Backhoe and Loader Accidents
A backhoe is common piece of large equipment at many construction sites, usually responsible for moving copious amounts of earth and materials with the help of large buckets. A backhoe can be an essential component for construction companies. As useful as this vehicle is, it can also be a deadly machine if safety regulations are not strictly followed. These heavy machines are frequently used to excavate trenches for sewer and water pipes, as well as conduits for electrical work or pipes for plumbing work. While this construction equipment is essential to the work being done on these types of projects, they pose a significant risk of serious injuries to those operating the machines, as well as those working near them.
In 2021 alone, the Occupational Safety and Health Administration (OSHA) reported over a dozen deaths due to backhoe accidents. These included workers being crushed by falling materials, pinned by the vehicle against another object, and run over by the loader. The bucket on the front used for digging and moving materials can weigh from 900 to over 4,000 pounds (about twice the weight of a Clydesdale horse), adding yet another hazard to this large construction vehicle.
If you have been in a backhoe accident, you may not know what your options are to recover compensation and hold the liable parties legally responsible. What are your rights and how can you get life back to some semblance of normal? Read on to find out more about backhoe accidents, the injuries that are common after a backhoe accident occurs and legal damages that are often available, and, lastly, what to do after the accident.
TABLE OF CONTENTS
- Liability After a Backhoe Accident
- Causes of Backhoe Accidents
- Injuries from Backhoe Accidents
- What to Do After a Backhoe Accident
- New York Labor Laws Pertaining to Backhoe Accidents
- How Much is a Backhoe Accident Claim Worth?
- Case Study: Local 731 Laborer Receives Compensation for Backhoe Accident
- Legal Help for Backhoe Accidents
Who Is Responsible for Injuries and Other Damages After a Backhoe Accident?
Depending on the circumstances of a backhoe accident, several parties can be legally responsible for injuries and damages. The company that owns the backhoe, the operator of the machinery, and others who could play a part in negligence are all viable defendants who are legally responsible for a backhoe accident. Here are several types of liability (who is responsible) fact patterns in backhoe accidents:
Driver liability
A backhoe is only as good as its driver, especially when it comes to safe operation. Aside from getting the job done, backhoe drivers need to be well-trained and highly aware of their surroundings. OSHA has training requirements for all earthmoving equipment, including backhoes. Driver inexperience or a failure to adhere to safety regulations can lead to significant injury and death both for the driver and their crew. Too often, an inexperienced or poorly trained person is entrusted with operating a backhoe at a construction site. It usually does not end well.
Company liability and vicarious liability
Vicarious liability is a concept where a company is held legally responsible for the actions or inactions of their employee. So, a company can be held legally responsible if an employee operating a backhoe negligently injures another person. A company is, thus, incentivized to make sure their employees are experienced, well-trained and careful employees. There are other ways a company can be held legally responsible.
For instance, if a company has not provided a safe worksite or professionally trained workers, they can be liable for a backhoe accident. If a company does not verify that a worker is certified to operate a loader, and then that worker causes an accident, the company could be held liable for not making sure a well-trained worker was behind the controls.
Company liability due to general negligence
Backhoes require regular maintenance for safe operation. If the vehicle is not properly serviced, faulty mechanisms can cause injury and death. The company is responsible for maintaining vehicles per OSHA (Occupational Safety and Health Administration) standards. This includes checking the backhoe before every shift to make sure that essential elements like emergency brakes, coupling devices, and even the horn are in good working order.
Manufacturer liability
For fundamental issues with the vehicle, the manufacturer could be held liable. Faulty parts that create a dangerous work environment could cause an accident.
Other parties
Other workers or motorists involved in the accident could also be held liable, depending on the circumstances.
Causes of Backhoe Accidents
With a large moving shovel on the front of a backhoe, swiveling parts, and the sheer weight of the vehicle, a backhoe can pose a litany of dangerous scenarios. Here are some of the causes of backhoe accidents that should be prevented at all costs.
- Loading and transportation: Backhoes are transported on truck beds, and the loading and unloading of the backhoe onto the truck can pose crushing hazards. In one example, OSHA reported the death of a landscaper who was crushed by a backhoe while assisting in unloading it from the truck. During transportation to and from the job site, the transporting vehicle is at risk of a rollover accident due to the weight of the backhoe.
- Blind Spots: Without the ability to see fully around the vehicle, a backhoe operator is at risk of moving the backhoe into objects and crew members. If the vehicle has a front loader bucket, it can be difficult for the driver to see objects even right in front of the vehicle. They should move the vehicle slowly and always be aware of blind spots. Victims can be caught under the wheels of a backhoe or pinned between a backhoe and another object.
- Falling Buckets: Loader buckets vary in design to complete different jobs and can be detached from the vehicle by the crew to switch buckets. Falling buckets can cause severe injury and death. In one OSHA report, a one worker detached the bucket to load the backhoe on a truck. The bucket fell on another worker’s foot, crushing three toes that later required amputation.
- Moving buckets: With a loader bucket swinging on the end of a boom, great caution must be exercised to prevent accidents. These heavy buckets have been responsible for serious death and injury on many worksites.
- Vehicle rollover and falling: With a hefty vehicle weight and the job of digging, backhoes are at risk of falling into the holes that they are tasked to dig. Backhoes can slip into large construction holes, or rollover if navigating bumpy terrain.
