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Heavy Machinery Accidents That Result In Wrongful Death

Jan 9, 2023 | Accident Claims

Physical injuries are typically catastrophic and life-threatening when heavy machinery accidents happen. Some victims have lifelong disabilities or are unable to go back to work. Manufacturers, operators, and maintainers are responsible for protecting workers and the public from fatal risks that are not of their making. If faulty equipment or other people’s negligence contributed to the accident, you might be able to file a to recover monetary damages.

Industries Where Heavy Machinery Accidents Are Common

Any industry that uses equipment has the potential for heavy machinery accidents; however, some of the most frequent ones are as follows:

  • Manufacturing
  • Forestry
  • Agriculture
  • Construction
  • Transportation.

Workers frequently use heavy machinery in these fields, including cranes, bulldozers, forklifts, and backhoes.

These devices are vital; they can break down,  a person can maintain or operate them improperly, and all these can cause severe injuries or even death.

Types Of Accidents Most Often Involving Heavy Machinery

Accidents involving heavy machinery can take occur in different forms. However, the following are the most frequent mishaps that cause injuries when using heavy machinery:

  • Being hit by the machinery, whether through a rollover or by a moving portion of the machinery;
  • Being struck by a heavy moving vehicle, such as a crane, bulldozer, or dump truck;
  • The risk of electrocution when interacting with electrified equipment;
  • Getting entangled in the machinery (e.g., limbs caught between moving parts, clothing caught in motors or gears, etc.)

Some machinery users made mistakes or errors due to poor training or carelessness. Additionally, the machinery had mechanical issues or failed safety features.

What Injuries Can a Person Suffer in a Heavy Machinery Accident?

Heavy machinery accident victims frequently experience long-term effects since they may have severe burns or disfigurement. A person can potentially suffer various injuries, some of which may be severe and result in lasting damage. Here are some common injuries a person can suffer from heavy machinery accidents:

  • Traumatic brain injury (TBI), which includes skull fractures, hematomas, and other conditions.
  • Back, neck, and spine injuries (which may cause chronic pain at best and paralysis at worst),
  • Fractured bones,
  • Amputations (e.g., amputated limbs due to crushing or sharp blades) (e.g., severed limbs due to grinding or sharp edges),
  • Shattered or crushed bones or organs, etc.
  • Internal injuries: Internal bleeding that is not immediately obvious may result from a machine’s impact
  • Wrongful death

Wrongful Death as a Result of a Heavy Machinery Accident

A circumstance in which a fatality results from the wrongful conduct or negligence of another person or entity is often referred to as a case of wrongful death. Accidents involving heavy machinery often arise from human error or faulty, frequently resulting in fatalities or horrible, catastrophic injuries. Thus, many victims of heavy machinery and construction accidents in California can bring a personal injury or wrongful death claim for damages.

Who Can You Sue For Wrongful Death After a Heavy Machinery Accident

Finding the parties accountable for the accident and demonstrating their negligence is essential to have a successful wrongful death lawsuit. These parties may include:

Filling a Wrongful Death Lawsuit

If you were financially dependent on a loved one who died in a heavy machinery accident, you might be eligible for worker’s compensation death payments, which will help offset some of your losses.

But let’s say someone else was at fault. In that situation, you might be qualified to pursue a wrongful death lawsuit against the person accountable if the employer was egregiously negligent or you are in some other way ineligible for worker’s compensation death payments.

You might be able to ask for compensation in a wrongful death lawsuit for the amount of money your loved one would have most likely made up until retirement age. Additional damages like loss of companionship or loss of consortium may also be admissible in your claim.

How Can KAASS LAW Wrongful Death Attorneys Help You?

If you or a family member suffered in a heavy machinery accident and sustained a severe or catastrophic injury, KAASS LAW experienced wrongful death attorneys can assist you in obtaining compensation. We will help to understand how the accident happened and identify all who must be legally liable. We will examine every possible payment source, including any potential issues with insurance coverage. KAASS LAW attorneys will do everything to protect your rights and get the best outcome in your case. Call us now at 310-933-5171 and visit our website for other practices.