In crane accident cases, critical evidence can be altered, removed, or destroyed within hours of the incident. The crane may be moved off-site for repair. Electronic data may be overwritten. Site conditions change as work resumes. Weather erases ground impressions. A proactive evidence preservation strategy, initiated the same day the attorney is contacted, can make or break the case.
Evidence That Must Be Preserved Immediately
The Crane Itself
The crane is the single most important piece of physical evidence. It should not be moved, repaired, modified, or returned to service until it has been thoroughly inspected and documented. Specifically:
- The boom configuration: boom length, angle at time of incident, telescopic section positions
- Outrigger positions: Were all outriggers fully extended and properly pinned? What size pads were used?
- The Load Moment Indicator (LMI): What was displayed? Is there a data log? What mode was it in?
- Wire rope condition: Inspect for broken wires, kinking, bird-caging, crushing, or corrosion
- Hydraulic system: Check for leaks, failed hoses, cylinder rod condition
- Safety devices: Anti-two-block switch, swing limiters, boom stops, LMI sensors
- Controls: Position of joysticks, switches, and operating mode selectors
The Rigging
All slings, shackles, hooks, spreader bars, and other rigging hardware involved in the lift must be preserved. Key points:
- Document the rigging configuration as found (photos from multiple angles)
- Preserve the load tags on all rigging components (rated capacity, manufacturer, serial number)
- Check for damage indicators: stretched links, deformed hooks, cut or abraded slings
- Retain the rigging even if it appears undamaged. Lab testing may reveal hidden defects.
The Site
Site conditions change rapidly after an accident. Document and preserve:
- Ground conditions where the crane was set up: soil type, outrigger pad impressions, any ground failure or settling
- The load: what was being lifted, its actual weight, how it was rigged
- Debris field: where components came to rest relative to the crane
- Overhead obstructions: power lines, buildings, other structures within the crane's swing radius
- Measurements: distances from the crane to the impact point, from outriggers to any ground disturbance, boom length and radius
Electronic Data
Modern cranes and jobsites generate significant electronic data that can reconstruct the accident:
- LMI data logs (the crane's "black box"): load, angle, radius, capacity percentage, alarm/cutoff events
- Telematics data: Many crane fleets use GPS and telematics systems that track crane location, operating hours, and equipment status
- Jobsite cameras: Security cameras, time-lapse cameras, or dashcams from vehicles on site
- Cell phone video: Workers or bystanders may have recorded the incident. Identify and preserve these recordings.
- Weather station data: Wind speed, temperature, and precipitation data from the nearest weather station or on-site anemometer
Documents to Request
Send a document preservation and production request to all parties (crane owner, operator's employer, general contractor, and site owner) for:
- Crane inspection records: Daily pre-operation inspection logs, monthly inspections, annual inspections, and the most recent quadrennial inspection
- Maintenance and repair records for the crane, going back at least 2 years
- The lift plan for the lift during which the accident occurred, and any amendments or revisions
- The load chart specific to the crane's configuration at the time of the incident
- Operator's NCCCO certification and employer evaluation records
- Operator's training records, drug test results, and work history
- The rigging plan and rigging inspection records
- Safety meeting records and Job Hazard Analysis (JHA) or Job Safety Analysis (JSA) for the day of the incident
- OSHA logs (300, 300A, 301) for the past 3 years from the crane owner and the GC
- Insurance records and prior claim history
- Contracts between all parties, including indemnification clauses, insurance requirements, and safety responsibilities
The Spoliation Letter
Send a spoliation letter (litigation hold notice) to all parties within the first 24-48 hours. The letter should:
- Identify the specific evidence to be preserved (not just "all documents related to the crane")
- Name the crane by make, model, serial number, and unit number
- Demand the crane not be repaired, modified, or returned to service
- Demand all electronic data be preserved and not overwritten
- Request an immediate site inspection by your expert before conditions change
The OSHA Investigation File
If OSHA investigated the incident (which they do for all fatalities and hospitalizations), you can obtain the investigation file through a Freedom of Information Act (FOIA) request. The OSHA file typically contains:
- Investigator's notes and narrative
- Photographs taken by the investigator
- Witness interview transcripts
- Citations issued and penalties assessed
- Employer's response and abatement measures
The OSHA file can take months to obtain through FOIA, so submit the request early. OSHA citations are not conclusive proof of liability, but they are powerful evidence of regulatory violations.
Engaging a Crane Expert Early
An experienced crane expert should inspect the crane and the site as soon as possible after the accident, ideally within the first few days. The expert can:
- Identify and document evidence that a non-specialist might overlook
- Read and interpret LMI data logs
- Photograph and measure the crane in its as-found condition
- Assess ground conditions and outrigger setup
- Evaluate whether safety devices were functional
- Reconstruct the sequence of events leading to the accident
I've seen cases where the crane was returned to service within 48 hours of a fatal accident, with no inspection photos and no data preserved. By the time the attorney was retained months later, the most critical evidence was gone. Early engagement of a crane expert is not optional. It's essential.
Get Expert Analysis for Your Case
Matthew J. Stull is available for rapid-response site inspections and crane evaluations nationwide. 27+ years of hands-on crane operations experience. NCCCO certified in multiple crane types.
Call (570) 903-7119 or send a message to discuss your case.