Free Backhoe Injury Accident Case Evaluation: If you or a loved one has been injured in an accident involving a backhoe, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.
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What’s the problem?
Backhoes are some of the most common types of construction equipment used on building sites today. Using them requires following strict safety procedures, and failure to do so can put both the operator and other people working in the area at risk. Backhoe accidents can arise for a number of reasons, some of the most common being:
- Workers getting hit by the backhoe arm
- Workers getting run over by the backhoe treads
- The backhoe bucket hit live wires and caused electrical accidents
A National Institute for Occupational Safety and Health (NIOSH) review of the Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) data identified 346 deaths associated with excavators or backhoe loaders during 1992–2000 [NIOSH 2002].
A review of these data and of NIOSH Fatality Assessment and Control Evaluation (FACE) cases [NIOSH 2000, 2001] suggests two common causes of injury: (1) being struck by the moving machine, swinging booms, or other machine components; or (2) being struck by quick-disconnect excavator buckets that unexpectedly detach from the excavator stick.
Other leading causes of fatalities are rollovers, electrocutions, and slides into trenches after cave-ins.
No matter how many safety precautions workers try to take, backhoe accidents will continue to happen. If you or a loved one has been injured in an accident involving a backhoe, contact the experienced personal injury lawyers at Schmidt & Clark, LLP today.
Backhoe Accident Results in $725,000 Settlement
In the recent case of Zabielski v. Russell, Plaintiff Keith Zabielski claims he was working for a subcontractor on a retaining wall project at a private residence. Martin Russell, owner of Just Right Construction, was using a backhoe to move a 1,000-pound concrete block.
As the block moved, it slid out of its supportive strap and hit Zabielski in the right knee, causing him severe injuries. Following the accident, Zabielski was forced to undergo arthroscopic surgery, a knee replacement, and hundreds of hours of physical therapy.
To this day, he has difficulty walking and experiences problems with his left knee and back as well. Zabielski is still unsure whether he will be able to work in construction again, and that was his primary source of income.
As a result of these issues, Zabielski filed a lawsuit against Russell and Just Right Construction, alleging failure to properly secure the concrete block with a dual strap fastened to both ends. Additionally, the plaintiff asserted that Russell negligently operated the backhoe.
The defense argued that Zabielski was not hit with the concrete block and that if he had been, his injuries would have been more severe. The parties settled for $725,000.
Related Accidents Lawsuits:
- Construction Site Accident Lawsuit
- Crane and Aerial Lift Injury Lawsuit
- Skid Steer Loader Accident Lawsuit
See all related personal injury lawsuits our attorneys covered so far.
FAQs
Who can be held liable in a backhoe accident lawsuit?
Potentially liable parties include the employer, equipment manufacturer, maintenance providers, site supervisors, and any third parties who may have contributed to the accident.
What should I do immediately after a backhoe accident?
Seek medical attention, report the accident to your employer, document the accident scene and your injuries, and consult with a personal injury attorney.
Can I file a lawsuit if the backhoe was defective?
Yes, if the backhoe had a design or manufacturing defect that contributed to the accident, you may have a product liability claim against the manufacturer or designer.
What evidence is needed to support a backhoe accident lawsuit?
Evidence includes medical records, accident reports, witness statements, maintenance logs, safety inspection records, and expert testimony on equipment defects or safety violations.
Do I have a Backhoe Accident Lawsuit?
The Personal Injury & Product Liability Litigation Group at Schmidt and Clark, LLP law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in backhoe injury accident lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.