A Michigan heavy machinery accident lawyer helps people injured by construction equipment. These injuries occur to both construction workers and innocent victims in construction areas and work zones.
The award-winning personal injury attorneys at The Buckfire Law Firm have the skill and experience required to win big settlements in these tragic cases. Contact us now to start your case.
- Types of Heavy Machinery
- Top Heavy Equipment Manufacturers
- Common Reasons for Heavy Machinery Accidents
- Can I File a Michigan Heavy Machinery Accident Lawsuit?
- How Do I Prove Negligence in a Heavy Machinery Accident Lawsuit?
- Am I Limited to Filing a Workers Compensation Claim?
Types of Heavy Machinery
Heavy machinery is essential for construction, manufacturing, and other industrial processes.
These heavy machines are used for farming, land clearing, road construction, demolition, home renovation, and all types of building projects. They require special training to operate them.
The most common types of heavy machinery are:
- Paving Machines, like asphalt pavers
- Dump Trucks
- Cement trucks
- Boom lifts
Unfortunately, accidents involving heavy machinery often result in catastrophic injuries or even death.
Top Heavy Equipment Manufacturers
The largest heavy equipment manufacturers worldwide are:
- Hitachi Construction Machinery
- Volvo Construction Equipment
- Doosan Infracore
- John Deere
Common Reasons for Heavy Machinery Accidents
There are many factors that can contribute to heavy machinery accidents, including:
- Operator error – Operators must be properly trained and qualified to operate heavy machinery. Failure to follow proper safety protocols, negligence, or recklessness can cause accidents.
- Faulty equipment – Heavy machinery must be properly maintained, inspected, and repaired to ensure that it is safe to use. Failure to do so can result in equipment failure, breakdown, or malfunction that can lead to accidents.
- Workplace hazards – Poorly maintained or unsafe working environments, inadequate safety protocols, and lack of warning signs can contribute to heavy machinery accidents.
- Improper use or handling – Operating heavy machinery in a way that it was not designed for, such as exceeding weight limits or load capacities, can cause accidents.
Can I File a Michigan Heavy Machinery Accident Lawsuit?
If you have been injured because of a heavy machinery accident, you may be able to file a heavy machinery accident lawsuit. To do so, you must prove that another party was negligent or acted in a way that caused or contributed to your injuries or losses.
Our experienced Michigan heavy machinery accident lawyers will gather evidence to support your case. We will obtain all governmental investigation reports, like OSHA and MIOSHA, to find out exactly how your accident happened and why it was preventable.
Our investigators will get witness statements and take photographs of the injury scene, and expert testimony. And we often hire top national experts to provide testimony to support your case.
How Do I Prove Negligence in a Heavy Machinery Accident Lawsuit?
To prove negligence, you must show by a preponderance of the evidence that the accident happened because a person or company did not act in a reasonably safe manner while using the construction equipment. Negligence can also be shown if the injury happened because of defective or poorly maintained equipment. Expert witness testimony is frequently used to prove negligence.
In some cases, it is the lack of proper training of the machine operator that provides the basis for a negligence case. Heavy equipment requires specialized training and ongoing continuing training because of the advances in equipment features, especially when it comes to safety measures.
Am I Limited to Filing a Workers Compensation Claim?
If you were not working at the time and were an innocent victim of a heavy machinery accident, you can file a personal injury lawsuit. Many people are injured in construction areas or by heavy equipment on highways, country roads, and even on private property.
For some workplace accidents, the injured person may be limited under the law to a workers compensation claim only. These claims pay medical expenses, lost wages, and other benefits but do not allow claims for pain and suffering and psychological damages.
However, there are instances where an injured construction worker can also file a personal injury lawsuit in addition to the workers compensation claim. Examples include if the worker is injured by a worker from another company, due to fault equipment, or as result of gross negligence.
How Much Can I Sue For a Heavy Machinery Accident Case?
There is no limit for how much you can sue for if you were injured in a heavy machinery accident. In fact, these cases usually result in large settlements because of the big insurance policies purchased to cover liability cases caused by the equipment and their negligent operators.
Recoverable damages in personal injury cases include money compensation for medical expenses, lost income, in addition to awards for pain and suffering and mental distress.
In addition, claims are made for the loss of future earnings and income caused by disabilities resulting from the accident. We will hire a vocational rehabilitation expert and economist to prove these damages, which are often significant based upon the earning potential of the injured person.
If the accident results in fatal injuries, the surviving family members can pursue a wrongful death claim. These lawsuits compensate the family for the loss of companionship of the loved one, the pain and suffering of the decedent prior to death, and for financial losses suffered by the family.
Examples of Heavy Machinery Accident Settlements
- $16,250,000 for a man run over by a bulldozer at a landfill.
- $5,470,000 fatal heavy equipment jury verdict on a construction site
- $2,940,000 in a dump truck accident wrongful death lawsuit
- $1,800,000 jury verdict for a sound technician struck by a forklift.
Contact a Michigan Heavy Machinery Accident Lawyer Today
If you or a loved one has suffered an injury or loss due to a heavy machinery accident, it’s important to seek legal representation from a skilled and experienced heavy machinery accident lawyer at The Buckfire Law Firm as soon as possible. Our award-winning attorneys will start working on your case immediately to give you the best opportunity for a large settlement award.
We charge no legal fees unless you win your case. It costs no money to get started.
Bob was amazing helping my family. I was always able to contact him whenever necessary and he was very personable. He made everything in the process a breeze! I would definitely recommend him to everyone!
I have known Larry Buckfire for many years. He has assembled an exceptional team of lawyers and support staff who provide top-notch representation for personal injury cases. Aside from his unparalleled legal expertise, Larry’s moral integrity and ethical behavior is beyond reproach. Highly recommended!
WOW… Is the first thing that comes to mind. Bob Lantzy was awesome. Very caring and down to Earth. Was always on top of everything. He immediately came to hospital from leaving a family outing. The firm and Bob is for sure above a 5 star.
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