Austin Crane Accident Attorney

What to Do After a Crane Accident

In the moments and days after a crane accident, it can be difficult to know what to do. You may be in the hospital, worried about your health and your job, while others are already gathering information for the company or its insurer. The steps you take now can affect both your recovery and your legal options.

Here are important steps to consider after a crane incident:

• Seek emergency and follow-up medical care, and describe all symptoms, even those that seem minor at first.
• Report the incident as required, but don’t speculate about the cause or accept blame.
• If it’s safe, preserve what you can, such as photos or videos of the crane, the load, the surrounding area, and visible injuries.
• Don’t sign releases, waivers, or settlement papers from any company or insurer before speaking with a lawyer.
• Keep copies of medical records, incident reports, employer communications, and contact details for witnesses or coworkers who saw what happened.
• Contact our attorneys promptly so the available evidence and potential claim paths can be evaluated.

Texas workers’ compensation deadlines are separate from the deadline for a civil injury lawsuit. According to the Texas Department of Insurance, an injured employee generally must report a work injury to the employer within 30 days and file a claim with the Texas Division of Workers’ Compensation within one year, although exceptions and fact-specific rules can apply. Prompt advice matters because a third-party claim may follow a different process.

Construction-site evidence can include photographs, video, incident reports, OSHA materials, medical records, and witness information. Records concerning the crane, load, rigging, inspections, maintenance, and site conditions may also matter. Because equipment can be moved and project records may be held by several companies, it’s important to identify potential evidence early.

Compensation in Texas Crane Accident Claims

After a serious crane incident, many people are unsure what types of compensation may be available or how those amounts are calculated. While every situation is different, Texas law may allow an injured person to seek recovery for economic losses, such as medical bills and lost income, and non-economic harm, such as physical pain and loss of enjoyment of life. The available damages depend on the type of claim, the evidence, and the parties found responsible.

Economic Losses

Economic losses in crane accident cases can be substantial. Hospital care, surgery, and rehabilitation often involve significant charges, especially for injuries like burns or spinal cord damage. Some survivors need in-home assistance, medical equipment, or modifications to their living space to manage daily tasks. If you can’t return to your prior job in construction or another field, reduced earning capacity and the loss of future wages and employment benefits may also be relevant.

Non-Economic Damages

Non-economic damages can be harder to measure but are just as real. A serious crane injury may leave you coping with chronic pain, sleep disruption, disfigurement, impairment, or loss of independence. Medical evidence, the nature of the injury, and its effect on daily activities can all influence how these losses are evaluated.

Wrongful Death Claims

Families who lose a loved one may pursue wrongful death and survival claims when Texas law permits. Potential damages can include funeral expenses, lost financial support, loss of companionship, and mental anguish. The people entitled to bring a claim and the damages available depend on their relationship to the deceased person and the facts of the incident.

Factors That Affect Claim Value

Our crane accident lawyers take the time to understand how the incident has changed your life so we can present a complete picture of your losses during negotiation or in the courtroom. Liability findings, comparative responsibility, insurance coverage, employment history, and future medical needs can all affect the value of a claim. Our broader personal injury practice has recovered hundreds of millions of dollars in verdicts and settlements, but every crane case must be evaluated on its own evidence.

Liability in Austin Crane Accident Cases

Depending on the facts, potential liability may extend beyond a single employer. Some injured workers may have a workers’ compensation claim while also having the right to pursue a separate negligence claim against a third party. Others may work for employers that aren’t part of the workers’ compensation system, which can change how legal claims proceed. The right path depends on the contract structure, insurance coverage, employment relationship, and circumstances of the accident.

A third-party claim may arise when a company other than the injured person’s employer contributed to the incident. This could involve unsafe site control, negligent crane operation, improper rigging, inadequate maintenance, or a defective component. The responsible-party analysis can differ for an employee, independent contractor, subcontractor, site visitor, pedestrian, motorist, or family member pursuing a wrongful death claim.

Comparative Responsibility in Texas

Texas comparative-responsibility rules can affect compensation if the injured person or another party is alleged to share fault. Insurers may argue that a worker entered a restricted area, misunderstood a signal, or contributed to the incident in another way. Those allegations don’t resolve the issue. The evidence must be examined to determine which parties controlled the relevant work and how responsibility should be allocated.

Deadlines for Crane Accident Lawsuits

Texas law generally provides a two-year limitations period for personal injury lawsuits, subject to exceptions and claim-specific rules. Workers’ compensation notice and filing requirements are separate and may expire sooner. Other deadlines can also arise depending on the defendant and type of claim, so it’s risky to calculate the filing period without reviewing the specific facts.

Frequently Asked Questions

Can A Bystander Or Family Member Bring A Claim?

A bystander injured by a falling load, crane collapse, or other site hazard may have a personal injury claim against the responsible parties. Certain family members may be able to pursue a wrongful death claim after a fatal accident. Eligibility and available damages depend on the person’s relationship to the incident and the applicable Texas law.

Will Your Attorneys Take My Case to Trial If Needed?

We prepare serious injury and wrongful death cases for trial from the beginning, and many of our notable results come from courtroom verdicts. Whether a case ultimately settles or goes to trial depends on many factors. Our commitment is to be ready to try your case when that’s in your best interest.

Discuss Your Crane Accident with Our Austin Trial Lawyers

Based in Austin, we bring nearly 25 years of trial experience to serious personal injury and wrongful death claims throughout Central Texas. We can explain potential third-party claims, workers’ compensation issues, filing deadlines, and the evidence that may matter in your case.

To discuss a crane accident in the Austin area, call (512) 430-4844 for a free consultation with our team.