Atlanta Crush Accident Lawyer

Crush accidents, which involve a person being compressed between two objects or surfaces, can result in severe injuries, leading to significant medical expenses, lost income, and emotional trauma. Have you or a loved one been injured in a crush accident? Contact Butler Kahn for professional guidance and representation. Our experienced crush accident lawyers are committed to helping you secure the justice and compensation you need and deserve from those who are responsible. Reach out to us at (678) 940-1444 or get in touch with us online to arrange a consultation.

When you or a loved one has been involved in a crush accident, understanding your legal options is important. Below, Butler Kahn provides helpful information regarding the nature of these accidents, including who could potentially be legally at fault for them.

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Types Of Crush Accidents

  • Industrial Crush Accidents: Industrial crush accidents typically happen in factories, warehouses, or similar work environments. These accidents often involve heavy machinery or equipment. For instance, a worker might get trapped between moving parts of machinery or be crushed under a large object that has fallen or tipped over. These accidents can cause serious injuries, such as broken bones, internal injuries, and in severe cases, can be fatal.
  • Vehicle-Related Crush Accidents: Vehicle-related crush accidents occur when a person is trapped between vehicles or between a vehicle and a stationary object. This type of accident is common in road traffic collisions, where a pedestrian, cyclist, or motorcyclist is crushed against another vehicle or a wall. The severity of injuries in these accidents can vary widely, from minor bruises to life-threatening conditions.
  • Construction Site Crush Accidents: Construction sites are another common setting for crush accidents. Workers can be crushed by heavy materials, such as concrete slabs or steel beams, or caught between construction vehicles and walls. These accidents are particularly dangerous due to the weight and size of the materials and machinery used on construction sites. Common injuries include fractures, spinal injuries, and crush syndrome, a medical condition caused by major crush injuries.

Causes Of Crush Accidents

  • Unsafe Working Conditions: Unsafe working conditions are a leading cause of crush accidents, especially in industrial and construction environments. This can include poorly maintained equipment, inadequate safety measures, and lack of proper training for employees. For example, if safety guards on machinery are missing or malfunctioning, workers are at a higher risk of getting caught in the machinery.
  • Equipment Malfunctions: Equipment malfunctions can lead to crush accidents when machines operate unpredictably or fail to work as intended. This can be due to manufacturing defects, wear and tear, or improper maintenance. For instance, a forklift with faulty brakes can roll back unexpectedly, crushing a worker against a wall or another object.
  • Human Error: Human error is another significant factor in many crush accidents. This can involve mistakes made by operators of machinery, drivers, or other workers. Examples include not following safety protocols, operating equipment without proper training, or distracted driving.

Common Locations For Crush Accidents In Atlanta

  • Construction Sites In Atlanta: Atlanta, known for its continuous development and construction projects, has numerous construction sites across the city. These sites are common places for crush accidents. Workers might be injured by heavy machinery, building materials, or in collapses.
  • Industrial Areas: Atlanta’s industrial areas, such as those around the Hartsfield-Jackson Atlanta International Airport and along the Chattahoochee Industrial corridor, are also hotspots for crush accidents. Factories and warehouses in these zones use heavy machinery and store large quantities of goods, creating environments where industrial crush accidents can easily occur.
  • Busy Roadways And Intersections: Atlanta’s roads and highways, particularly during peak hours, are notoriously congested. Areas like the Downtown Connector, where I-75 and I-85 merge, or busy intersections in Midtown, are prone to vehicle-related crush accidents. Pedestrians, cyclists, and motorcyclists in these areas are at risk of being crushed between vehicles during accidents.
  • Retail Environments: Retail environments, including large shopping centers like the Lenox Square and Phipps Plaza, can also be sites for crush accidents. These incidents might involve customers or employees and can be caused by falling merchandise, overcrowded spaces, or malfunctioning equipment like escalators or automatic doors.

Potential Liable Parties In A Crush Accident

When a crush accident occurs, determining who is responsible, or liable, is an important step that victims must take when crafting a legal response. The liable party is the one who is legally responsible for the harm caused.

  • Employers And Business Owners: In cases where the crush accident occurs at a workplace, such as a construction site or factory, the employer might be liable. This is especially true if the accident was due to unsafe working conditions, lack of proper safety equipment, or insufficient training. Similarly, business owners can be held liable for accidents that happen in their premises, like in a store or warehouse, if it is found that they didn’t maintain a safe environment.
  • Manufacturers Of Equipment: If the crush accident was caused by malfunctioning machinery or equipment, the manufacturer of that equipment might be liable. If a defect in the product caused the accident, the manufacturer could be held responsible for the harm caused.
  • Other Individuals: In some cases, another individual, such as a driver in a vehicle-related crush accident, might be liable. If their negligence or reckless behavior led to a crushing accident, they could be held legally responsible. This is often the case in road traffic accidents where a pedestrian or cyclist is crushed.

It is important to note that with crush accidents, several parties could be liable, depending on the circumstances of the accident.

Filing A Lawsuit Or Insurance Claim For A Crush Accident

If you’ve been involved in a crush accident, you might consider filing a lawsuit or an insurance claim to seek compensation. This process involves several steps and considerations. Initially, you might file an insurance claim. This could be with your own insurance company or the insurer of the party you believe is at fault. The insurance company will investigate the accident and decide whether to offer you a settlement and how much to offer. Insurance companies like to protect their bottom line. As a result, you should never agree to the terms of a specific settlement until your attorney has reviewed it to make sure that it is fairly valued.

