California Attorneys Handling Forklift Accidents

Forklift accidents are a serious workplace hazard in California – often resulting in devastating injuries and even death. Despite a majority of cases being preventable, these kinds of injuries leave victims and their families dealing with overwhelming medical bills, lost income, and emotional and physical trauma.

With warehouses, construction sites, and industrial workplaces all throughout the state, it is important to find a qualified forklift accident lawyer near you who you can trust in to obtain the compensation you deserve.

Nadrich Accident Injury Lawyers represents those who have suffered serious injuries after a forklift accident. If you or a loved one has been injured or killed in a forklift accident, our California forklift accident lawyers can help you recover compensation for medical costs, lost wages, pain and suffering, wrongful death and more. We can handle your workers’ compensation claim for you and in some cases, file a personal injury claim for you seeking to seek additional compensation.

We won’t charge a fee to handle your forklift case until we win your case and you’ll only be charged a percentage of the recovery we obtain for you.

Call us today for a FREE consultation at (800) 718-4658 or fill out our quick contact form if you or a loved one has been injured or killed in a forklift accident.

Common Causes of Forklift Accidents

Forklift accidents, like crane accidents, often stem from safety failures like poor training and equipment overloads. According to an OSHA article on how to prevent forklift accidents, 70 percent of forklift accidents can be prevented via standard safety measures.

Common reasons that forklift accidents occur include:

Operator negligence: This includes things like not taking corners slowly, inattentiveness, driving with elevated loads, and speeding.
Improper training: A lack of training can lead to not being aware of possible hazards, failing to follow safety procedures, and improper load handling. Poorly trained operators will more commonly make mistakes which lead to accidents.
Improper loading: Accidents can happen when loads that aren’t properly balanced or secured shift or tip.
Equipment failure: Equipment failure can lead to accidents, such as when defective brakes cause forklifts to be unable to stop. Equipment failure can be the result of poor maintenance, manufacturing defects or design defects.
Tip-overs: Tip-overs or rollovers often occur because of badly-balanced loads, improper turns or speeding.
Pedestrian collisions: Forklifts may injure pedestrians, particularly in areas that are congested and have limited visibility.
Hazards at construction sites: Employers need to keep construction sites free from any obstructions and hazards which may lead to accidents and injuries.
Workplace layout and design: Workplace designs and layouts may play roles in accidents. Accidents can be caused by badly-designed traffic patterns, blind spots or inadequate lighting.

Who Is at Fault in a Forklift Accident?

One or multiple parties may be at fault in a forklift accident. These parties include:

Forklift operators: When negligence or unsafe behaviors (like not wearing seatbelts, not yielding or speeding) directly cause accidents, forklift operators may be held responsible.
Employers: Employers have legal responsibilities to provide safe working environments. This includes providing safety protocols, equipment maintenance and proper training. When accidents occur due to faulty equipment, employees who are not properly trained, or inadequate safety measures, employers can be held liable.
Forklift manufacturers: When accidents are caused by design defects or manufacturing defects in forklifts, manufacturers can be held liable.
Third parties: This may include property owners, contractors or employees when unsafe actions or negligence cause accidents.
Maintenance providers: When the maintenance of forklifts is outsourced to third-party companies, these companies can get held liable when their inadequate maintenance or negligence contribute to accidents.

Factors which influence liability include:

Negligence: Failures to follow safety guidelines or exercise reasonable care may lead to liability.
Violations of safety regulations: Failing to comply with industry standards or safety regulations like OSHA regulations may lead to liability.
Causation: A party’s actions need to be shown to have caused an accident directly, leading to injuries, for the party to be held liable.
Duty of care: Parties such as employers have a duty to make sure that working environments are safe, and to take precautions which are reasonable to prevent accidents.

In order to determine liability, thorough investigations need to occur. These investigations will need to include:

Collecting evidence: This might include maintenance records, surveillance footage, photographs and witness statements.
Consulting with experts: Consult with an experienced injury lawyer who has experience handling forklift accident cases.

Where Do Accidents Happen Most Often in California?

Common locations where forklift accidents occur include:

Retail stores: Retail stores like Target, Costco and Walmart hold large amounts of stock and feature high shelves, and are high-traffic areas.
Construction sites: Forklift accidents can happen at construction sites when sites don’t have proper safety regulations or when employers or workers are negligent.
Loading docks and unloading docks: Unloading and loading docks see freight deliveries. Accidents may occur when workers using industrial trucks to do jobs are negligent.
Warehouses: Warehouse workers commonly find themselves near forklifts. Because their work necessitates usage of heavy machinery, even tiny mistakes can lead to death or severe injury.

Common Forklift Accident Injuries

Common injuries which can occur when forklift operations go wrong include:

Musculoskeletal injuries: These include strains and tears to tendons, ligaments and muscles. They can lead to limited mobility and chronic pain.
Traumatic brain injuries: These can be caused by falling debris, falls or being struck by forklifts. They can lead to long-term behavioral and cognitive changes.
Broken bones: These are especially common in the spine and limbs. They require medical treatment as well as rehabilitation.
Crush injuries: Crush injuries can happen when workers get pinned between forklifts and objects or walls. They can lead to severe tissue damage or amputations.
Spinal cord injuries: Being crushed or falling can lead to a spinal cord injury. This can possibly cause permanent disability or paralysis.
Internal injuries: When workers are crushed or struck by forklifts or falling objects, they can suffer damage to their internal organs.
Psychological trauma: Forklift accidents can lead to post-traumatic stress disorder, depression and anxiety.
Death: Severe forklift accidents may be fatal.

