The Kansas City metropolitan area has a vast array of economic companies who have factories, warehouses, and construction sites which use forklifts and other heavy machinery to move materials and goods from one place to another. Forklifts are useful in helping transport heavy material, but they are also equally as dangerous and have the potential to cause serious and deadly accidents.
A recent research analysis of forklift accidents showed that over 1,000 deaths occurred due to injuries caused by a forklift over the past 15 years. Included in this figure are forklift overturns, workers walking by who were struck by a forklift, falls from a forklift, and individuals who were crushed.
Injuries can occur from forklifts that do not cause death but serious injuries such as having a foot, hand, arm, or leg trapped by the forklift that requires amputation. Additionally, a forklift may strike an individual causing them to fall to the ground which causes a traumatic brain injury.
American Forklift Accident Lawyer
It is the responsibility of the employers and workers that substantial steps are taking to avoid mishaps and ensure safety of workers and individuals around these types of heavy machinery. There certain guidelines that will help avoid forklift accidents.
- Maintenance and Routine Inspection: Much like semitrucks needing to take care of their vehicles, a forklift should be inspected daily or every time before the start of a shift. An inspection will review the proper functions of the forklift including the warning lights, horn, hydraulic levels, cracks or leaks in the hoses, tire pressure, and that all warning labels are easily read.
- Proper Training: The operation of a forklift is important because it should only be operated by licensed staff who are trained to operate them. Forklifts do not operate like normal vehicle so special training is required to operate them in a safe manner including loading and offloading heavy loads. Without proper training overturns are probable as well as injuries.
- Safety Equipment: Forklifts require that some safety equipment be used by the operators such as hard hats, helmets, seat belts, and other restraint systems.
All forklift-related incidents should be reported to your employer as soon as possible. Make sure that if you are involved in a forklift injury that pictures are taken of the scene, names of the witnesses are secured, and that, when possible, you narrate your version of the story while it is still clearest in your mind.
Forklift injuries can be the cause of negligence on the employer or a product liability on the manufacturer. A product liability claim would be one of a defective design of the forklift, failure to properly warn, defective manufacturing, or something similar. At Bautista LeRoy LLC we handle product liability claims and you can read more here.
At Bautista LeRoy LLC, we have extensive experience investigating and prosecuting forklift accidents. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at 479-208-6614 or contact us online.
Summary
Forklifts handle heavy loads and can be a huge help in work industries such as warehouses, construction sites, and factories. However, there are times when errors happen and they often result in a devastating accident. For years, forklift accidents have changed the lives of many people due to severe injuries and even death. All of this can happen because of:
- Operator trapped in overturn
- Worker struck nearby
- Falls from forks
- Crushing injuries
Even when an individual survives the accident, they can still suffer from amputations or traumatic brain injuries. Recovery often lasts for years and even a lifetime. This just proves how catastrophic a forklift accident can be. That is why workplaces are required to follow safety standards religiously to protect their workers and even bystanders.
- Routine inspections
- Proper training
- Use of protective gear
When a forklift accident happens, report the incident immediately, as it can be an advantage when you file a legal claim. The legal team of Bautista LeRoy LLC can guide you in the process. We can further investigate the accident and calculate damages to secure proper compensation that includes future care. Negligence is often the reason for forklift accidents, and the legal experts from our firm can hold the responsible parties liable. Contact us through www.bautistaleroy-bentonville.com or call 479-208-6614.
Do I have a claim if I was injured by a forklift at work?
Yes, employees can file a workers' compensation claim to recover from an accident. You may also have a separate claim if a third party other than your employer has contributed to the accident.
Is hiring an attorney after a forklift accident necessary?
Not every claim requires the expertise of a legal expert, but having an attorney can be more beneficial. They can guide you in the process, especially if your injuries are severe, insurance companies become difficult and liability is disputed.
Who can be the possible responsible parties for a forklift accident?
Liability will depend on the facts of the accident and usually requires investigation.
- Employer
- Equipment owner
- Contractorm
- Maintenance company
- Another third party
What pieces of evidence are helpful in a forklift accident case?
- Photos
- Witness statements
- Incident reports
- Medical records
- Maintenance records
- Video footage
- Training documents
Can a forklift accident caused by a defective product create a separate legal claim?
Yes, beyond the workplace injury case, there may also be a claim for a defective machine:
- Design flaw
- Manufacturing defect
- Poor maintenance
What qualities should I look for in a forklift accident attorney?
- Communicates clearly
- Investigates thoroughly
- Understands workplace injury claims
- Proven track record
- Trial readiness
