At work
Dallas heavy equipment accident lawyer.
Forklifts, cranes, excavators, skid steers and bulldozers cause some of the worst injuries on a job: crushed limbs, amputations, rollovers and deaths. These cases usually come down to three questions: was the operator trained and certified, was the machine maintained, and was the machine itself defective. The answers can point to your employer, another company on the site, a rental company or the manufacturer. We lock down the machine and its records before it is repaired or sent back, and we explain your options in English or Spanish.
Right now
If you were just hurt by a machine.
- 01
Get medical care
Crush injuries can cause damage that is not visible right away. Tell the hospital exactly what machine was involved and how.
- 02
Identify the machine
Photograph the make, model, unit number, serial plate and any rental company sticker. Rental equipment often goes back to the yard within days.
- 03
Note who was operating it
The operator's name and which company he or she works for. It may not be your employer.
- 04
Report it in writing and keep a copy
Send a text or email to your supervisor. If your employer has workers' comp, the notice deadline is 30 days.
- 05
Call us before the machine is fixed
A repaired machine can erase the proof of a defect or of poor maintenance. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Forklift operators
- Must be trained and evaluated, with a re-evaluation at least every 3 yearsSource: 29 C.F.R. 1910.178(l)
- Crane operators in construction
- Must be trained, certified or qualified, and evaluatedSource: 29 C.F.R. 1926.1427
- Earthmoving equipment in reverse
- Needs a working backup alarm or a spotter when the rear view is blockedSource: 29 C.F.R. 1926.602
- Deadline to sue
- Generally 2 years from the injurySource: Tex. Civ. Prac. & Rem. Code 16.003
- Claims against a machine's maker
- Generally barred 15 years after the machine was first sold, with exceptionsSource: Tex. Civ. Prac. & Rem. Code 16.012
Texas law
Who can be responsible for a heavy equipment injury.
Heavy equipment cases often combine a negligence claim against the people who ran or maintained the machine with a product claim against the company that designed or built it.
| Who | Common failures |
|---|---|
| Your employer | Untrained operator, no spotter, rushing the job, no lockout before maintenance. Suable directly if it has no workers' comp |
| Another company's operator | Backing over a worker, swinging a load into someone, driving too fast |
| Owner or rental company | Broken backup alarm, worn brakes, missing guards, ignored recalls |
| Manufacturer | Design that tips or rolls too easily, no rollover protection, poor visibility, bad warnings |
| Maintenance shop | A bad repair to hydraulics, brakes or controls |
Training and certification records matter
OSHA requires forklift operators to be trained and evaluated and crane operators to be certified or qualified. A missing or expired record is strong evidence that the operator should not have been on the machine.
Source: 29 C.F.R. 1910.178A defective machine is a product claim
If the design, the manufacturing or the warnings were defective, the maker and sellers can be responsible under Texas product liability law, even if your employer has workers' comp.
Source: Tex. Civ. Prac. & Rem. Code ch. 82Lockout before maintenance
Workers who are crushed while clearing or fixing a machine are often hurt because it was not shut down and locked out first. Federal rules require energy control procedures for that work.
Source: 29 C.F.R. 1910.147Non-subscriber employers lose key defenses
If your employer has no workers' comp, it cannot defend by blaming you or a coworker or by saying you accepted the risk.
Source: Tex. Labor Code 406.033How we work
How we build a heavy equipment case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Hold the machine
Preservation letters to the employer, the site owner and any rental company so the machine is not repaired, sold or returned to the fleet before it is inspected.
02
Get the machine's records
Maintenance and inspection logs, daily pre-use checklists, rental agreements, recall notices and any onboard data or telematics.
03
Check the operator
Training, evaluation and certification records, hours worked that shift, and the employer's hiring and supervision.
04
Inspect with an engineer
When a defect or maintenance failure is possible, an engineer inspects the machine and compares it with safer designs and industry standards.
05
Measure the lifetime cost
Amputations and crush injuries change a working life. We work with medical experts, life care planners and economists to show the full cost.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”Questions workers ask us.
- I lost a hand or a leg. Can I ever work again?
- Your claim should include prosthetics, therapy, retraining and the difference in what you can earn now. We work with vocational rehabilitation professionals to measure it.
- I was operating the machine. Can I still have a claim?
- Yes. Operators are hurt by defective machines, poor maintenance and unsafe orders all the time. A non-subscriber employer cannot simply blame you.
- I do not have papers. Can I still make a claim?
- Yes, injury claims do not depend on immigration status, and Texas courts have limited the use of status in injury trials. Talk to us privately. What you tell us stays between you and the firm.
Dallas and Odessa
Where we see these injuries.
From our Oak Cliff office on Jefferson Boulevard we see forklift injuries in the warehouses and distribution centers of southern Dallas County and the I-20 and I-45 corridors, and excavator, skid steer and crane injuries on construction and road projects across DFW. Our Odessa office handles heavy equipment injuries on well pads, pipeline right-of-ways and yards in Ector and Midland counties.
FAQ
Questions people ask.
Can I sue if a forklift ran over my foot at work?
If your employer has no workers' comp, you may be able to sue it. If the driver worked for another company, or the forklift was defective, you may have a claim against them even if your employer has comp.
Does the operator need a license to run a forklift or crane?
Forklift operators must be trained and evaluated by the employer. Crane operators in construction must be certified or qualified under federal rules. Missing records are important evidence.
The machine was rented. Who is responsible?
The rental company may be responsible if it rented out a machine with known problems or poor maintenance. The rental agreement shows who was supposed to inspect and repair it.
How long do I have to file?
Generally two years from the injury. A product claim against the maker can also be cut off 15 years after the machine was first sold, with some exceptions. The machine itself can disappear much sooner.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Workplace injuries
- Construction accidents
- Defective products
- Oilfield injuries
- Catastrophic injuries
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.