Injuries from Backhoe Accidents
Backhoe accidents often result in serious injuries, and even death, due to the size and weight of the machines. Here are some of the injuries that can be a result of a backhoe loader accident:
- Spinal cord injuries and nerve damage
- Full-body or partial paralysis
- Broken bones
- Serious brain injuries
- Loss of limbs, fingers, or toes
- Damage to soft tissue, like organs and muscle
- Loss of quality-of-life
- Post-traumatic stress disorder
- Immediate psychological stress
- Death stemming from injury complications
In addition to the horror of physical injuries, victims of backhoe accidents also must endure the devastation and stress of economic, emotional, and mental damages. With serious injuries, a worker is no longer able to complete job duties, and bills pile up. Medical bills related to the accident can exacerbate the stress of trying to pay day-to-day bills to keep the lights on at home. Emotional and psychological damages can impact daily quality of life, limiting activity even further as the victim tries to put together a new life built around severe injuries.
What to Do After a Backhoe Accident
The safety of everyone involved should be top priority. Ensure that danger is over, and that other people are moved out of harm’s way. Medical attention should be sought immediately, but in addition to securing a safe environment, victims should do the following to make sure that their rights are not violated by an accident that could leave them injured:
- File a Police Report: Everyone involved in the accident, including witnesses, should be part of the filing process. Victims should make sure that their perspective is clear in the police report. Later, an insurance company may try to argue against the circumstances of the accident. If the victim is unable to give a statement, a witness should provide one.
- Move Forward with Legal Recourse: Damages, including medical bills, loss of wages, and pain and suffering should be paid by the responsible party. Victims of backhoe accidents should not be responsible for the negligence of another party. They should contact a personal injury law firm to work with a team of experienced attorneys.
New York Labor Laws Pertaining to Backhoe Accidents
As construction accident lawyers, it is essential to understand the laws that govern the use of these machines in representing workers injured by backhoe accidents.
In New York, Labor Law 241(6) requires owners and contractors to provide construction workers with a reasonably safe place to work. To establish a violation of Labor Law 241(6), a violation of the New York State Industrial must be proven. For an Industrial Code section to be a predicate for a Labor Law 241(6) violation, the courts must have found the code to be specific enough to establish a safety violation.
The New York State Industrial Code Part 23, entitled Protection in Construction, Demolition and Excavation Operations, sets forth rules as they relate to the means, methods and equipment in construction related activities. Various sections of the Industrial Code address rules relating to excavators at construction sites.
In the handling of an accident involving construction accidents involving excavators, it is essential that an attorney be experienced in the various sections of the Industrial Code to ensure that the code provision is applicable to the facts of the case and that the courts have deemed the Industrial Code Section to be specific enough to formulate a Labor Law 241(6) violation.
How Much is a Backhoe Accident Claim Worth?
The amount of compensation from a backhoe accident depends on the circumstances behind the incident, what kind of and what amount of insurance is held by the liable parties, and the experience and tenacity of the victim’s attorney.
An accident attorney should be the ultimate advocate for the victim. They should work with the victim’s medical professionals, finance experts, and the insurance companies to investigate how much compensation the victim is entitled to.
Damages are calculated by confirming the many losses incurred by the victim. These can include:
Economic Damages
- Lost time at work
- Loss of work ability
- Potential missed wages
- Visits to the doctor
- Hospital bills
- Ambulance bill
- Cost of emergency room treatment
- Personal care attendant
- Medical equipment like eyepatches and crutches
- Prescription medications
- Burial costs and memorial services
Physical and Emotional Damages
- Post-traumatic stress syndrome
- Physical pain
- Mental suffering due to long-term injuries or death
- Loss of ability to care for self
- Unable to take part in usual activities, sports, and hobbies
Victims should make sure that they have an attorney who will examine each of these types of damages and ascertain the severity of each one. They should ask the victim about how their life and well-being have been affected by the accident, with the goal of returning the victim’s life as close to normal as possible. The heavy equipment accident lawyers at Block O’Toole & Murphy have extensive experience in walking our clients through each step of the process to ensure maximum compensation for damages.
Case Study: Local 731 Laborer Receives Compensation for Backhoe Accident
In a case handled by our firm, a Local 731 laborer was severely injured when he was struck by the bucket of an excavator that was being used to move dirt back into an excavation. The operator of the excavator was moving the arm and bucket of the excavator to backfill the excavation when the bucket of the excavator struck our client.
We were able to secure a substantial settlement for the injured worker based on our knowledge of the Industrial Code, its applicability to excavating machines and the facts of the accident involving our client.
Specifically, we alleged that the owners and contractors violated Industrial Code section 12 NYCRR 23-4.2(K), which sets forth in pertinent part that “Persons shall not be suffered or permitted to work in any area where they may be struck or endangered by any excavation equipment…”. We were able to establish that the owners and contractors violated 12 NYCRR 23-4.2(k), which created an unreasonably unsafe workplace, in violation of Labor Law 241(6).
Legal Help for Backhoe Accidents
Victims of backhoe and loader accidents should have the best legal representation possible to recover compensation. If you or someone you know has been injured by a backhoe, call the personal injury attorneys at Block O’Toole & Murphy. We have recovered over $1.5 billion in compensation for our clients.
Select results in construction vehicle accident cases include:
- $110,000,000 settlement for a cyclist that was paralyzed by falling railroad debris from a crane
- $12,000,000 settlement for a construction worker who was trying to stabilize a crane basket and fell down a 40-foot ventilation shaft
- $3,175,000 settlement for a worker who suffered knee and spine injuries after he was hit by a forklift
- $2,200,000 settlement for a sanitation supervisor who was injured by a front-end loader
- $1.25 Million Settlement for driver who required spinal surgery after he was rear-ended by a front-end loader
Call 212-736-5300 for a free consultation or fill out our online contact form. We serve New York and New Jersey.