When a backhoe accident occurs, it can be a highly traumatic experience, leaving workers with serious injuries, mounting medical expenses, and a diminished quality of life. In Houston, countless construction sites and industrial projects utilize backhoes and other heavy equipment, and accidents involving these powerful machines can have devastating effects. In these instances, finding a compassionate and skilled legal advocate is essential. At Callahan Law Firm, we recognize that each client’s experience is unique and often fraught with emotional and physical turmoil. Our approach is rooted in compassion and understanding, ensuring that you feel heard and supported throughout the legal process.
With more than 25 years of experience handling heavy equipment accident cases, our firm has developed a deep understanding of the complexities involved, and our Houston backhoe accident lawyer will do whatever it takes to protect a worker’s rights. If you are injured and need help, you can depend on us; contact The Callahan Law Firm today to schedule a free consultation.
Why You Need the Help of Our Houston Backhoe Accident Attorneys
If you’ve been involved in a backhoe accident in Houston, our attorneys bring over 25 years of focused experience to your side. We understand the impact these accidents can have on your life, which is why we take on a limited number of cases; this approach ensures that each client receives our undivided attention and dedication. Our commitment isn’t just about representing you legally – it’s about securing full justice for the significant hardships you’ve endured.
Causes of Backhoe Accidents
The aftermath of a backhoe accident can leave affected individuals feeling overwhelmed and confused as they attempt to navigate their recovery and the legal process that may follow. Understanding the causes of these accidents is crucial, not only for your safety but also for strengthening your personal injury claim. Some of the most common causes include:
- Operator Error: A lack of skill or experience, fatigue, or inattention to surroundings means the backhoe operator is at risk of causing serious accidents.
- Lack of Maintenance and Mechanical Defects: Poorly maintained backhoes or manufacturing defects in the equipment can cause malfunction and subsequent accidents.
- Insufficient Worker Training: Proper training and certification are crucial to avoid accidents. An operator without proper training may not know all the necessary safety measures, increasing the risk of accidents.
- Inadequate Safety Precautions: Failure to adhere to safety guidelines or take necessary precautions can create dangerous work environments.
By identifying the causes of these accidents, you can better understand how to minimize the risks associated with operating backhoes.
Common Types of Backhoe Accident Injuries
When accidents occur, the injuries sustained can be severe and life-altering. As you navigate this challenging time, it’s essential to understand and acknowledge the physical toll these kinds of incidents can take. Some of the most common include:
- Crush Injuries: These can occur when a worker is pinned between a backhoe and another object or surface, potentially leading to crush injuries, broken bones, amputations, or even death.
- Falls From Heights: Falling from a backhoe’s elevated platform due to a rollover or other incident can result in head injuries, traumatic brain injuries, crush injuries or spinal cord damage including paralysis.
- Struck-By Accidents: Workers can be struck by a moving backhoe or its attachments at the job site, causing severe trauma or death.
- Electrocutions: Contact with underground as well as overhead power lines is a serious hazard when operating a backhoe, potentially resulting in electrocution and associated injuries.
- Burn Injuries: Digging in areas that have not been properly marked can result in ruptured gas lines or other underground utilities, causing explosions and fires.
Understanding common causes of accidents and types of injuries is just one element of the equation; if you or a loved one has been injured in a backhoe excavator accident, it’s essential to know what to do afterward as well. This will give you the best chance of obtaining the compensation you need so that you can focus on your recovery.
What Should I Do After a Backhoe Accident?
If you are involved in a backhoe accident, it’s essential to prioritize your well-being and establish a strong foundation for a legal claim that can compensate you and your family for the injuries and damages sustained. The aftermath can be overwhelming, but taking careful actions from the start can make all the difference in your path toward recovery and justice. Here’s what you should do:
- Seek Medical Attention: Even if your injuries seem insignificant, it’s important to get checked out by a medical professional as symptoms may not be immediately apparent.
- Gather Evidence: Take photos of the accident scene, your injuries, and any damage to the backhoe or surrounding property. Collect contact information from witnesses and obtain a copy of any accident reports if available.
- Report The Accident: Notify your employer of the incident and follow any required workplace reporting procedures.
- Consult a Backhoe Accident Lawyer: An experienced attorney will help you navigate the complex legal process and protect your rights throughout your claim.
Following these steps will give you the best chance of obtaining the compensation and justice you deserve and can help your lawyer determine who is responsible for the accident and the resultant injuries.
Who Is Liable for a Backhoe Accident in Houston?
Establishing liability in a backhoe accident can be challenging, as numerous parties may have responsibility. In most scenarios, one of the following parties is at fault:
Driver Liability
The backhoe driver is the first person to look at in terms of responsibility. If the driver’s negligence, such as careless operation led to the accident, they may be found personally liable for any injuries or damages that occurred.
Company Liability – Vicarious Liability
Also, the employer of the backhoe operator can be held liable for the accident through a legal concept known as “vicarious liability.” Also known as “respondeat superior”, it is a legal doctrine that holds an employer responsible for the actions of their employees while they are performing work-related tasks. If the backhoe driver acted within the scope of their employment when the accident occurred, the company can be held responsible for any injuries.
Company Liability Due to Negligence
A company including an employer can be liable for a backhoe accident if it can be shown that they have been negligent in their operations. This might include inadequate training or supervision of their employees, poor maintenance of the equipment, or failure to establish and enforce safety policies and procedures as required by The Occupational Safety and Health Administration (OSHA).
Manufacturer Liability
The manufacturer of the backhoe and other equipment can also be held liable for an accident. This can occur if there is a defect in the design, manufacturing, or warning of the equipment, that renders the equipment unreasonably dangerous.
