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Indiana Construction Accidents Involving Heavy Machinery Legal Steps to Take

If you or a loved one has recently been involved in a construction accident involving heavy machinery, you may be feeling overwhelmed, confused, or uncertain about the next steps. At this difficult time, it's important to know that you do not have to navigate this situation alone. We understand that accidents like these can lead to physical injuries, emotional distress, and financial burdens. The good news is that legal help is available to guide you through this challenging journey. In this blog, we will provide you with a detailed overview of the legal steps you should take following a construction accident involving heavy machinery in Indiana.
Understanding the Severity of Construction Accidents Involving Heavy Machinery
Heavy machinery accidents on construction sites can be severe and often result in life-altering injuries. Common types of machinery involved in these accidents include cranes, bulldozers, excavators, and backhoes. These machines are often used in situations that require a high level of precision and force, which means that accidents can occur due to mechanical failure, human error, or unsafe working conditions.
In Indiana, construction site accidents involving heavy machinery can lead to serious injuries such as broken bones, spinal cord injuries, traumatic brain injuries, and even fatalities. Workers who are injured on a construction site are typically covered by workers’ compensation. However, in some cases, third-party negligence may also play a role in the accident. Identifying whether your case involves third-party negligence is crucial to understanding your legal rights.
Gathering Evidence Following the Accident
The first legal step in any construction accident case is to gather as much evidence as possible. This is crucial in building a strong case and ensuring that you have the best chance of receiving the compensation you deserve. After an accident involving heavy machinery, the immediate priority is to seek medical attention for any injuries sustained. Once your health is stabilized, it is important to start documenting the accident scene.
Take photos of the equipment involved, the surrounding area, and any visible injuries. If there were any witnesses to the accident, make sure to collect their contact information. Witness statements can serve as critical evidence in your case. Additionally, if the accident was caused by a mechanical failure or unsafe working conditions, obtaining maintenance records or safety violation reports can further strengthen your case.
Reporting the Accident to Your Employer
If the accident occurred on a construction site while you were working, it is essential to report the incident to your employer as soon as possible. In Indiana, workers are required to notify their employer of any workplace injury, including those caused by heavy machinery. Failing to report the accident in a timely manner could harm your ability to file a workers' compensation claim or pursue a third-party liability lawsuit later on.
Your employer should provide you with the necessary paperwork for a workers’ compensation claim. Even if you are unsure whether your accident qualifies for workers' compensation benefits, it is always better to file the claim rather than risk missing out on benefits. Once the claim is filed, the process will begin, and your employer’s insurance company will evaluate your case.
Determining Liability in Heavy Machinery Accidents
When it comes to accidents involving heavy machinery, determining liability can be complex. In some cases, the accident may have occurred because of equipment malfunction or lack of proper maintenance. If the machinery was not properly serviced or had a design flaw, the manufacturer or maintenance contractor could be held liable for the accident.
Another possibility is third-party negligence. For instance, if another party, such as a subcontractor, caused the accident through their actions, you may be entitled to pursue a personal injury lawsuit against them. Additionally, if the construction site was not properly secured or if safety protocols were ignored, the owner of the construction site may share responsibility for the accident.
Understanding Workers' Compensation and Third-Party Claims
In Indiana, workers' compensation provides benefits to employees who are injured on the job. This includes medical expenses, lost wages, and, in some cases, disability benefits. Workers' compensation is a no-fault system, meaning that you do not need to prove negligence to qualify for benefits. However, workers' compensation does not cover all types of damages. For example, it does not allow for compensation for pain and suffering or punitive damages.
If your injury was caused by the negligence of a third party, such as the manufacturer of the machinery or a subcontractor on the site, you may be able to file a third-party personal injury lawsuit in addition to your workers' compensation claim. A successful third-party lawsuit can provide compensation for damages that workers' compensation does not cover, such as pain and suffering, emotional distress, and punitive damages.
