Heavy Machinery Accident Attorneys in San Diego, CA
Construction is ranked as one of the most dangerous jobs in California as well as throughout the country, and one of the biggest reasons is the presence of heavy machinery on construction sites. Workers who operate heavy equipment are at constant risk of a number of severe injuries, many of which can be permanently disabling. In a worst-case scenario, a heavy equipment injury can be fatal, leaving the deceased party’s family to reckon with the financial and emotional fallout.
If you or someone you love was injured or killed in a heavy machinery accident in San Diego, an attorney from Buche & Associates, P.C. in San Diego can help you pursue the responsible party or parties and collect the compensation you deserve. Our team offers a free initial consultation and case evaluation at which we will review the details of your accident and advise you of your legal options. To speak with a member of our staff today, call us in our San Diego office at 858-459-9111.
How Do Heavy Machinery Accidents Occur?
Construction sites are hotbeds for serious accidents involving major bodily injury. Many of these accidents involve heavy machinery. In San Diego, many of the heavy machinery accidents our attorneys see involve one or more of the following:
Most construction jobs are impossible to complete without the use of one or more power tools. When these tools are in working order and handled correctly, they can make a difficult task easy. But when power tools are defective or damaged, or when a worker does not receive proper training on how to use them safely, the results can be disastrous.
Power tool injuries on construction sites often involve deep puncture wounds, severed fingers and broken bones, as well as injuries to the eyes and ears. Any of these can lead to permanent disability and loss of earning capacity.
Cranes are made to lift things, and when they work properly, they are an indispensable asset to a construction site. However, crane malfunctions can lead to falling objects, some of which weigh hundreds of pounds and can cause enough blunt force trauma to lead to death or permanent disability.
Bulldozer accidents are common on construction sites, and they can happen in a couple of ways. One, the operator of the bulldozer fails to notice another worker in their path. Two, a bulldozer rolls or tips over while carrying one or more workers.
Fires and Explosions
Fires and explosions are constant risks when using heavy equipment. The burn wounds that result can be devastating, even fatal.
No matter how your heavy machinery accident occurred, you may be eligible to recover many forms of compensation from the responsible party or parties. A San Diego heavy machinery accident lawyer from Buche & Associates, P.C., can investigate your injury, identify who was responsible, and build a thorough, evidence-backed case against them. Our goal is to get you every dollar you or your loved one deserves. For a free consultation and case evaluation in San Diego, call 858-459-9111.
California’s Strict Liability Laws on Equipment Manufacturers
In California, manufacturers have strict liability for injuries that occur from the use of their equipment. This means when you or your loved one suffers an injury because of a defect or dangerous component in a piece of heavy machinery, we do not have to prove that the manufacturer was negligent. We can go after them for compensation even if they exercised due diligence in designing the product, building it, testing it and bringing it to market.
As far as the validity of your claim goes, only two things matter: one, that you were using the product for its intended purpose when your injury occurred; and two, that you did not alter the product in a material way from its original form. As long as these two conditions are met, we can often hold the manufacturer liable for a dangerous or defective piece of heavy machinery.
Premises Liability Laws in California
Depending on the circumstances of your heavy machinery accident in San Diego, the owner or manager of the job site where your injury occurred may also shoulder liability. For instance, if a shaky building foundation caused a crane to fail, or if a sinkhole contributed to a bulldozer accident, we might be able to hold the site owner responsible.
In California, premises liability laws require property owners and managers to keep their premises free from hazards and to shield guests, which include hired workers, from any dangers that emerge.
Given that your injury likely occurred at work, you are probably eligible for workers’ compensation benefits, even if your employer was not negligent. However, do not automatically assume that if your file a workers’ compensation claim and get approved, that you are ineligible to win additional compensation. In many instances, the heavy machinery accident attorneys at Buche & Associates, P.C., may still pursue damages from the manufacturer and the site owner.
Buche & Associates, P.C., Helps You Collect the Full Value of Your Claim
Too often, injured workers are unaware of just how much they are eligible to receive in compensation for their heavy machinery accident. At Buche & Associates, P.C., our job is to educate our clients on the full value of their claim and make sure they receive the full amount. We work on a no-win-no-fee basis, which means we do not get paid until we win money for our clients.
Your heavy machinery accident claim could be worth a significant sum. Our team can help you collect compensation for the following damages and more:
- Current and future medical costs;
- Lost income from not being able to work;
- Reduced future earning capacity;
- Loss of personal property;
- Pain and suffering and inconvenience;
- Loss of enjoyment of life;
- Wrongful death.