Forklift accidents are unfortunately common in the United States, making them a significant safety concern on construction sites and in industrial settings (factories, warehouses, etc.).
According to the Occupational Safety and Health Administration (OSHA), approximately 85 fatalities and 34,900 serious injuries are attributed to forklift accidents each year. The Bureau of Labor Statistics (BLS) reports that there are about 7,000 non-fatal injuries involving forklifts annually that result in days away from work. These statistics underscore the critical need for improved safety practices and regulations. They are also the basis for many forklift accident lawsuits every year. What are the common causes, liability issues, and types of forklift accidents, and what should you do if you have been involved in one at work?
How Forklift Accidents Happen
What causes forklift accidents? Even with the proper training and preventative measures, accidents are still common. Some of the leading causes of forklift accidents include:
- Operator Error: Lack of proper training, inattention, and mistakes by forklift operators are major contributors to accidents.
- Poor Maintenance: Faulty or poorly maintained forklifts can lead to mechanical failures and accidents.
- Overloading: Exceeding the forklift’s load capacity can cause the vehicle to tip over, leading to serious accidents.
- Inadequate Supervision: Lack of supervision and oversight can lead to unsafe practices and increased risk of accidents.
- Obstructed Views: Operators with obstructed views due to large loads or poor layout of the workspace can accidentally strike workers or objects.
- Faulty Parts: Faulty or defective parts can cause forklifts to malfunction, which can lead to unintended accidents.
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877-751-9800Who Can Be Sued If You Suffer an Accident or Death from a Forklift?
In the event of a forklift accident, various parties can be held liable depending on the circumstances and actual causes of the accident. Finding negligence is a major part of a forklift accident lawsuit, and who can be held liable depends on whether you were injured on a construction site or somewhere else, what happened, and many other factors. In general, some of the major parties who can be held liable include:
- Your Employer: Employers are responsible for providing a safe working environment and ensuring that employees receive proper training. They can be held liable if they fail to meet these obligations.
- The Forklift Manufacturer: If the accident was caused by a defect in the forklift, the manufacturer could be sued for product liability.
- Third Parties: Contractors, subcontractors, or other third parties on a job site who contributed to the unsafe conditions can also be held liable.
- Maintenance Providers: If there is a specific company or individual responsible for the maintenance of the forklift, they can be sued if improper maintenance led to the accident.
What Evidence is Needed for a Forklift Accident?
Building a strong case in a forklift accident involves highly technical knowledge and evidence, which is why working with a personal injury lawyer who specializes in construction accidents or workplace accidents is so important. Building a winning case often means piecing together a wide variety of evidence that includes:
- Accident Reports: Internal workplace incident reports from your employer.
- Medical Records: Documentation of injuries sustained, treatments received, and your long-term health impacts.
- Witness Testimonies: Statements from coworkers, supervisors, or other witnesses who saw the accident.
- Training Records: Proof of the operator’s training and qualifications.
- Maintenance Logs: Records of maintenance and repairs conducted on the forklift.
- Surveillance Footage: Video evidence from workplace cameras capturing the incident.
- Expert Testimonies: Insights from safety experts or engineers about the cause of the accident and standard practices.
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877-751-9800What Can You Be Compensated for After a Forklift Accident?
If you or a loved one has experienced an accident at work because of a forklift, there are many types of compensation you can collect. These include:
- Medical Expenses: Including medical treatments, hospital stays, surgeries, rehabilitation, and future medical needs.
- Lost Wages: Compensation for the income lost due to the inability to work during recovery.
- Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
- Disability Benefits: Compensation for any temporary or permanent disability resulting from the accident.
- Wrongful Death Damages: In cases of fatalities, family members can seek compensation for funeral expenses, loss of companionship, and loss of financial support.
Injured in a Workplace Accident Involving a Forklift? We Can Help You Get Justice Today
Forklift accidents can have devastating consequences, leading to serious injuries or even death. Understanding your rights and the steps to take after such an incident is crucial for securing the compensation you deserve. At Morelli Law, we can help you evaluate the specifics of your case. Our team will make a thorough assessment of the details surrounding your accident, including the circumstances, the extent of your injuries, and the potential liabilities. We’ll help you understand the nuances of your case and determine the best legal strategy to pursue, whether that involves negotiating a settlement or preparing for trial.
If negotiations do not end in a fair settlement, we’ll be ready to go to court and fight for you. Our experienced personal injury attorneys will help you navigate the legal process and ensure that those responsible are held accountable. If you or a loved one has been involved in a forklift accident, our dedicated team at Morelli Law is here to provide the support and expertise you need. Get in touch with us today for a free case evaluation.
Call or text 877-751-9800 or complete a Free Case Evaluation form