Consulting With a Legal Professional
Navigating the legal complexities of construction accidents involving heavy machinery requires knowledge of both workers' compensation law and personal injury law. If you have been involved in such an accident, it is highly recommended that you consult with an attorney who can guide you through the process and help you make informed decisions.
At our firm, we understand the challenges and frustrations that come with a construction accident, and we are here to help you. Our team is committed to helping victims of construction accidents achieve the best possible outcome for their cases. We will investigate the accident thoroughly, gather all necessary evidence, and work tirelessly to pursue the compensation you deserve.
The Importance of Timely Action in Your Case
Time is of the essence when it comes to construction accident cases. In Indiana, the statute of limitations for personal injury claims is two years from the date of the accident. This means that you must take legal action within two years, or you may lose your right to file a lawsuit. It is also important to act quickly in order to preserve evidence, as the construction site may be cleaned up or altered after the accident.
In addition to the statute of limitations, insurance companies often try to settle claims quickly and for the lowest possible amount. Having an experienced attorney on your side can help you avoid settling for less than you deserve. Your lawyer will negotiate with the insurance company, gather evidence, and, if necessary, take your case to trial to ensure that you are fully compensated for your injuries.
At Wyant Law, we understand the physical, emotional, and financial toll that a construction accident involving heavy machinery can take on you and your family. We are committed to helping you navigate the legal process and securing the compensation you deserve. Whether you need assistance with a workers' compensation claim, a third-party liability lawsuit, or both, our team is ready to help.
If you have been involved in a construction accident, don’t wait to take action. Contact us today to schedule a consultation and find out how we can help you get the compensation you deserve. You don’t have to face this challenge alone, and we are here to help you every step of the way.
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PROPERTY LIABILITY
ADDRESSING UNSAFE OR DANGEROUS PROPERTIES IN KENTUCKY & TENNESSEE
Before you even step foot on someone else’s property, you have an expectation that the property is safe. You don’t expect that any harm will come to you or your loved ones. But when a property owner fails to maintain safe premises or ignores potential dangers, they’re putting you and others at risk of serious injury or something far worse.
This is without a doubt negligence. You do not have to stand for this.
Property owners have the duty to ensure safe premises. When they fail in this duty, people can suffer serious or life-changing injuries as a result. When property owners ignore obvious signs of hazards, they put their needs before the safety of others.
People’s lives matter. We take great pride showing that in every personal injury case we take on.
WE PUT THE LAW ON YOUR SIDE AND HELP YOU SEEK THE DAMAGES YOU’RE OWED
If an unsafe property caused your injuries or if the negligence of a property owner cost the life of someone you loved, you don’t have to suffer in silence. You have the right to hire an experienced attorney and hold the guilty party responsible.
Our names are Mike Breen and William Williford, and we’ve successfully handled hundreds of cases in Kentucky and Tennessee involving injuries and deaths caused by dangerous properties. We can do the same for you. Over our careers we’ve seen:
Careless property owners fail to remove hazards that have led to everything from slip-and-falls to animal attacks
Unsafe working conditions that have led to serious injuries, like broken bones, or more catastrophic injuries such as traumatic brain injuries
Negligent owners poorly maintain their properties or provide inadequate security, resulting in injuries and attacks
Irresponsible nursing homes hire inexperienced and untrained staff who have put elderly lives in incredible danger
Hospitals hire inattentive medical staff who cause medical mistakes that deeply affect victims and their families
Every victim of a dangerous or unsafe property deserves fair compensation. We make sure they get that, even if it comes at a cost to us.
YOUR LIFE MATTERS TO US — CONTACT BREEN & WILLIFORD, INJURY LAWYERS, P.S.C. FOR HELP TODAY
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If you or your loved one have faced a construction site injury, you seek assistance from an Injury Attorney who can help you win a case and even get you compensated up to 100%.
