The dangers that are associated with heavy equipment defects could be substantial. Given their sheer size and weight, when a defect occurs it has the potential to have catastrophic results. This is made all the more worrisome due to the recent uptick in high-profile occurrences during which pieces of heavy equipment, such as construction cranes, topple over unexpectedly in the middle of a busy metro street. In nearly all such cases, there are injuries incurred by pedestrians, motorists or the heavy equipment operators themselves. A disheartening number of these accidents have also resulted in a loss of life.
Proving an Injury from Heavy Equipment Defects
Laws vary state by state, but most states require that you prove that all of the following points, or elements, are true in order to win your suit in court.
- You suffered losses or you had an injury.
Near misses in which you narrowly escaped injury do not qualify as a loss or injury. If, for example, you were driving across Manhattan to work and a heavy equipment crane fell in front of your car, but you managed to stop in time, then you likely do not have a claim.
- Heavy equipment defects
If that crane did fall on your car and you were injured as a result, it can be easy to assume that the crane is defective. Without further investigation, though, there is no way to know if this assumption is true. For example, instead of a heavy equipment defect, it could be that the crane fell due to human error or because of an act of Mother Nature such as lightening. Our law firm has experience with separating the facts and determining if your injury was caused by a defect or human error.
- Your injury was caused by the defect
When that heavy equipment crane came crashing down on your car, you might think that you automatically have a claim for damages regardless what you were doing at the time. However, many courts look closely at the way your actions might have contributed to your injuries. For example, did you ignore the signs that the street you were driving down was closed to traffic? Did you fail to obey the directives of the highway worker whose job it is to clear people from the area? Is you license suspended or revoked? Was the car you were driving stolen? These are all important questions that the court will ask and look closely at as they seek to determine fault. Our law firm worked tirelessly to obtain the compensation you deserve.
Know How to Protect Yourself
In order to protect yourself and your best interests, you must act quickly. As soon as you have been injured, you should contact our experienced law firm. If you are not able to contact us yourself, be sure that a trusted confidante does so. The more quickly we learn about your case, the faster we can ensure that you receive the compensation you deserve. Our attorneys can begin to craft a case for you in order to obtain a settlement. This will ease your mind when it comes to paying for hospital bills and your vehicle repair costs.
While you might think that your case is open-and-shut, and that the court will side with your claim of injury caused by a heavy equipment defect, without the experienced legal advice of our legal experts, you might receive only a portion of the compensation that you are entitled to, or you could receive nothing at all. Don’t let that happen to you. Call our law firm today or fill out our free case evaluation form.