing your interests.
• While we strive for fair settlements, we prepare each case as if it's going to trial, ensuring that we're ready to advocate for you in court if necessary.
• We’ll keep you informed at every stage, explaining complex legal concepts in clear, easy-to-understand terms.
• Beyond legal representation, we can connect you with medical professionals and support services to aid in your recovery.

Our team of skilled crane accident lawyers in Westchester County is ready to fight to obtain justice and fair compensation while you focus on healing.

Types of Crane Accidents We Handle

Our firm has extensive experience with a wide range of crane accident scenarios, including the following:

Collapses

When a crane fails, often due to overloading, improper setup, or severe weather conditions, the outcome can be catastrophic. Our team investigates factors like load calculations, ground stability, and maintenance records to determine liability in these complex cases.

Struck-By Incidents

Workers and bystanders are at risk of being hit by crane loads, components, or debris. Such accidents often result from failures in safety protocols, inadequate communication, or improper securing of loads.

Electrocution

Contact between cranes and power lines poses extreme danger. Incidents of this nature require in-depth analysis of site planning, operator training, and the implementation of safety measures like proximity warning devices.

Falls

Workers may fall from crane structures due to inadequate fall protection, improper training, or equipment malfunction. Our firm scrutinizes safety harness usage, access point security, and adherence to height safety regulations to establish negligence in these cases.

Tip-Overs

Improper balancing, exceeding load capacities, or operating on unstable ground can lead to tip-over incidents. Our investigations include an examination of load charts, wind conditions, and outrigger deployment to identify all contributing factors.

Rigging Failures

Lifting accessories like slings and chains can fail, resulting in devastating accidents. We investigate the quality of materials, inspection routines, and proper usage protocols to pinpoint where the failure occurred and who bears responsibility.

Mechanical Malfunctions

Equipment failures or defects can give rise to serious accidents. Cases of this nature necessitate a thorough review of maintenance records, manufacturer specifications, and potential design flaws. We often work with engineering professionals to pinpoint the exact cause of the malfunction.

Operator Error

Inadequate training and negligent operation make accidents more likely. Our team looks at certification processes, on-site supervision, and operational procedures, examining the operator's background and training records and the company's hiring and supervision practices.

Each type of crane accident presents unique challenges, and our proven crane accident attorneys are equipped to handle their specific legal and technical complexities.

Our Fees for Crane Accidents in Westchester, NY

We believe quality legal representation should be accessible to all crane accident victims. Our fee structure is designed to alleviate financial stress during this challenging time. Here’s how we make things easier for our clients:

• Contingency-based representation: We operate on a "no win, no fee" basis — our compensation is contingent upon securing a favorable outcome for your case.
• Zero upfront costs: You won't need to pay any out-of-pocket expenses to start your case or retain our services.
• Transparent fee agreement: During your free initial consultation, we'll provide a clear, written explanation of our fee structure, ensuring that you fully understand the terms.

This approach serves to align our interests with yours, allowing you to take crucial legal action without financial risk. We're invested in your case's success and are prepared to work tirelessly on your behalf.

Fight for Your Compensation After a Crane Accident

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Common Injuries in Crane Accidents

Crane accidents can result in severe, often life-altering injuries. Our attorneys have experience handling cases involving the following types of harm:

Traumatic Brain Injuries

Falling debris or falls from height can cause injuries ranging from mild concussions to severe brain damage. Traumatic brain injuries (TBIs) can lead to cognitive impairment, personality changes, and long-term disability, requiring extensive medical care and rehabilitation.

Paralysis Injuries

Impacts or crushing injuries can end in partial or complete paralysis. Injuries of this nature often require lifelong care and support, significantly impacting the victim's quality of life and earning capacity.

Catastrophic Injuries

Severe tissue damage, amputations, and internal organ injuries are frequent effects of crushing forces. Permanent disability or disfigurement may occur, calling for multiple surgeries and long-term medical treatment.

Spine Injuries

Beyond paralysis, spine injuries can include herniated discs, vertebral fractures, or spinal cord compression. These injuries can open the door to chronic pain and limited mobility and may require multiple surgeries or ongoing pain-management treatments.

Burn Injuries

Crane accidents can cause severe burns from fires, explosions, or contact with electrical components. Victims may sustain first- to third-degree burns, requiring extensive treatment, including skin grafts, and potentially resulting in permanent scarring or disfigurement.

Electrocution Injuries

Contact with power lines or faulty electrical equipment can cause serious electrocution injuries, such as burns, nerve damage, cardiac issues, and even fatal arrhythmias. Long-term effects can include neurological problems and chronic pain.

Broken Bones

It’s easy for bones to be broken in crane accidents due to falls, impacts with objects, or crush injuries. Fractures can range from simple breaks to gruesome compound fractures where the bone pierces the skin.

Lacerations and Soft Tissue Injuries

Significant scarring or long-term mobility issues can result from deep cuts or tissue damage. While sometimes perceived as less severe, such injuries can have enduring impacts on a victim's ability to work and perform daily tasks.

Internal Injuries

Unseen injuries like ruptured organs, internal bleeding, or pneumothorax (collapsed lung) may not be immediately apparent but can be life-threatening nonetheless. Emergency surgery and long-term medical care are often necessary for injuries of this nature.

Psychological Trauma

Anxiety, depression, and PTSD often follow traumatic crane accidents. Mental and emotional harm of this nature can have profound effects on the victim’s quality of life, relationships, and ability to work.

Our Westchester crane accident attorneys will collaborate closely with medical professionals to understand the full extent of your injuries and how they affect your life, ensuring that your claim reflects the true nature of your losses.

