Trench Collapse Attorney in Houston
Trench collapses happen in an instant, but their consequences can last a lifetime or even take a life. Most trench accidents are preventable and result from a lack of basic safety standards. When a trench accident occurs in Houston due to negligence, the victims and their loved ones deserve answers, accountability, and maximum compensation under the law for their losses.
At The Callahan Law Firm, we represent hardworking people seeking justice after a trench accident in Houston and throughout the state of Texas. Our team of trench collapse attorneys in Houston has the knowledge and experience to tackle complicated cases and provide you with the support you and your family need during this difficult time.
Contact us online today or call us 24/7 at (713) 589-7767 to learn more in a free consultation with our construction accident attorneys. Our office is conveniently located at 440 Louisiana St #2050, Houston, TX. We can help!
What Are Trench Collapses? Why They Happen and Why They Are Deadly
A trench collapse, or cave-in, occurs when the walls of an excavated trench fail, instantly burying workers under soil and debris. If proper measures are not taken, the soil around a trench can shift without warning, causing crushing injuries, traumatic asphyxiation, or death in a matter of minutes.
Most trench collapses happen because safety standards are ignored or overlooked.
Common causes include:
- Lack of protective systems like trench boxes or shoring
- Improper sloping or benching
- Vibrations from nearby machinery
- Water accumulation weakening trench walls
- Failure to inspect the trench regularly
A single cubic yard of wet dirt can weigh about 3,000 pounds. When a collapse of excavation occurs with workers in the trench, the consequences can be fatal. Workers who survive may face permanent injuries, psychological trauma, and lifelong disability.
Injured in a Trench Collapse? How a Trench Collapse Attorney in Houston Can Help
Trench collapse cases are complex. To understand your legal rights and options, it is critical that you hire an experienced construction accident attorney. Your legal options when pursuing a trench collapse claim will depend on who is responsible and the nature of your employment.
If the injured worker’s employer has workers’ compensation insurance, then the injured employee can make a claim for workers’ compensation benefits, which include medical care expenses from approved medical providers as well as a percentage of lost wages.
In Texas, many construction and industrial workers are employed by non-subscriber employers who do not carry workers’ comp insurance. These are employers who have opted out of the traditional workers’ compensation system. That might sound like a disadvantage, but it actually affords you more rights to sue your employer directly for negligence. A successful trenching accident claim could provide compensation for your medical expenses, lost wages, pain, suffering, impairment, mental anguish, and potentially other damages.
An additional claim that may be made in a trench collapse accident is known as a third-party claim. This is a type of claim made against someone other than the employer of the injured worker. In an excavation case, depending on the facts, a third-party claim may be made against a general contractor, an excavation contractor, equipment manufacturers, and potentially others.
At The Callahan Law Firm, our Houston construction accident lawyers focus on personal injury and wrongful death cases involving non-subscriber employers and negligent third parties, such as subcontractors, equipment manufacturers, or property owners.
We can help you by:
- Offering legal guidance – We can sit down with you to review your case, ask you key questions, and inform you about your best legal options.
- Investigating the collapse – We can conduct an in-depth investigation into the cause of the trench collapse and who is responsible.
- Gathering evidence – Our team will gather crucial evidence, including site photos, accident photos and videos, excavation plans, soil testing reports, Occupational Safety and Health Administration (OSHA) inspection reports, witness statements, equipment maintenance logs, surveillance videos, and other evidence to build the strongest case possible.
- Working with experts – We retain and work with construction safety experts, engineers, medical professionals, and other experts needed to successfully represent you and your family.
- Negotiating and litigating – Insurance companies will attempt to minimize claims and payouts in any way they can. Our trench collapse attorneys in Houston know how to counter their tactics and fight for maximum compensation, whether at the negotiating table or in the courtroom.
What Must Your Employer Do to Keep You Safe in a Trench That Is 5 Feet Deep?
OSHA sets clear safety requirements for trenching operations on construction sites. Once a trench reaches a depth of 5 feet or more, the stricter the requirements become.
For a 5-foot-deep trench, your employer must:
- Install protective systems and proper safety equipment, such as trench boxes or sloping
- Conduct daily inspections by a competent person
- Provide safe access and egress for construction workers
- Keep heavy equipment away from trench edges
- Monitor for hazards like toxic gases and water accumulation
Before excavation begins, employers in the construction industry must meet these requirements, and then continue to ensure they are met. If they fail to do so, they may be liable in a personal injury lawsuit for any injuries or fatalities that result from a trench collapse.
Understanding the 5-4-3-2-1 Rule for Trenching Safety
The “5-4-3-2-1 Rule” is a guideline often used to reinforce key trench safety principles and proper safety protocols based on the depth of the trench.
The rules include:
- 5 feet – Trenches deeper than 5 feet require a protective system unless the excavation is made entirely in stable rock.
- 4 feet – Once a trench is 4 feet deep, employers must provide proper means of access and egress every 25 feet.
- 3 feet – A ladder must project at least 3 feet above the trench for easy access and egress.
- 2 feet – Tools, equipment, and materials removed from the trench should be placed no closer than 2 feet from the trench edge.
- 1 foot – One OSHA-competent person must be at the construction site all the time to identify and mitigate hazards.
What Are the Four Main Types of Trench Collapse?
Trench collapses on construction sites happen in at least four distinct ways. Understanding the type of collapse can help determine who is responsible.
- Shear wall collapse – The sudden collapse of the entire trench wall is the most dangerous and deadly type of trench collapse.
- Spoil pile collapse – Excavated soil placed too close to the trench edge falls back in, potentially burying or injuring workers.
- Slip slide – A small amount of soil from the upper edge of the trench falls in, potentially indicating that a larger collapse is imminent.
- Belly slough – Soil from the bottom of the trench wall gradually slides in, while the top stays put.
What Is the Primary Cause of Death for Victims of Trench Collapses?
The primary cause of trench collapse death is suffocation or traumatic asphyxiation. Thousands of pounds of soil can collapse on a victim in an instant, crushing their chest and restricting their breathing before rescuers can respond.
Other causes of trench collapse death include:
- Blunt-force trauma
- Spinal cord or brain injuries
- Lack of oxygen in confined spaces (hypoxia)
- Drowning, if water is present
Trench collapses are usually so sudden and catastrophic that a timely emergency response can be extremely difficult. If rescuers do not respond immediately, even survivable injuries can become fatal for injured workers.
Contact The Callahan Law Firm and Get the Help You Deserve Today
If you or a loved one has suffered serious or catastrophic injuries in a trench collapse in Houston or elsewhere in the state of Texas, you need an experienced personal injury attorney who can protect your rights. The Callahan Law Firm has a proven track record of representing injured workers in construction accident cases. We have the experience, skill, and resources necessary to get you and your family the compensation you deserve under the law.
Contact us today for a free consultation about your trench collapse claim with a Houston construction accident attorney at our firm.