The more severe your injuries, the more your workers’ compensation claim may be worth.

Your Legal Options After a California Forklift Accident

You may have several legal options after a forklift accident in California. These legal options include:

Workers’ compensation: Workers’ compensation benefits will be available after most forklift accidents. The employer is held liable in these cases.
Third-party lawsuits: You may be able to sue a third party if another company or an equipment defect caused your accident.
Product liability: You may be able to file a product liability lawsuit if a forklift failed due to a design or manufacturing defect.
Wrongful death: You likely have grounds to file a wrongful death lawsuit if your loved one died in a forklift accident.

How Much Is a Forklift Accident Lawsuit Worth?

The value of your claim will depend upon the circumstances surrounding your accident.

Injury severity: Minor injuries such as fractures or sprains could settle for $10,000 to $50,000. Moderate injuries which need surgery or cause long-term pain and suffering may be worth $50,000 to $150,000. Severe injuries like spinal cord damage or crushed limbs might be worth $150,000 to $500,000+. Wrongful deaths or catastrophic injuries may be worth millions of dollars, especially when third-party lawsuits occur.
Third-party liability: When third parties like maintenance companies or manufacturers are at fault, cases may be worth more than when they just involve workers’ comp claims.
Insurance: The coverage and availability of insurance may impact the value of your claim.

When forklift accidents occur, the values of the claims that follow depend on the damages suffered. Damages which our firm may help you recover financial compensation for include:

Medical Bills

We help clients recover compensation for past and future medical bills relating to injuries sustained in forklift accidents.

Lost Wages

We help clients recover money to compensate them for wages they’re unable to earn due to forklift accident injuries.

Loss of Earning Potential

When we have clients who have become permanently disabled by forklift accidents, we help them recover compensation for any loss or reduction to their earning ability.

Pain and Suffering

We help our clients calculate the value of their physical pain, mental suffering and emotional distress. We then help them recover fair compensation for it.

Wrongful Death

If you’ve lost a loved one to a forklift accident, we can help you recover compensation for things like burial costs, funeral costs, and loss of love, companionship, income and household services.

OSHA Forklift Safety Regulations to Know

Forklift regulations are outlined by OSHA. These regulations include:

Safe operating speeds: This involves maintaining a reasonable speed in order to avoid collisions or tipping.
Visibility: Operators need to have clear views in the direction of their travel.
Load management: Safe lifting techniques and proper stacking techniques need to be followed.
No riders who are unauthorized: Only certified, trained drivers can operate a forklift.

Operators need to perform inspections every day. They need to remove any defective lifts from service immediately. Fuel tanks should not be refilled while engines are running. Stunt driving is not allowed.

How Long Do I Have To Sue for a Forklift Injury?

For workers’ compensation claims, you need to file within one year of your injury.

For personal injury claims, you need to file within two years of your injury.

However, exceptions exist. Call an experienced forklift accident lawyer if you are unsure if you qualify to file a claim.

Forklift Accident Statistics

According to the National Safety Council:

Forklifts led to 67 work-related deaths in the year of 2023
Forklifts led to 24,960 Days Away from Work, Job Restriction or Transfer (DART) cases in 2021-2022
Forklifts led to 15,480 Days Away from Work (DAFW) cases in 2021-2022
Transportation incidents were responsible for 53 percent of forklift-related DART cases in 2021-2022
31% of DART cases in 2021-2022 occurred in the transportation and warehousing industry

According to Material Handling Equipment Distributors Association:

143 forklift-related fatalities occurred in 2021-2022
Most forklift-related injuries happen to workers aged between 25 and 34
Forklift-related fatalities are more common in workers aged between 55 and 64
Common injury types which occur in forklift accidents include falling from forklifts and being caught between or struck by objects

Why Do I Need a Forklift Accident Lawyer?

Understanding the law: A forklift accident can be complicated, involving possible negligence, liability and workers’ compensation. A lawyer can help you to navigate through these complex legal issues.
Identifying liability: A lawyer can help to determine whose fault the accident was, such as a forklift manufacturer, an employer, a forklift operator or a third party who was negligent.
Maximizing compensation: An attorney can help you to navigate through the legal system. An attorney can negotiate a fair settlement for you which covers your damages such as medical expenses and lost wages.
Workers’ compensation: Workers’ compensation, while providing benefits, might not cover all damages fully. A lawyer can explore additional compensation options, like third party claims.
Product liability: If a defective forklift caused you to be injured, a lawyer can help you file a product liability claim.
Protecting your rights: Lawyers can make sure your rights get protected, including in cases involving third-party lawsuits or workers’ compensation claims.
Litigation and negotiation: Experienced attorneys can negotiate with insurers and, if needed, file a lawsuit in order to protect your legal rights.

What to Do After a Forklift Accident

Seek immediate medical attention: Immediately get medical care to assess your injuries’ extent. It’s important for your claim to do this even if you don’t think you’re hurt badly.
Report the accident: Report the accident to relevant authorities and your employer. File a workers’ compensation claim – ideally with the assistance of an attorney.
Collect evidence: Gather evidence by documenting the scene of the accident, taking pictures, and collecting statements from witnesses.
Consult with a lawyer: An experienced injury lawyer can advise you about legal options and help you to pursue your claim.

Contact a Forklift Accident Attorney

When victims are injured in forklift accidents, several legal claims may be available to them. Experienced attorneys can help to identify all legal grounds which might be available to compensate the accident victim.

There’s no reason to wait – call us at at (800) 718-4658 or use the live chat feature on this page to start your free case evaluation.