Backhoe Maintenance Company
Regularly maintaining and servicing a backhoe is essential in ensuring its safe operation. In some cases, a poorly maintained backhoe could result in an accident. If it is discovered that the maintenance company responsible for servicing the backhoe was negligent, they may be found liable for the injuries sustained in the accident.
Leasing Company
In instances where a backhoe is rented or leased, the leasing company has a duty to provide machinery that is safe to use and properly maintained. If the leasing company fails to uphold these responsibilities and an accident occurs, they could potentially be liable for any resulting injuries.
Determining liability can be difficult, but it’s essential to determine the identity of all responsible parties to ensure full compensation under the law.
What Compensation Can Be Recovered for Those Injured in Backhoe Accidents?
When operating a backhoe – or any heavy machinery – it is crucial for workers and construction site managers to exercise caution and adhere to safety regulations. Unfortunately, accidents can still happen despite these precautions, and the resulting consequences can be life-altering for those involved. Seeking monetary damages for your injuries is essential to help you cope with current and future expenses. Types of damages you may be able to recover include the following:
Economic Damages
Economic damages represent the financial losses you incurred due to the incident and injuries. They are quantifiable and generally easier to calculate than non-economic damages. They often include:
- Medical expenses
- Lost wages
- Loss of earning capacity
Non-Economic Damages
Non-economic damages compensate plaintiffs for the intangible losses – the humans damages – they sustained because of the accident. These can be more challenging to fully establish since they are subjective. Some examples include:
- Pain and suffering
- Emotional anguish, or mental anguish
- Physical impairment
- Loss of consortium
- Disfigurement
Punitive Damages
Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future. These damages are not awarded in every claim. In Texas, they will only be awarded if there is clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence.
An experienced heavy equipment attorney can help identify the right party to hold responsible and gather evidence to prove their liability.
How Our Backhoe Accident Attorneys Can Help You Pursue Justice
Experiencing a backhoe accident can be not only physically devastating but also emotionally taxing. During these trying times, having someone in your corner who understands what you’re going through is critical. Here’s why it’s so important to work with our lawyers:
Focus on Personal Injury Law
Hiring an attorney experienced in handling heavy equipment accidents is crucial to ensure you receive the compensation you deserve. Our Houston lawyers have years of experience in personal injury law and are well-versed in handling the complexities of these cases.
Investigation and Evidence Collection
One of the main reasons to hire a backhoe accident attorney is their ability to thoroughly investigate the accident and gather evidence to support your case. Our team of lawyers can work with experts to determine what happened, why it happened, and reconstruct the accident in order to show the jury who is responsible and why. This comprehensive approach increases the chances of success in your case.
Negotiation and Litigation Skills
Our Houston backhoe accident lawyers are skilled in negotiating with insurance companies and opposing parties to secure full and fair compensation for your injuries. We have the experience and knowledge to evaluate and negotiate your claim. And should a lawsuit need to be filed, we will work tirelessly to put together a compelling case and fight for you and your family in the courtroom.
When dealing with the aftermath of a backhoe accident, it’s essential to have compassionate and competent legal representation. Our attorneys will help ensure your rights are protected and that you receive the support necessary for your physical, emotional, and financial recovery.
FAQs
What is the number one cause of accidents with a backhoe?
According to data, rollovers are the primary cause of death among heavy equipment operators, including those involving backhoes. Workers on foot near backhoes are also at risk of being struck by heavy equipment or trucks. There’s also a risk of falling off of a backhoe, which can be a fatal circumstance.
What Other Types of Workplace Injury Cases Does Your Law Firm Handle?
The legal team at The Callahan Law Firm handles claims in a wide range of workplace injury cases, including those that involve:
- Industrial accidents
- Manufacturing accidents
- Construction accidents
- Heavy equipment accidents
- Transportation accidents
- Commercial vehicle accidents
- Pipeline accidents
- Explosions
- Railroad worker accidents
- Oil field accidents, including oil rig accidents
- Maritime accidents and other offshore accidents
Do I Need a Backhoe Injury Lawyer?
In the aftermath of an accident, working with an experienced Houston heavy equipment lawyer who can help you navigate the complex legal process and secure compensation for your injuries is essential.
A skilled attorney will understand the unique aspects of your case and help you determine the best course of action to protect your rights and your future. If they believe you have a case, they will do everything possible to get you the damages you deserve.
How Long Do You Have to File a Backhoe Accident Lawsuit?
In Texas, the general rule for statute of limitations for personal injury cases, including backhoe accidents, is two years from date of the indident or injuries. However, there are exceptions to this rule, which is why it’s crucial to consult an attorney as soon as possible after an accident to ensure your rights are protected.
Waiting too long to pursue a claim and file a lawsuit will result in a loss of your right to seek compensation, even if you otherwise have a valid claim.
I Was in a Backhoe Accident at Work. What Benefits Can I Claim?
If you’ve been injured in a backhoe accident at work and your employer has workers’ compensation insurance, you may be eligible for the following benefits:
- Income benefits
- Medical benefits
- Burial and death benefits
You should still speak with an attorney to determine whether someone other than your employer – a third party – has responsibility for the incident and the injuries. And if that is the case, then additional compensation and damages can be sought above and beyond the limited benefits available in a worker’s compensation claim.
Call The Callahan Law Firm Today for a Free Case Review With Our Legal Team
If you or a loved one has suffered from a backhoe accident or other heavy equipment accident, the road to recovery may seem complex. The Callahan Law Firm is here to support and guide you during this difficult time. Reach out today for a free consultation – our dedicated team will listen, evaluate your claim, and help determine the best course of action under the law for you and your family. We take all of our cases on a contingency basis, so you never have to worry about any up-front legal costs of working with us.
Contact us today to speak with one of our Houston lawyers experienced in representing worker and others injured in workplace accidents.
