Industrial work and construction require the use of heavy equipment, powerful tools, and specialized vehicles that can cause severe or fatal injuries if misused. If you or a loved one suffered an injury from any kind of heavy equipment accident in the Dallas-Fort Worth area, a lawsuit generally offers the best chance of economic recovery from your damages. Contact the Law Firm of Aaron A. Herbert, P.C. today to schedule a free case review and learn more about your options following a heavy equipment accident.
How Will an Attorney Help?
Heavy equipment accidents often cause very serious injuries like bone fractures, crushing injuries, amputations, and traumatic brain injuries. As such, the subsequent legal claims involve substantial damages. The attorney you choose to represent your heavy equipment accident claim will have a tremendous impact on your recovery. Your attorney will gather the evidence necessary to establish liability for your damages and represent your interests in court.
An attorney will also ensure your claim meets all filing deadlines and procedural requirements so your case can proceed unimpeded. Your lawyer will consult with expert witnesses if necessary, to prove the scope of your damages and/or liability for those damages. An attorney can also manage correspondence with insurance carriers on your behalf and help you prepare for depositions and trial.
Determining Fault for a Heavy Equipment Accident Claim
The first step toward recovery after any heavy equipment accident is to determine fault for the incident. One or more parties could potentially face liability for a heavy equipment accident claim.
- A negligent individual who operates heavy equipment under the influence of alcohol or drugs, or outside of the scope of his or her job duties for an unapproved personal use.
- A negligent employer that failed to perform necessary background checks on employees or ensure employees had completed the necessary training. For example, allowing an employee to operate a forklift without forklift certification would constitute negligence.
- A product manufacturer that developed and produced a defective or unreasonably dangerous piece of equipment. Manufacturers may also face liability for failure to include instructions and safety warnings with products.
- An employer or business owner that failed to correct a known safety hazard before it could cause injuries. For example, an employee reports a defective piece of machinery but the employer takes no steps to prevent other employees from using it, and the next employee to do so suffers an injury.
- A third party, such as a negligent driver who causes an accident with a heavy equipment operator on the way to a job site.
Ultimately, any kind of heavy equipment accident can cause severe injuries, some of which result in permanent disabilities entailing pain and suffering and making it impossible for the victim to work in the future.
Damages and Compensation for Heavy Equipment Accident Claims
Heavy equipment like factory fabrication and assembly equipment, construction vehicles, and heavy-duty tools can all cause serious injuries. A heavy equipment accident victim may have suffered broken bones, traumatic brain injuries, spinal cord injuries, burns, deep lacerations, and various other life-threatening injuries. Even when these victims receive immediate medical treatment, they endure tremendous pain and suffering and may not be able to resume the same job after recovery, or work at all in the future. Once the victim in a heavy equipment accident claim identifies the liable parties in the claim, he or she can claim compensation for various types of damages.
Damages in a heavy equipment accident claim generally include medical expenses, lost income, and pain and suffering. However, some accidents may qualify a victim to receive additional types of compensation like punitive damages. If you or a loved one suffered injuries in any kind of heavy equipment accident in the Dallas-Fort Worth area, contact the Law Firm of Aaron A. Herbert, P.C. today to schedule a free case evaluation.