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Construction Accident Injury Attorney | Bronx, NY
Bronx construction accident attorney at Construction Accident Law Resource carries significant risks of injury to construction workers.
For more details, click here: https://bit.ly/2NbZ1JZ
#constructionaccidentlaw#constructionaccidentsattorney#constructioninjuryattorney#constructionsiteaccidentsattorney
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CARELESS COMPANIES
CARELESS COMPANIES, LIKE PEOPLE, SHOULD BE HELD ACCOUNTABLE FOR THEIR NEGLIGENCE
Whether you’re using a product, stepping onto someone else’s property, placing a loved one in a nursing home or doing your job at work, you have an expectation of safety — that you or your loved one will not be harmed in any way.
Unfortunately, not everyone cares as much about other people’s safety as we do. Some people don’t even think about how their negligence will impact other lives.
Because of this carelessness, any situation, or even the products we use every day, can lead to injury or death. We’ve seen individuals forced out of work and even entire families become injured because of someone else’s negligence. This can cause emotional and financial devastation. We’ve even seen uncaring insurance companies make the situation worse by placing blame on victims or saying their injuries aren’t that bad.
That’s not okay in our book.
At our law firm, Breen & Williford, Injury Lawyers, PSC, we don’t see you as another case. We see you as a person or family who truly needs help in addressing their legal needs. We are there for you during your time of need because we truly care about you and your family, and getting you through the most difficult time of your life.
We don’t like seeing victims and their families get taken advantage of by the people who are supposed to be helping them. That’s why we always give honest evaluations and am straightforward about the process of recovering damages.
HOW WE HELP YOU HOLD CARELESS COMPANIES ACCOUNTABLE
When a company cares more about profits than the safety of its consumers, people get hurt and lives are impacted. This carelessness can result in:
· Defective or harmful products such as lead paint in children’s toys or defective car designs that result in serious or fatal crashes
· Dangerous or poorly maintained properties that put people at risk of slip-and-falls, traumatic brain injuries and/or broken bones
· Nursing home neglect or abuse that can result in injuries – both physical and mental – or a loved one’s untimely death
· Hospitals hiring untrained or negligent medical staff who cause serious injuries or a patient’s death
· Unsafe working conditions that can lead to serious or even disabling injuries
WE'LL HELP YOU PICK UP THE PIECES AFTER A TRAGEDY
If you’re suffering because a negligent company cared more about profits than your life, you should take action and seek the full and fair damages you are owed. You don’t have to do it alone though. I can help.
As personal injury lawyers we’ve handled thousands of injury cases in Kentucky and Tennessee over our career. We know how to hold careless companies accountable and stop further harm to others. Don’t wait any longer. Call our Bowling Green office at 270-782-3030 to schedule your free initial consultation.
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BRAIN INJURIES
BRAIN INJURIES
HELPING INDIVIDUALS & FAMILIES RECEIVE JUST COMPENSATION
Brain injuries resulting from any sort of accident have profound effects. An injury to the brain can cause anything from significant and permanent personality changes to the complete inability to care for oneself in even the smallest way. Some people with brain injuries may be in what is called a persistent vegetative state and are unable to do anything.
The science of brain injuries has made great advances in the last 10 years. Medicine is now more able to accurately diagnose and treat the causes of brain injury. The good news is that in many instances early medical treatment can prevent or lessen the effects of brain trauma. Any accident that results in brain injury demands an immediate investigation. Just like any serious or catastrophic injury the time and talent of a seasoned law firm must be brought in immediately to determine who the responsible parties are and hold them fully accountable.
OUR PERSONAL INJURY LAWYERS MIKE BREEN AND WILLIAM WILLIFORD CAN HELP YOU
Our injury lawyers and staff want to help you, in the unfortunate event that you need our help. Just e-mail or call us for a free, no-obligation, confidential consultation.
