Atlanta forklift accident attorney

Forklifts are a necessary part of many jobs, but they’re also quite dangerous – and contribute to each one of OSHA’s “fatal four” workplace accidents:

• Caught-between
• Falls
• Struck-by
• Electrocution

Forklifts, also referred to as lift trucks or powered industrial trucks, help move heavy items from one location to another, balancing the items on two slim tines. The very nature of a forklift makes it dangerous to both the driver and others around them. Forklift accidents typically happen in one of the following ways:

Inadequate training

Driving a forklift requires professional training according to OSHA standards, as provided by the employer. Forklift operators must be evaluated every three years and given refresher training, if necessary. It is also the employer’s responsibility to conduct these evaluations.

OSHA permits employers to develop their own forklift training programs. An employer that cuts corners on forklift training or doesn’t develop a good enough safety training program is liable for any accidents the forklift operator causes.

Unmaintained equipment

The employer is also responsible for keeping the forklift in good, safe condition. A malfunctioning piece of equipment – say, one with faulty brakes – is a danger to everyone nearby.

Your employer may not be entirely responsible for a forklift accident that happened because the truck malfunctioned. Suppose the company hires a third-party maintenance contractor to repair and maintain the forklift and believes in good faith that the repairs were completed correctly.

In that case, your Atlanta forklift injury attorney may also name the mechanic as a defendant in your forklift injury suit because they contributed to the negligence that caused the injury.

Insufficient safety measures

Failure to enforce best practices for forklift operators opens up a workplace for accidents. A lack of safety measures leaves forklift operators and bystanders vulnerable to accidents. Companies are responsible for setting their own safety policies within OSHA guidelines. Lack of safety oversight from a site supervisor means the company is liable for any accident.

Overloading

Part of forklift training is preventing overloading and properly balancing loads. Some reckless employees may cut corners by overloading, trying to finish a job faster, or making fewer trips. Workplace supervisors who permit this may be just as much to blame as the employee.

Speeding

It can be tempting to race around a distribution center or do donuts in a forklift – but speeding in one of these heavy equipment trucks is a lot more dangerous than speeding in your own truck.

Forklift operator training includes knowing the maximum speeds for a loaded or unloaded vehicle – and again, it’s also the employer’s responsibility to properly supervise workers to ensure they’re traveling at safer speeds.

We noted that forklifts contribute to injuries in each of the OSHA Fatal Four most deadly workplace accidents. To be more specific, forklift accidents cause any number of catastrophic injuries, including:

• A driver with limited visibility because of the load may drive into a trench or pit, causing a rollover accident. The driver may end up crushed beneath the forklift.
• Workers standing on the loaded pallets or forklift tines could fall from heights, especially without proper fall protection safety gear like a body belt or harness. Falls from heights can break bones or cause a traumatic brain injury.
• Unsafe modifications to the forklift can cause it to tip over or malfunction, crushing the operator.
• Improperly positioned or unsecured batteries on an electric-powered lift can cause an electrocution injury.
• Internal organ damage, broken bones, partial or total paralysis, brain damage, or electrocution burns are likely consequences of a workplace forklift accident.

Our Atlanta forklift accident attorneys may file three types of damages in your claim:

• Economic, or your calculated financial losses (missed wages, medical bills, etc.)
• Non-economic (pain and suffering or a worse quality of life)
• Punitive (financial punishment for the company or third party that permitted unsafe conditions leading to your accident)

We aim to ensure you have a fair settlement to pay for all your medical care and recovery and compensate you for the pain and reduced quality of life caused by the accident.

An Atlanta forklift accident lawyer may charge one or more defendants – persons or organizations contributing liability to your workplace injury, such as:

• The forklift operator
• Reckless employees nearby
• The workplace supervisor
• The company owner
• Forklift mechanic
• The forklift manufacturer, if the vehicle has flaws from its design or manufacture

We get to the bottom of your case and aren’t afraid to take on large corporations on your behalf.

Your Atlanta forklift injury lawyer is your legal advocate, representing your rights in court and protecting your interests against a large corporation or insurance company reluctant to pay you the compensation you deserve.

Identify potential witnesses

Without a witness, the cause of the accident sometimes depends on your word against your employer. Big companies and their insurance companies love to blame a workplace accident on the injured employee, claiming they were reckless.

We interview co-workers that saw the accident and review any photo or video footage – a camera is an excellent witness in your case.

Gather evidence

Your medical records, the company’s safety records, and expert witnesses all prove your claim.

Negotiate with insurance

Your Atlanta forklift accident attorney may be able to negotiate a settlement with the defendant’s insurance company without going to trial. The Harrison Injury Law attorneys are fierce negotiators – we know exactly what your case is worth and know that the insurance company has the ability to pay.

Calculate the value of your potential damages

Our decades of combined experience litigating workplace and forklift injury claims has made us experts in properly valuing your claim so you’re covered for your medical needs now and the care you may require in the future.

Bring the case to trial

We try to protect you from the stress of a trial, but if the insurance company isn’t willing to pay a fair settlement, then we will argue your case in front of a judge and jury. We’re ready to take on this fight to get you the justice you deserve.