Timothy T. Collins, a truck driver from Aldine, Texas was seriously injured when a piece of heavy equipment fell on him. Collins was hired to transport a CAT 375 excavator from Texas to Virginia. The contract called for him to move the equipment without its counterweight attached, which prompted Collins to remove the counterweight after loading the excavator onto his truck. Collins suffered a broken femur, tibia, and a shattered ankle when the counterweight fell unexpectedly.
Collins brought suit against Landstar Ligon, Inc. and Nilex Construction, LLC seeking money damages for pain and suffering, as well as lost income and medical expenses, in excess of $500,000. Injuries caused by heavy equipment are relatively common construction accidents and typically involve damages in this amount or greater.
Tractors, bulldozers and cranes can weigh as much as 20 tons. Because of their massive size and weight, there is a greater possibility of serious injury or death if an accident occurs. The United States Department of Labor estimates that 75 percent of all construction fatalities are caused by heavy equipment. Improperly secured hoists, chains or components not only lead to malfunctioning equipment, they also lead to tragic accidents.
Some human error is nearly always an element in an accident. Because of this, a heightened level of care is necessary anytime heavy equipment is needed on a construction site. OSHA recommends that workers avoid working underneath moving loads and complete detailed safety checks before using heavy equipment. In Timothy Collins' situation, proper instructions for loading and unloading the equipment might have prevented the accident.
If you or a member of your family has been injured in a construction site accident, contact an experienced personal injury attorney to learn your rights and options.
