How can I help with my workers' compensation or car accident case?

Record keeping for out-of-pocket expenses for medical, Rx and other things if kept organized is a huge help. It's not unusual for clients to not provide medical expenses or records to show what wasn't covered by health insurance and what they've paid. When that happens it's almost impossible for the lawyer to reconstruct it. Asking the lawyer to prove a dollar amount without the proper record keeping is like hoping a sailboat suddenly appears on the beach with your name on it. Like the sailboat, prove just doesn't instantaneously appear because you want it to.

Construction Safety: Fellow construction worker killed by crane operation

Today we are going to report the news of a crane accident that took a man’s life. Tomorrow we will look at it as a trial lawyer must, analytically. Between now and tomorrow you can think about where you would find useful information about the crane, information you will need to understand a large piece of equipment that most trial lawyers will never operate, but have to understand.

Here is the news report. The crane’s front outriggers began to suddenly sink into the ground which caused the crane and its boom to fall forward into a wall. As construction workers shouted warnings a welder with his mask on was unable to hear and was killed by the falling boom.

Now consider the worker’s widow comes to you asking for your help to understand if her husband’s death is compensable outside of normal workers’ compensation benefits. Where can you look to become more familiar with the crane’s operation? Assume the crane operator refuses to be interviewed.

First you need to know about the outrigger system. Crane outriggers are part of a crane’s stabilization system. For a good explanation see the diagrams and photographs or outriggers at How Stuff Works.

“The outriggers are only one mechanism used to balance the crane during lifting operations. There are also detachable counterweights that can be placed on the back of the crane on the underside of the cab. These counterweights prevent the crane from tipping forward during operation. The amount of counterweight needed for a particular lift is determined by the weight of the load, the radius of the boom and the boom's angle during operation. The 70-ton Link-Belt truck crane has counterweights that come in 4,000-pound (1,814-kg) sections. Counterweights are only used during lifts; they have to be removed before the truck can be driven. “ www.HowStuffWorks.com

Will this be enough to plead the case?

You can’t plead a case without having some knowledge negligence was likely. Without renting a crane and trying it out in your backyard, where do you get the crane operation education you need? Let’s take that up tomorrow. Until then get online, search, read, think and then do it all over again. Try thinking outside the box.

Trial Work: Construction safety issues lead the trial lawyer to read patent applications.

Today let's take yesterday's post, Construction Safety: Fellow construction worker killed by crane operation to a new level by examining how trial lawyers would go one step further to understanding crane stabilization systems.

The crane’s front outriggers began to suddenly sink into the ground which caused the crane and its boom to fall forward into a wall. As construction workers shouted warnings a welder with his mask on was unable to hear and was killed by the falling boom.

Crane outriggers are part of a crane’s stabilization system. For a good explanation see the diagrams and photographs or outriggers at How Stuff Works.

“The outriggers are only one mechanism used to balance the crane during lifting operations. There are also detachable counterweights that can be placed on the back of the crane on the underside of the cab. These counterweights prevent the crane from tipping forward during operation. The amount of counterweight needed for a particular lift is determined by the weight of the load, the radius of the boom and the boom's angle during operation. The 70-ton Link-Belt truck crane has counterweights that come in 4,000-pound (1,814-kg) sections. Counterweights are only used during lifts; they have to be removed before the truck can be driven. “ www.HowStuffWorks.com

Other more detailed information can be gleened from patent applications where inventors describe the shortcomings of previous patented models and benefits to be obtained from their invention. Trial lawyers are smart to learn this technique of investigation. The outrigger on a crane is a good opportunity to see how this works for a case to determine was it the crane operator or a defective product, or both, that caused the crane to sink. In other words was it unstable ground or a faulty set-up as opposed to a failure of the outrigger or just a poor design. The patent application can also provide you with an understanding of what it is you’re going to be dealing with in this case and how to plead the case. As trial lawyers we don’t know everything there is to know. We are constantly learning so having an inquisitive mind is a good thing. Of course the law is a jealous mistress so be prepared to always be getting prepared.  Here is the patent application.

US Patent 5348171 - Removable outrigger for mobile crane

BACKGROUND OF THE INVENTION

Outriggers for use with mobile cranes and other similar apparatus are necessary to stabilize the crane during lifting operations. Specifically, the outriggers include jacking cylinders with ground engaging pads mounted on opposed laterally extendable support beams. These beams are extended to position the jacking cylinders outwardly in spaced positions with respect
to the vehicle chassis. The jacking cylinders are then extended to bring the pads into engagement with the ground, and raise the vehicle so that the wheel assemblies are lifted from the ground. The full weight of the crane is then supported through the outriggers. Advantageously, the wide spacing of the jacking cylinders and pads serves to provide the required side-to-side stability. Typically, a large mobile crane requires two outrigger units, one attached near the rear of the vehicle frame, the other towards the front. Accordingly, good fore/aft stability is also provided.