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CATASTROPHIC INJURIES ARE LIFE-CHANGING
If practicing law has taught us anything, it’s that every injury case is different. Anyone can easily suffer serious or catastrophic injuries because of someone else’s negligence. And there are so many ways in which this could happen, such as:
· Collisions with other vehicles
· Medical mistakes caused by medical professionals
· Using harmful or defective products
· Slips and falls or other incidents on a poorly maintained property
· Neglect or abuse of a loved one in a nursing home
We also know that each of these cases requires its own level of attention, medical care and involvement from experts and investigators. And while some can be handled outside of the courtroom, others need to be taken in front of a judge.
On top of worrying about your or your loved one’s injuries, you may also face challenges when dealing with insurance companies or corporations. That’s because these companies care more about their profits than you. They will try just about anything to get out of paying the fair amount owed to victims and their families.
Careless companies don’t see you the way we see you. We see you as someone who is in pain, out of work and in need of strong legal advocacy. We will make the other side listen to your claim and take it seriously. We won’t let you settle for a lowball figure and we will help you fight back against an insurance company if they deny your claim.
Everyone deserves fair compensation, including you. We can help with that.
From lost limbs to brain injuries, paraplegia to quadriplegia, multiple fractures to shattered bones, not all injuries are the same. People who were once considered productive members of society may suddenly find themselves unable to do their job or even care for their families. We make big-name corporations, negligent drivers and forceful insurance companies understand this by reminding them that there isn’t a one-size-fits-all payout.
A catastrophic or serious injury may stay with a person for life. We will build a case that accounts for your expenses now and later on.
Don’t wait to see what happens. Schedule your free case evaluation today by calling our Bowling Green office at 270-782-3030. We proudly serve the needs of residents in Warren County and all across Kentucky and into Tennessee.
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DEALING WITH THE SUDDEN DEATH OF A LOVED ONE ISN'T EASY
DEALING WITH THE SUDDEN DEATH OF A LOVED ONE ISN’T EASY
We understand how important your loved ones are to you. You’d probably do anything for them. We also understand how upset you’d be if their lives were ripped away from you because of someone else’s careless or reckless actions.
But filing a wrongful death claim can be a challenge, especially if you don’t understand the process or the language used to describe it. This is where attorneys like us, Mike Breen and William Williford, can help.
We cut through the confusion by explaining the process in language you can understand. We also make sure your claim is filed within the statute of limitations. If you try to handle a wrongful death claim on your own, you might miss this window and risk losing your chance to collect money damages forever.
You don’t deserve this pain. You deserve justice. Let us help you get that.
TAKING ACTION AGAINST CARELESSNESS & NEGLIGENCE
As practicing personal injury lawyers we’ve seen how someone else’s carelessness can affect victims and their families. We’ve handled countless numbers of wrongful death cases, including:
Crashes involving cars, trucks, motorcycles, boats and other motor vehicles
Serious incidences involving unsafe homes and businesses
Injuries or deaths caused by defective or hazardous products
Neglect or abuse of an elderly person by nursing home staff
Medical mistakes caused by inattentive doctors or careless hospital staff
We’re attorneys Mike Breen and William Williford, and we empathize with families whose lives have been changed forever by someone else’s reckless or careless actions. We make sure the negligent party is held accountable for their actions and that the victim and their family get justice.
You deserve justice and closure. The negligent party owes you that much at least.
SCHEDULE YOUR FREE CONSULTATION WITH AN EXPERIENCED ATTORNEY WHO CARES
At our law firm, Breen & Williford, Injury Lawyers, PSC, we believe that those who choose to be careless, reckless, negligent or unsafe in Kentucky and Tennessee should be held accountable when their actions lead to the loss of life. We stand by families at their lowest points and do our very best to help them rise above. We do what we can to relieve some of their burdens by taking on the pressure of filing a wrongful death claim swiftly and correctly.
W get results that can lead to closure. Let us do the same for you.
