Forklifts are essential to many industries, from grocery stores to warehouses and construction sites. However, due to their size and power, they can be incredibly dangerous. Thousands of people are hurt in accidents involving forklifts each year.
Employers must ensure that their employees receive proper training on how to safely operate these machines to prevent accidents from occurring, and they may be held liable if someone is injured. However, forklift accident claims can be complex.
Because corporate entities and several defendants may be involved, obtaining the full amount of compensation for your losses can be an uphill battle. If you find yourself facing this situation, The New York forklift accident attorneys of Morelli Law Firm may be able to help.
Who Can Be Held Liable for My Injuries After a Forklift Accident in New York?
There are several liable parties that could be held responsible. These include subcontractors, the manufacturer of the forklift, the operator, the owner of the forklift, and any other parties involved in the incident.
A NY construction accident lawyer, along with our legal team, will conduct an in-depth investigation to determine who can be held responsible. We must prove liability, which means gathering evidence such as witness statements, photos of the accident scene, and other relevant information.
With this evidence, your forklift accident lawyer in New York City can build a strong case to demonstrate that someone else’s negligence caused your injury and hold them responsible.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Causes of Forklift Accidents
Every year, forklift-related mishaps result in about 100 worker fatalities and 20,000 major injuries, according to the Bureau of Labor and Statistics. According to this data, that means there will be an accident involving one out of every 10 forklifts in the US each year.
Operator training issues account for a quarter of forklift accidents, while a lack of safety gear, warning signs, or other safety flaws may be to blame in some situations. Some of the main causes of forklift accidents include:
- The operator driving off the loading dock
- Cargo falling from the forklift itself
- A person falls from materials that are being lifted or the forks themselves
- A pedestrian is struck or run over by a forklift
- The machine falls between a loading dock and an adjacent unsecured trailer
How to Establish Negligence in a Forklift Accident Claim
You may be wondering what steps to take if you were hurt in a forklift accident and suspect that the operator, manufacturer, or another party was to blame.
Liability or blame in an accident is formally referred to as “negligence.” In most cases, you’ll need evidence that meets the following standards to establish fault:
- A duty of care was owed to you by the other party. The forklift was their responsibility to operate safely, and they did not.
- As a result, they breached to fulfill their obligation. Someone else breached the law by not keeping you from harm.
- The incident happened because of their breach. The accident was the other party’s fault because of their activities.
- As a result, losses were incurred. Because of the other party’s activities, you’ve sustained some sort of harm, either to your body or to your property.
The company or organization that is responsible for the forklifts and operators are required to conduct business in the workplace in a manner that is safe for employees, customers, and anyone else in the area.
When the business, forklift driver, or manufacturer causes a forklift injury accident, an NYC forklift accident lawyer can gather evidence to prove negligence and hold the at-fault party responsible.
How Can the Way a Company Operates Lead to Accidents Involving Forklifts?
It is important to know the reason for your accident in order to establish negligence and secure a favorable outcome to your claim. Factors that can cause forklift accidents that may be considered negligent:
- Factors influencing production, such as time pressure or haste
- Lack of suitable forklift safety equipment, tools, and attachments
- Inappropriate or insufficient training of forklift operators
- Inadequate warnings to pedestrians of a forklift in the area
- Carrying or transporting passengers on a forklift or cargo
- Unsafe speed, acceleration, stopping, reversing, or turning
- Stunt driving, horseplay, and abrupt, unpredictable driving
- Obstacles, bad surfaces, or narrow passageways
- Driving with a raised load
- Problems communicating while working together or sharing a space
- Failure to properly maintain the forklift
Companies must understand that forklifts or powered industrial trucks can be dangerous equipment that can cause serious injuries and death when improperly handled. A forklift accident attorney in New York City will perform a thorough investigation to pinpoint the cause of your accident.
Recoverable Damages in Personal Injury Cases Involving Forklift Accidents
When a person is injured in an accident involving a forklift, they may be entitled to recover damages for their injuries. Depending on the circumstances of the accident, these damages can include:
- Medical expenses
- Pain and suffering
- Lost wages
- Loss of future earnings
- Property damage
Bystanders who were hurt through no fault of their own may be able to file a legal claim for compensation to help them recover financially from their injuries and losses.
However, if you were an employee who was seriously injured on the job, workman’s compensation may not cover all of your damages or the expenses for your medical care.
A forklift accident attorney in New York can help you navigate the worker’s compensation process and may help you file a personal injury claim to recover financial compensation for the entirety of your losses.
Contact a Forklift Accident Law Firm In New York To Learn More
When you’ve been hurt, it’s important to pursue the maximum compensation allowable to ensure that all of your losses are covered. Your life has been seriously disrupted, and you can seek compensatory damages.
We understand corporate legal teams and know how to deal with companies that won’t take responsibility for the damage they have caused. Contact us today to request a free case evaluation.
Our attorneys have helped countless injury victims to recover significant compensation, and we may be able to help you.