Forklifts are powered industrial trucks (PITs) that retail centers, warehouses, and construction companies use to move materials and objects. Forklift accidents are common, and they almost always result in personal injury and damage to property.
If you suffered an injury in a forklift accident, an accident lawyer at Adamson Ahdoot LLP can advise you on your options. If need be, your attorney can initiate an injury claim and seek fair compensation.
Common Causes of Forklift Accidents
Being sensitive to the causes of PIT accidents can help to prevent them. Do your best to eliminate risk by avoiding these common causes:
Tipping: Forklifts can tip if construction site workers overload them or drive them up or down steep inclines. A forklift that tips over may fall on people standing nearby, causing injuries or even death.
Failing to chock forklift wheels: When a forklift is standing still, as it does while loading or unloading materials, the operator has to place an object behind each wheel and engage the brake. Chocking the wheels prevent it from rolling.
Insufficient maintenance: Warehouse or construction site management has to maintain each forklift’s hydraulics, brakes, and wheels to prevent accidents.
Reckless operation: One of the most common causes of forklift accidents and injuries is reckless operation. A person in control of a forklift should exercise due care to prevent a forklift accident and injuries.
A forklift accident may result in several potential causes for legal action. If you were involved in one of these accidents, you want a forklift accident lawyer you can trust. You need someone with experience in these matters who will do a thorough investigation to determine the available claims.
If you have a forklift accident injury, workers’ compensation insurance may pay your medical expenses, provided that you use a doctor that the insurance company approved. Workers’ compensation amounts to about 66% of your lost wage, and you may also receive a cash settlement award if you are disabled after the accident.
A third-party lawsuit is an injury claim you file against a natural person or entity other than your employer. In the case of a third-party lawsuit, you have to prove that your injury is a result of the defendant’s negligence. However, you can pursue full compensation for loss of wages, future income, pain and suffering, and other damages.
If the property manager or landowner’s negligence resulted in a forklift accident and injuries, your personal injury lawyer can file a third-party lawsuit to pursue damages, provided that the landowner is not your employer. Premises liability may also extend to other parties in the case of contributory negligence, such as property maintenance contractors.
Forklift accidents can be the result of a design, manufacturing, or warning defect. In this case, all the parties that brought the forklift or its components to market may be liable to pay compensation for injuries and other damages.
In the case of product liability, the accident attorney has to prove :
- The forklift or its components were defective
- The product was defective while in the defendant’s possession
- The plaintiff used the forklift in a reasonably foreseeable manner
- A defect resulted in personal injury or other damages
Wrongful Death Liability
Unfortunately, forklift accidents can result in death. In this case, the deceased’s family members can file a wrongful death suit on behalf of the estate. The estate carries the burden to prove that the forklift accident resulted from the employer’s conduct.
Wrongful death suits after forklift accidents can be complicated. When pursuing compensation on behalf of a loved one’s estate, you need the legal help and representation of an experienced accident law firm such as Adamson Ahdoot.
Steps to Follow After Forklift Accidents
Forklift accidents often result in injuries, and the first thing you should do is seek immediate medical attention. Even if you have minor injuries, call for medical help to prevent the development of serious issues.
You must report all site accidents to a site supervisor or manager by completing an accident report form. Companies should use these forms to prevent future accidents.
After taking these initial steps, start gathering all information about the accident, including witness contact details, CCTV recordings, and photographs of the scene.
You should work with an attorney who has experience with these accidents and can file a claim for damages. Thankfully, a forklift accident lawyer at Adamson Ahdoot LLP is standing by to provide you with any assistance.
Schedule a Free Consultation
If you sustained injuries in a forklift accident, you might feel overwhelmed by the legal jargon and procedures that you have to follow. Additionally, insurance companies are notoriously difficult to deal with, and you can rest assured that any miscalculations they make will not be in your favor.
Choose a reputable injury law firm in California with an excellent track record. You want a persuasive litigator to represent your interests and pursue maximum compensation for your injuries.
Choose Adamson Ahdoot LLP to represent you. Call our office at (800) 310-1606 to schedule a free consultation with an accident attorney.