If the insurance claim doesn’t provide sufficient compensation, or if the insurance company denies your claim, you might choose to file a lawsuit. In a lawsuit, you’ll need to prove that the other party was liable for the accident and your injuries. This involves gathering evidence like accident reports, witness statements, and medical records.

Keep in mind that because many crush accidents could be work-related, Georgia’ workers’ compensation coverage might come into play. This might affect the compensation and benefits that the injured person receives.

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Damages In Crush Accident Cases

When seeking compensation through a traditional insurance claim or personal injury lawsuit, various types of damages might be available:

  • Medical Expenses: You can claim compensation for all medical expenses related to the crush accident. This includes hospital bills, cost of medication, and any future medical care required.
  • Lost Wages: If the injury caused you to miss work, you could be compensated for lost wages. Additionally, if the injury affects your ability to work in the future, you could claim for lost earning capacity.
  • Pain And Suffering: This covers the physical and emotional distress caused by the accident. Calculating pain and suffering damages can be complex, as it involves assessing the impact of the injury on your quality of life.
  • Punitive Damages: In some cases, where the conduct of the liable party was particularly reckless or egregious, punitive damages might be awarded. These are meant to punish the wrongdoer and deter similar behavior in the future.

Different types of damages/benefits may be available based on the circumstances of your injury. For instance, you may be entitled to workers’ compensation benefits if your accident occurred while you were engaging in work-related activities.

Frequently Asked Questions

What Should I Do Immediately After A Crush Accident?

In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. It’s important to act promptly, however, as you’ll want your lawyer to start gathering evidence and building your case right away. 

Liability in a birth injury lawsuit can fall on various parties, including obstetricians, nurses, anesthesiologists, hospitals, and in some cases, pharmaceutical companies. Determining liability requires proving that the standard of medical care was not met, and that this failure resulted in the birth injury.

Liability in a crush accident can vary depending on the circumstances. Potentially liable parties include employers, property owners, machinery manufacturers, or other individuals like drivers in vehicle-related accidents.

Yes, in Georgia, you can still claim compensation even if you are partly at fault. The state follows a modified comparative negligence rule, meaning your compensation will be reduced by your percentage of fault. You will only be precluded from seeking compensation if you were 50% or more to blame for what happened. However, this rule does not apply in cases of workers’ compensation coverage, as the coverage generally applies regardless of who is at fault for an accident that occurs while the injured worker is on the job.

In a typical lawsuit, compensation covers medical expenses, lost wages, pain and suffering, and related losses. The amount varies depending on the severity of your injuries and other factors related to the accident.

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Contact Butler Kahn Atlanta Crush Accident Attorneys

Injured in a crush accident? Hiring an experienced personal injury attorney can significantly improve your chances of a favorable outcome. A lawyer can help navigate the legal process, negotiate with insurance companies, and work to ensure that your rights are protected. Contact Butler Kahn Crush accident lawyers at (678) 940-1444 or reach out to us online for a consultation. Our team is dedicated to helping you understand your rights and will work tirelessly to seek the justice and compensation you deserve.

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Meet Jeb Butler

/ PERSONAL INJURY ATTORNEY

It’s pretty simple: a lawyer should be good at what he does, care about his clients, and live up to his word. That is how we have built this firm.

I’ve been handling exclusively personal injury and wrongful death cases for over ten years. Before that, I worked as a prosecutor, public defender, federal law clerk, and (briefly) as a civil defense lawyer. In law school I argued on the National Moot Court team, published on the Law Review, and graduated magna cum laude. Doing well in law school opened lots of doors for me but it was not until I started my own law firm handling serious injury cases that I opened the right one.

What I learned before law school has mattered the most. I learned to work hard, for a long time, at jobs that were not glamorous. I shoveled sod, mucked stalls, fed horses and cows, cut grass, and ran a weed-eater. I learned to weld and drive a tractor. I learned about pride in a job well done.

That is what drives me now. I want to win my client’s case, look them at the eye at the end when we deliver the check, and know that my firm has lived up to its word of delivering top-tier legal work and top-tier client service.

Meet Matt Kahn

/ PERSONAL INJURY ATTORNEY

Meet Matt Kahn

PERSONAL INJURY ATTORNEY

If you’re on our page looking for a personal injury lawyer, you and your family have likely suffered a serious loss. This page probably isn’t the first law firm website you’ve visited. Let me tell you what we can do for you.
The three most important things you should look for in a lawyer are experience, work ethic, and communication.

  • Experience – I’ve dedicated my career to fighting for people and families who’ve suffered unimaginable losses by focusing solely on personal injury and wrongful death cases. It’s all we do at Butler Kahn.
  • Work Ethic – I fight for my clients around the clock. My day doesn’t end at 5:00 p.m. When I take on a case, that case becomes a significant part of my life. Why shouldn’t it? It’s certainly a significant part of yours.
  • Communication – Each of my clients have my cell phone number. If you want to talk to you lawyer, you should be able to on your time.

You need real lawyers who handle serious cases. That is what Butler Kahn does.