Atlanta Forklift Accident Lawyer

About Forklifts

A forklift is a powerful vehicle used in various industries to lift and move heavy materials. This equipment has a front-mounted forked platform that can be raised or lowered to handle loads. Forklifts are essential in facilities to transport goods and materials efficiently.

Some well-known manufacturers of forklifts include Toyota, Komatsu, Linde, and Mitsubishi. Each of these companies produces a range of forklift models that cater to different needs, such as indoor use or rough terrain handling. While each manufacturer has its unique features, all forklifts serve the same basic function of lifting and moving heavy materials.

Forklift Accident Types

Forklift accidents come in many forms, each with its own risks. Tip-overs are one of the most common types. These happen when a forklift becomes unstable and falls over, often due to carrying heavy or uneven loads. Collisions are another frequent accident type. These occur when a forklift crashes into objects, structures, or people. These can lead to serious injuries or damage.

Falls from forklifts are also a significant concern. Workers may fall off the forklift while standing on the forks or a raised platform. This type of accident usually results in severe injuries. Another type is struck-by accidents, where the forklift hits a worker who is on foot. These accidents often happen when the forklift is backing up or turning and the driver doesn’t see the person.

Crushing accidents occur when a worker gets trapped between the forklift and another object. These accidents can cause serious injuries or fatalities. Falling loads are another dangerous type of accident. If the load isn’t secured properly, it can fall off the forklift and hit a worker. Mechanical failures can also lead to accidents. If a forklift’s brakes, steering, or other systems fail, it can result in an accident.

Where Forklift Accidents Happen

In Atlanta, forklift accidents can happen in various places. Warehouses are one of the most common locations. With narrow aisles and heavy foot traffic, the risk of accidents is high. Construction sites are another frequent spot. The busy and often chaotic environment increases the likelihood of accidents.

Loading docks are also prone to forklift accidents. The constant movement of goods and vehicles creates many hazards. Factories and manufacturing plants see their share of accidents too, especially where there is a mix of machinery and forklift activity.

Retail stores with large storage areas, like big-box stores, can also be accident sites. The mix of workers and forklifts moving goods in confined spaces poses risks. Finally, outdoor storage yards where forklifts move materials over uneven terrain are common sites for accidents.

Potential Liable Parties for Forklift Accidents

If you’re involved in a forklift accident in Atlanta, several parties could be responsible. First, the employer could be liable. Employers must provide a safe working environment and proper training for operating forklifts. If your employer failed to maintain the equipment or didn’t train you correctly, they might be at fault. Georgia law requires employers to follow safety standards set by OSHA (Occupational Safety and Health Administration). If they don’t, and an accident happens, they could be responsible.

Second, the forklift manufacturer could be liable if a defect in the forklift caused the accident. Sometimes, equipment has design or manufacturing flaws that make it dangerous. If this is the case, you might be able to hold the manufacturer accountable.

Third, a third-party contractor could be liable. If an outside contractor was responsible for maintaining the forklift and failed to do so properly, leading to the accident, they might be responsible.

Lastly, other employees might be liable. If a coworker negligently handled the forklift, leading to your accident, you could hold them accountable. However, this often ties back to the employer’s responsibility to provide a safe workplace.

Georgia’s workers’ compensation laws usually come into play in these cases. Workers’ compensation typically covers workplace accidents, regardless of fault, providing medical benefits and wage replacement. But if your injury was due to a third party’s negligence, you might have a separate legal claim.

Knowing these potential liable parties helps you understand your options.

Suing Over a Forklift Accident

If you’re a victim of a forklift accident, knowing your legal options is important. Here’s what you need to know about filing an insurance claim or taking legal action.

First, you might need to file a workers’ compensation claim. In Georgia, most employers must carry workers’ compensation insurance. This insurance covers medical expenses and a portion of lost wages if you get injured at work. To start, report the accident to your employer as soon as possible. You usually have 30 days to do this. Then, your employer should guide you through the claims process.

However, if a third party is responsible for the accident, you might need to consider a different legal route. For example, if a contractor who maintains the forklifts did not do their job properly, causing the accident, you could file a lawsuit against them. This is separate from workers’ compensation and could provide additional compensation. You could also file a forklift accident lawsuit against the forklift manufacturer if a defect in the machine caused the accident. In some cases, you might even have to file a lawsuit against a negligent coworker if their actions caused the accident.

You can recover various damages in a forklift accident lawsuit. These include medical expenses, lost wages, pain and suffering, and rehabilitation costs.

Wrongful death claims arise when a loved one dies in a forklift accident. These claims can seek damages for medical costs, funeral expenses, and loss of companionship.

What Victims Should Do After the Accident

After a forklift accident, prioritize your health. Seek medical help immediately, even if injuries seem minor. Report the accident to your supervisor and document everything, including taking photos of the scene and injuries. Collect contact information from witnesses and keep detailed records of medical treatments and expenses. This information will be vital in any future claims.

How Forklift Accident Lawyers Help

A forklift accident lawyer can guide you through the process of seeking compensation. They understand the laws and can help gather evidence, negotiate with insurance companies, and file necessary paperwork. Their goal is to get you fair compensation for your injuries, lost wages, and other damages. By handling the legal aspects, they allow you to focus on your recovery.

Atlanta Forklift Injury Attorney

If you or a loved one has been hurt in a forklift accident, you have legal rights and options. Contact Butler Kahn, PC by calling (678) 940-1444 or contacting us online for a consultation with a skilled forklift accident attorney. We can help you understand your rights and pursue the compensation you deserve. Don’t wait to get the help you need.