$1,350,000 Recovery — Fatal Excavator Accident

Case Study

Result: $1,350,000

What Happened

A ranch outside the Salem area was building a new ATV road when a routine day of work turned into a tragedy that took two lives.

An excavator operator climbed down from the cab but left the engine running. As the operator stood on the machine’s tracks, the transmission became engaged when a lunch box fell on the controls. The operator was thrown to the ground and pulled between the moving tracks.

A ranch manager saw what was happening and did not hesitate. They ran toward the machine to pull the fallen operator to safety. A third worker raced to shut the excavator down, reaching for the red safety handle to stop it. It was not in time. Both the operator and the ranch manager were crushed by a machine that no one was driving.

It was an act of courage that cost a good person their life; someone who ran toward danger to try to save another.

Why the Excavator Moved on Its Own

When investigators pieced the accident together, the cause was as preventable as it was devastating.

According to the OSHA investigation, the operator’s lunch box had fallen onto the machine’s gear lever, bumping the idling excavator into gear. That single movement is what threw the operator from the tracks and set the machine rolling.

The equipment was designed to prevent exactly this. When the control levers sit in neutral, the excavator’s auto-idle drops the engine speed after four seconds; when a lever is moved, the engine climbs back to its dial setting. When EMTs reached the scene, they found the machine set at full throttle, meaning the levers had been engaged, and the safety systems that should have kept the engine calm were never given the chance to work.

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The Case We Built

A death like this is never a simple “accident.” It is the result of choices, and Youd Law’s job was to hold the responsible parties accountable for theirs.

Our investigation established negligence on more than one front:

The equipment was left running and unattended in a way that allowed it to move with no operator at the controls.
The employer failed to properly train its workers on the safe operation and shutdown of heavy equipment.
The employer did not ensure its safeguards were fully effective in protecting employees from a known, fatal hazard; a finding OSHA reached directly.
The employer failed to keep required safety records. OSHA found the employer had not documented or maintained records of the safety meetings where equipment hazards, work conditions, and unsafe practices were supposed to be identified and discussed.

Under federal law, employers have a duty to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” (OSH Act, Section 5(a)(1), the General Duty Clause — U.S. Department of Labor, osha.gov.) Oregon employers also have specific obligations to hold and document safety committee meetings and to keep those records on file. (Oregon OSHA, osha.oregon.gov.) When those duties are ignored, the consequences can be fatal, and the law provides a path to accountability.

The Outcome

Youd Law pursued a wrongful death claim on behalf of the family left behind and recovered $1,350,000. If there had not been a wrongful death cap established by the legislature of $500,000.00 in non economic/pain and suffering damages, the award would have been even larger. The portion of the award above $500,000.00 represented lost future earnings.

No settlement can undo a loss like this. What it can do is provide security and stability for the people who counted on the person they lost and send a clear message that cutting corners on safety has consequences.

See more of Youd Law’s case results.

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At Youd Law, we pride ourselves in offering unmatched service. Lance and his staff are responsive and respectful, providing efficient, expert assistance in a kind and courteous manner.

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K H Family Family Law 2019

I wouldn’t want to go up against you Lance. Thanks to you and your team for your hard work.

KW July 2019

It’s been a long battle and I want you to know I appreciate all you have done.

RD July 2019

God answers…..One of our dear friends reached out to a lawyer she knows for me. What a great man! He contacted me and spent over a half an hour on the phone answering my questions.

D & D FAMILY LAW 2019

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