As the lifting capacity of the crane is increased, so too is the weight of the crane. Accordingly, the outrigger units must be fabricated for greater strength. This necessitates the utilization of stronger, heavier support beams, elongated frame and reinforcements. As a result, the weight of the outriggers also increases. This increase in outrigger weight, added to the already massive mobile crane weight, presents a well known problem. That is, the largest mobile cranes with outriggers can no longer comply with road weight restrictions in many jurisdictions.

As a result, it has become necessary on these larger cranes to use outriggers that are removable from the vehicle frame. These outrigger units are then transported over-the-road separately, usually on low-boy trailers. Because the front and rear outriggers can weigh up to 20,000
-22,000 lbs., and are generally unwieldy due to their relatively long length, it has proven difficult in the past to efficiently handle them. A key handling concern is the amount of turn-around time required for removal at one working site, and the reattachment at the next working site.

It is already known to construct both the front and rear outrigger units with an elongated box frame that can be securely attached to the vehicle frame and with internal hydraulic cylinders to extend and retract the support beams. Removable lock pins extend through mated apertures in the box and vehicle frames and this provides a significant advancement in the overall handling and attachment process. In fact, cranes with this type of removable outrigger units with removable lock pins have become commonplace in the construction equipment industry in recent years.

Despite the advantage provided by the outrigger units that are securely attached by lock pins, other advances in handling have been slow in coming. The considerable handling drawbacks coincident with the use of these removable outrigger units have had a significant adverse effect on sales of these units. The industry in general has heretofore simply found them to be very difficult to handle; i.e. it is too tedious and time consuming a task to both remove them from, and then reattach them to the vehicle.

Attachment is typically accomplished in three steps. First, using the cable and live mast of the crane or some separate, attendant crane, the outrigger unit is properly positioned with respect to the vehicle frame. This positioning is especially difficult when manipulating the front outrigger that is located under and attached to, the underside of the vehicle. The second step is to manually align apertures in the outrigger and vehicle frame that accommodate the securing lock pins. The large mass and inertia of the outrigger complicates the handling as this alignment takes place. Such a fine adjustment is particularly difficult to make under adverse weather conditions, such as high winds, rain and/or cold temperatures. In the final stages of alignment, the prior art outrigger
units simply defy precise positioning. Inevitably the process requires a two or three man crew for manual intervention to push and pull on the unit for an inordinate amount of timer as it swings back and forth suspended by the crane.

Motoring Safety: Van rollover was caused by tire separation

This past week I discussed legal accident investigations and that referring attorneys need to consider acting sooner rather than later, to refer cases to more experienced counsel. The subject came to mind when a local TV station reported on a van rollover incident showing a separated tread from what was assumed to be from one of the tires. Lawyer to Lawyer Toolbox – Accident Investigation – What do I do with this case?  Joe Saunders commented and even added a post discussing his experience, a post that should also be read. Steve Lombardi’s Piece on Accident Investigation Spot On.

There are good reasons for this one of which is pointed out by the ISP accident investigation report filed. This is a case of tread separation which caused the tire to fail and may have lead to the rollover and crash. Below is the NARRATIVE from the Iowa State Patrol officer, Larson.

VEHICLE 1 WAS TRAVELING NB ON HWY 65. VEHICLE 1 SUFFERED A RIGHT REAR TIRE SEPARATION, WHICH CAUSED VEHICLE 1 TO GO OUT OF CONTROL. VEHICLE 1 SLID SIDEWAYS IN COUNTER-CLOCKISE DIRECTION AND ROLLED INTO THE MEDIAN. VEHICLE 1 CAME TO REST ON IT'S LEFT SIDE FACING A SOUTHEASTERLY DIRECTION. ONE PERSON WAS EJECTED FROM THE VEHICLE 1 DURING THE ROLLING OF VEHICLE AND CAME TO REST ON THE WEST SIDE OF THE HIGHWAY 65 SOUTHBOUND LANES.

The reason for this post is to warn those involved to get that failed tire and to immediately conduct their investigation to secure the separated tire. If not there will be no way to prove this case and that’s the point to attorneys. Don’t take cases where you get in over your head, then delay calling in others with more experience. There are plenty of experienced attorneys in the Des Moines area that can assist.  With eight people injured there may not be enough insurance coverage on the vehicle.

So act quickly and decisively.