What to Do If a Crane Accident Leads to Wrongful Death

Losing a loved one in a crane accident is an unimaginable tragedy. In New York, the personal representative of the deceased individual’s estate is entitled to file a wrongful death claim. This is typically the executor named in the deceased's will or an administrator appointed by the court if there's no will.

The executor has a legal window of two years to file a wrongful death claim on behalf of the victim’s:

• Surviving spouse
• Children
• Parents
• Siblings

If you're facing this devastating situation, we offer our deepest condolences. Our compassionate legal professionals can help you pursue a wrongful death claim to seek fair and adequate compensation for your loss.

Factors That Contribute to Crane Accidents

Understanding the root causes of crane accidents is pivotal for building a strong legal case. Common contributing factors include:

• Lack of proper certification or experience
• Neglecting routine inspections and necessary repairs
• Exceeding the crane's weight capacity or improper load distribution
• Failure to account for wind, unstable ground conditions, or extreme temperatures
• Miscommunication between operators, signalers, and ground crew
• Errors in crane setup or takedown procedures
• Equipment malfunctions due to manufacturing defects or wear and tear
• Failure to maintain safe distances from electrical sources
• Poor job site organization or failure to identify potential hazards
• Violations of OSHA standards or local safety regulations

Our team works with construction safety professionals to thoroughly investigate all potential contributing factors and build a comprehensive case that identifies all liable parties.

Who Is Liable for Crane Accidents in Westchester, NY?

Determining liability for crane accidents often involves examining the actions of multiple parties. Some of the responsible entities may include:

• Crane operators
• Construction companies
• Crane manufacturers or rental companies
• Subcontractors
• Property owners
• Maintenance providers
• Engineers or site planners
• Government entities

We’ll meticulously analyze all aspects of your case to identify all possible liable parties, thereby pursuing all potential sources of compensation.

Compensation You May Be Entitled to After a Crane Accident

A successful crane accident claim may provide compensation for a wide range of losses, including the following:

• Coverage for all accident-related medical treatments, including emergency care, surgeries, medications, and long-term rehabilitation.
• Coverage for physical therapy, occupational therapy, and other necessary rehabilitation services.
• Reimbursement for income lost due to the inability to work, including future earning capacity if your injuries result in long-term disability.
• Additional damages for permanent scarring or visible injuries, especially if they affect your quality of life or earning capacity.
• Compensation for long-term or lifelong disabilities, including necessary adaptive equipment or home modifications.
• Compensation for physical pain and emotional distress caused by the accident and resulting injuries.
• Damages for the inability to participate in activities or hobbies you enjoyed before the accident.
• Compensation for psychological counseling or therapy to address trauma stemming from the accident.
• Damages awarded to your spouse for loss of companionship or intimacy due to your injuries.

Our knowledgeable team will work diligently to calculate the full value of your damages, considering both the current and future impacts of your injuries, to make sure you receive the comprehensive compensation you need to move forward.

The Statute of Limitations for Filing a Crane Accident Claim in NY

In New York, the time limit for filing a crane accident claim can vary based on several factors:

• Personal injury claims: Generally, you have three years from the date of the accident to file a lawsuit.
• Wrongful death claims: If the accident results in a fatality, the statute of limitations is two years from the date of death.
• Claims against government entities: If your claim involves a government agency, you may have as little as 90 days to file a notice of claim.
• Workers' compensation claims: These should be reported to your employer within 30 days of the accident, with claims typically needing to be filed within two years.
• Product liability claims: If your case involves defective crane equipment, you generally have three years from the date of injury to file a claim.

It's essential to act promptly, as failing to file your claim within these timeframes can result in the loss of your right to seek compensation.

Not only that, but early action also helps preserve evidence and ensures reliable witness testimonies. We recommend consulting our experienced Westchester crane accident attorneys as soon as possible to meet all applicable deadlines and safeguard your rights.

Steps You Should Take After a Crane Accident

If you've been involved in a crane accident, taking the following steps can protect your well-being and strengthen your potential legal claim:

• Get professional medical care, even if your injuries seem minor. Some serious injuries may not be immediately apparent.
• Notify your employer and make sure they file an official incident report. This creates a formal record of the event.
• If possible, take photos and videos of the accident site, including the crane, any visible environmental hazards, and your injuries.
• Collect the names and contact details of anyone who witnessed the accident.
• Keep any equipment or clothing involved in the accident in its post-accident condition.
• As soon as you're able, write down your recollection of the events leading up to and during the accident.
• Avoid providing formal statements to insurance companies or signing any documents without legal counsel.
• Maintain a file of all medical records, receipts, and any correspondence related to the accident.
• Adhere to all treatment plans and follow-up appointments recommended by your healthcare providers.

Lastly, reach out to a qualified crane accident lawyer as soon as possible to begin building your case.

Once you're in stable condition, these actions can significantly bolster your future legal claim. Remember, however, that your health and safety should be your primary concern.

Westchester County Crane Safety Regulations

Westchester County adheres to New York State and federal OSHA regulations for crane safety, with some additional local provisions. Here are some key points:

• Crane operators must be licensed by the New York State Department of Labor and meet specific training and experience requirements.
• Cranes must undergo regular inspections, including daily visual checks and more comprehensive annual inspections.
• Anyone planning construction projects involving cranes must submit detailed site safety plans to local authorities for approval.

Additionally, state authorities offer clear guidelines for:

• Crane operation in various wind conditions, with mandatory shutdowns during high winds.
• Operating cranes near energized power lines, including minimum clearance distances.
• Load testing and certification before a crane can be put into service.
• Training requirements for individuals responsible for signaling crane operators.
• Safe assembly and disassembly of cranes on job sites.

Our crane accident lawyers are well-versed in these regulations and how they might apply to your case. We’ll use this knowledge to identify any safety violations that may have contributed to your accident.