If you live in Bowling Green, elsewhere in Warren County, surrounding areas, or even across the state line into Tennessee, our law firm can help. Call 270-782-3030 now and ask for help. You can schedule your free consultation today and seeking the compensation you’re owed.
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A Trucking Accident Can Upend Your Life In An Instant
A TRUCKING ACCIDENT CAN UPEND YOUR LIFE IN AN INSTANT
An 18-wheeler weighing 70,000 pounds going down the road at 65 mph is just like a freight train moving on land without any tracks. The driver must be professional, well-trained, and safe. When the driver isn’t professional, isn’t safe, or is poorly trained bad things can happen to good people. The person driving the family car, the passenger van, or the SUV almost always loses, and death and catastrophic injuries often result from a sloppy or careless driver.
Unfortunately, some companies and drivers don’t take this seriously. The lure of money is just too much, corners are cut, and people and their families are needlessly endangered. Income from trucking operations is expected to approach $1 trillion by the year 2015, so there is plenty of incentive for some bad operators to break the rules.
NO ONE IS ALLOWED TO BREAK THE RULES
When people are injured or lives are lost in truck tractor-trailer wrecks it is almost always because someone breaks the rules. Here are some of the common violations seen in trucking accidents:
Driver fatigue and error
Cellphone usage
Poor or sloppy maintenance
Driver fatigue
Speeding
Alcohol and drug use
Unsafe shifts and timetables
Faulty vehicle inspections
Mechanical failures
Unsafe equipment
Overloading
Load shifts
Aggressive drivers
Unsafe driving
Excessive or illegal work shifts
Each of these things may lead to vital evidence of carelessness, neglect and rules violations. However, it is not unusual for these items to be neglected and oftentimes evidence fades, memories fade and things get lost.
The trucking companies and their lawyers will most certainly be doing these things. Timing is everything and early action is crucial.
Our firm has been handling tractor-trailer and trucking accident cases for decades. We have the experience and the resources to begin an immediate investigation into the causes of a truck wreck, and protect the rights of the victims and their families. Contact Breen & Williford, Injury Lawyers, PSC with all you trucking injury concerns.
The Federal Motor Carrier Safety Act regulates almost every aspect of driving a big rig, and those regulations set many of the rules that drivers and companies have to follow. Every state, including Kentucky, has its own rules that also must be followed. When the rules are broken, then the law requires that companies pay for their violations.
TIMING IS EVERYTHING
How do you prove rule violations? How do you make sure that critical evidence isn’t lost or destroyed?
In the days following a truck accident or tractor-trailer wreck, most people don’t think about these types of things. They have devastating and overwhelming injuries, and may not be able to take care of themselves. Family members may be rightly concerned with the terrible injuries or wrongful death of a loved one.
Immediate action is critical, and that’s where an experienced lawyer can come in and take over the responsibility of protecting the rights of the victim and the victim’s family. Here’s what a lawyer who has experience with truck and tractor-trailer accidents will want to do:
Demand that the trucking company preserve evidence
Hire a trucking expert
Hire an accident reconstructionist
Keep insurance companies from bothering the family
Take witness statements
Inspect the accident scene and take photos
Interview the investigating police officer
Review the accident report for errors
Obtain 911 call recordings
Demand that the truck driver preserve cell phone and texting records
Obtain the safety history of the company and driver
Criminal records check of the driver
Contact attorneys Mike Breen & William Williford at 270-782-3030 with your trucking accident questions and concerns.
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HELPING INJURED MOTORCYCLISTS ASSERT THEIR RIGHTS & GET JUST COMPENSATION
Motorcycle accidents are special because motorcycles and the people who ride them are unique. Motorcycles give bikers a sense of freedom unlike anything else. But bikers may also be in serious wrecks or spills that aren’t their fault, and the results can be terrible: friction burns from pavement (road rash), fractures, deep cuts and bruises, joint injuries, head, and brain injuries, and other types of injuries that require special and expensive medical care.
