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You’ve Suffered a Heavy Machinery Accident at Work in Texas: Now What?

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Last Updated: September 24, 2024

All types of jobs carry with them an inherent risk of injury. However, some carry a bigger risk than others. When you work with heavy equipmeAt Rochelle McCullough, LLP, we understand that personal injury law is more than just a practice area — it’s a commitment to advocating for those who have suffered harm due to another party’s negligence. If you have been in a heavy machinery accident in the  Dallas-Fort Worth area, our skilled attorneys are ready and able to help you navigate the legal process smoothly and successfully. Contact us now so that we can begin fighting vigorously for your right to maximum damages.

Why Heavy Machinery Construction Accidents Require a Strong Attorney

Heavy machinery accidents on construction sites are complex, often involving multiple parties and layers of liability. While workers’ compensation may provide some relief, it often falls short in addressing all of your needs, particularly when it comes to damages for intangibles. Typically, workers’ compensation covers medical expenses and a portion of lost wages but does not account for additional damages such as pain and suffering or loss of future earnings. Also, there are caps on lost wage benefits in each state; in Texas, the maximum you can receive weekly is $1,173.81 in 2024.

Having a strong legal team behind you is critical when pursuing claims with a personal injury lawsuit, especially if a third party is involved. One of our knowledgeable lawyers can help you explore all possible avenues for compensation, including claims against responsible parties who are not your employer or fellow employees, such as:

  • Construction site property owners
  • General and subcontractors
  • Manufacturers or designers of defective machinery
  • Architects or engineers whose errors in conception or design created dangers
  • Inspection firms that failed to pinpoint probable risks

Types of Negligence Behind Heavy Machinery Accidents

Heavy machinery accidents can result from various types of negligence, including:

  • Faulty machinery that has not been regularly inspected or properly maintained
  • Operator error due to inadequate training or reckless operation of machinery
  • Poorly maintained work environment
  • Inadequate safety protocol
  • Manufacturing or design defects

Whether you have suffered the horror of having a limb or piece of clothing caught in a machine, been caught between a wall and a large vehicle as it backs up, or some other awful encounter, you can count on receiving the powerful legal representation and empathic support you need from our experienced attorneys.

How We Prove Negligence

To successfully claim compensation for your injuries, we must prove negligence. This involves establishing four key elements:

Duty of Care

We must show that the responsible party owed you a duty of care and was obligated to take reasonable safety measures to avoid harming anyone at the construction site.

Breach of Duty

We must also demonstrate that the responsible party failed to uphold their duty of care by, for example, demonstrating that the offending equipment was not properly maintained or that machine operators were not adequately trained or supervised.

Causation

We must prove that their breach of duty directly caused your accident and injuries. This involves connecting the dots between the negligent action and the harm you suffered.

Damages

Finally, we must establish that you suffered actual financial damages due to the accident, including expenses such as medical bills, lost wages, and other costs related to your injuries.

Severe Injuries Caused by Heavy Machinery Accidents

Heavy machinery accidents often result in severe injuries, including:

In worst-case scenarios, victims of heavy machinery accidents may suffer wrongful death, in which case their closest loved ones are entitled to justice and damages.

Essential Services Our Legal Team Provides

Navigating the legal process after a heavy machinery accident can be overwhelming. At Rochelle McCullough, our legal team provides the comprehensive services you need:

  • Case evaluation
  • Careful investigation of the accident site
  • Identification and interview of witnesses
  • Meticulous examination of police records, medical reports, forensic evidence
  • Determination of liability and any prior negligence on the part of the defendant
  • Consultation with relevant experts who will testify on your behalf
  • Negotiations with insurance adjusters and opposing attorneys
  • Litigation if necessary to secure maximum damages

Damages We Will Fight To Win

At Rochelle McCullough, we are committed to fighting for your right to every dollar you deserve for:

  • Medical costs, past and future 
  • Lost income and earning potential
  • Pain and suffering
  • Disability or disfigurement
  • Loss of quality of life
  • Loss of financial support and companionship (in cases of wrongful death)

If the negligence on the part of the defendant is found to be egregious, our attorney may be able to secure punitive damages as well.

Contact Our Dallas-Fort Worth Construction Accident Attorneys

Being the victim of a heavy machinery accident can be overwhelming physically, emotionally, and financially. This is a time when even the bravest and most independent among us need serious help. That’s why, if you’re in Dallas-Fort Worth, this is the time to contact Rochelle McCullough. We have an impressive record of recovering millions in damages as well as an array of glowing testimonials. Call on us to experience the confidence and calm that comes from working with a tried and true professional.

We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.