Struck-by accidents are the second leading cause of construction fatalities, occurring when workers are hit by falling objects, swinging loads, moving equipment, or construction vehicles. These impacts can cause traumatic brain injuries, crush injuries, and death. Understanding liability for struck-by accidents helps injured workers and families pursue claims against responsible parties including equipment operators, contractors, and manufacturers.

Types of Struck-By Accidents

Falling object injuries occur when tools, materials, or debris fall from elevated work areas and strike workers below. A small tool dropped from 200 feet can strike with the force of a bullet, causing fatal head injuries even with hard hat protection. Proper overhead protection, secured tools, and toe boards prevent many falling object incidents.

Swinging and flying object accidents happen when loads shift during crane operations, materials swing unexpectedly, or objects become projectiles. Improperly secured loads, equipment malfunctions, and communication failures during lifting operations cause these incidents.

Construction vehicle accidents injure workers struck by dump trucks, forklifts, backhoes, and other equipment moving on sites. Limited visibility, no spotters, inadequate traffic control, and inattentive operators contribute to vehicle struck-by incidents.

Collapsing structure accidents occur when walls, scaffolds, or other structures fall onto workers. Inadequate bracing, premature shoring removal, and structural overloading cause collapse injuries that can affect multiple workers simultaneously.

OSHA Requirements Preventing Struck-By Accidents

Hard hat requirements mandate head protection in areas where falling object hazards exist. However, hard hats cannot prevent all injuries—proper hazard control through barriers, nets, and secured materials provides primary protection.

Overhead protection including canopies and debris nets shields workers in areas below elevated work. Barricades prevent access to hazard zones. These engineering controls prevent struck-by incidents regardless of worker compliance.

Tool tethering and material securing prevents objects from falling. Toe boards on scaffolds stop materials from rolling off edges. Tool lanyards keep hand tools attached to workers. Proper securing of loads prevents crane accidents.

Traffic control plans for construction vehicles must address sight lines, speed limits, spotters, and pedestrian separation. OSHA requires that vehicles with obstructed rear views not operate in reverse unless they have backup alarms or observers.

Liability for Struck-By Injuries

Equipment operators bear responsibility for safe operation. Crane operators who swing loads into work areas, forklift operators who strike pedestrians, and dump truck drivers who fail to check mirrors all face negligence liability.

General contractors controlling site safety may be liable for inadequate traffic control, missing overhead protection, and failure to enforce securing requirements. GC site safety responsibilities extend to protecting all workers from struck-by hazards.

Equipment manufacturers face product liability when equipment defects cause struck-by accidents. Cranes with faulty load indicators, forklifts with defective brakes, and equipment lacking proper warnings all create manufacturer liability for resulting injuries.

Other subcontractors whose negligent work creates struck-by hazards can be sued by injured workers employed by different companies. Subcontractors who fail to secure materials or operate equipment negligently face third-party claims.

Crane and Rigging Accidents

Crane accidents cause particularly severe struck-by injuries given the massive loads involved. Crane collapses and dropped loads account for numerous construction deaths annually. Rigging failures, operator error, overloading, and inadequate ground conditions all contribute to crane incidents.

Rigging failures occur when slings, shackles, or other load-securing equipment fails. Improper rigging techniques, overloading rigging beyond capacity, and worn or damaged rigging equipment cause load drops and swinging accidents.

Signal person failures and communication breakdowns during crane operations lead to struck-by injuries. Standard hand signals and clear communication procedures prevent operators from swinging loads into occupied areas.

Evidence in Struck-By Cases

OSHA investigation reports document violations contributing to struck-by accidents. Inspectors examine equipment, interview witnesses, and cite specific failures. These reports establish negligence per se when safety standards were violated.

Equipment inspection records reveal whether vehicles and cranes were properly maintained. Missing inspections, documented defects, and maintenance deferrals suggest negligence when equipment failures cause accidents.

Video footage from site cameras or bystanders may capture accident circumstances. Traffic control plans, safety meeting records, and communication protocols all become relevant evidence in struck-by cases.

Damages and Compensation

Traumatic brain injuries from struck-by impacts may cause permanent cognitive deficits requiring lifetime care. Lost earning capacity for brain injury victims can reach millions of dollars over their remaining work life.

Wrongful death claims provide compensation to families when struck-by accidents prove fatal. Fatal struck-by incidents are tragically common, and families deserve full compensation for their losses.

Conclusion

Struck-by accidents cause serious injuries and deaths that proper safety measures would prevent. Equipment operators, contractors, and manufacturers may all face liability when their negligence causes workers to be struck by falling objects, swinging loads, or moving equipment. Understanding these liability theories helps victims pursue full compensation beyond workers comp benefits.