WE HELP MOTORCYCLISTS GET THE COMPENSATION THEY NEED TO DEAL WITH SERIOUS INJURIES
Bikers are relatively unprotected and are easily injured. Even with a helmet motorcycle wrecks can still leave bikers and their loved ones with serious and permanent injuries. Bikers can go through car windshields, skid across the pavement, get thrown from the motorcycle into a ditch or on the road surface, or slam into trees, signs, and cars.
Over the years we have helped people recover from numerous motorcycle wrecks in Bowling Green, and throughout Kentucky. Because motorcycle accidents frequently involve severe injuries for the biker it is not unusual to make claims for expenses like:
· High medical bills
· Large income and wage loss
· Rehabilitation
· Permanent injuries and disability
· Terrible pain and suffering and mental anguish
· Funeral and burial costs
CONTACT BREEN & WILLIFORD, INJURY LAWYERS, PSC TODAY
The insurance laws that govern motorcycle accidents can be difficult and confusing. So can the insurance claims. If you or a loved one has been injured in a motorcycle accident, contact Attorneys Mike Breen or William Williford. Put our experience on your side while you recover from your injuries.
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Dangerous Roads Can Bring Devastation
DANGEROUS ROADS CAN BRING DEVASTATION
Kentucky doesn’t exactly have the best track record when it comes to safe roads. In fact, our state has some of the most dangerous roadways, whether by design or because of the people who travel on them. The Interstate 65 corridor between Kentucky and Tennessee is just one of the most hazardous and accounts for potentially thousands of injuries and hundreds of deaths each year, according to the Kentucky State Police.
We don’t see these as just statistics, though. We see the unique, individual lives behind each injury and death.
We understand how jarring it can be to wake up in a hospital bed after a serious collision. Or how devastating it can be to receive that heart-wrenching phone call saying a loved one has been killed in a crash. The last thing on your mind is the desire to deal with an insurance company that couldn’t care less about the pain and suffering you and your family are going through.
Your life might not matter to an insurance company, but your life matters to us. We will make sure your voice gets heard and your legal needs are addressed.
AN ACCIDENT DOESN’T MEAN SOMEONE ISN’T AT FAULT
The word “accident” suggests that unfortunate incidents happen out of the blue or even unintentionally. We don’t believe that’s true in a majority of situations. Many motor vehicle crashes and collisions are the direct results of someone – or even some company – doing something that was unsafe, dangerous, negligent or reckless.
Examples of this would be:
· Car crashes caused by distracted drivers, drunk drivers, design defects and simple negligence
· Truck crashes caused by things like driver fatigue or improper load distribution
· Motorcycle collisions caused by inattentive or careless drivers
· Bicyclist and pedestrian strikes facilitated by poorly designed intersections or drivers failing to yield right of way
· Boating crashes caused by another boater’s negligence or poor signage to indicate underwater dangers
GETTING LEGAL HELP NOW IS JUST A PHONE CALL AWAY
Most people don’t realize that a serious crash or collision can cost them thousands of dollars in medical bills, lost wages, and burial costs. Your injuries may be so extreme that you are left disabled and unable to work.
Only you can make the decision about hiring a lawyer to handle your claim to recover damages.
At Breen & Williford, Injury Lawyers, P.S.C., Mike Breen, William Williford, and staff care about your well-being. We help people pick up the pieces after a crash by seeking the monetary damages they deserve. It’s what we do best.
See whether we can make a difference for you. Contact our Bowling Green, Kentucky office by calling 270-782-3030. We provide assistance to residents across Warren County and its surrounding areas, including Nashville, Tennessee.
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Construction Accident Injury Attorney | Bronx, NY
Bronx construction accident attorney at Construction Accident Law Resource carries significant risks of injury to construction workers.
For more details, click here: https://bit.ly/2NbZ1JZ
#constructionaccidentlaw#constructionaccidentsattorney#constructioninjuryattorney#constructionsiteaccidentsattorney
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