Dothan, Alabama Forklift Accident Attorney
Forklift accidents happen far too often. In fact, according to the U.S. Department of Labor, over 8,000 people are injured each year in accidents involving forklifts.
Forklifts are a type of heavy machinery that takes skill and experience to operate correctly. Devastating accidents can happen suddenly if the forklift malfunctions or if the operator makes even a small mistake. In a blink of an eye, anyone from the forklift driver to another person just walking by can find themselves involved in a serious accident.
If you are suffering from a serious injury caused by a forklift accident, you might be eligible to recover significant compensation. Gartlan Injury Law is here to help.
Our experienced and caring Dothan personal injury team understands the pain you’re going through. We’re here to provide the legal skills you need for your case, as well as the compassionate, personalized attention you deserve.
Let Gartlan Injury Law handle all the details of your forklift accident case, so you can focus on recovery. To get started, contact us right away by phone or online.
- What Are Common Types of Forklift Accidents?
- How Do Forklift Accidents Happen?
- What Types of Injuries Can a Forklift Accident Cause?
- Who Can Be Held Responsible for a Forklift Accident?
- How Do You Prove Negligence in a Forklift Accident Case?
- What Potential Damages Can a Forklift Accident Lawyer Help a Person Receive?
- Can a Dothan Forklift Accident Attorney Help Me?
What Are Common Types of Forklift Accidents?
Some of the most common types of serious forklift accidents include:
- Getting run over or struck by a forklift
- Being hit or crushed by merchandise falling off a forklift
- Getting caught or compressed between objects
- Roadway incidents with motor vehicles
- Falling off a forklift
- Forklift tip over or roll over
How Do Forklift Accidents Happen?
Some of the most common causes of devastating forklift accidents include:
- Distracted or inattentive forklift drivers
- Improperly loaded, raised, or unstable merchandise
- Lack of safety features
- Unsecured loads
- Failure to follow proper safety measures
- Dangerous or defective machinery
- Improper training of forklift operators
- Poorly maintained machinery
- Pressure to meet tight timelines
- Improper turns
- Dangerous workplace layout
- Lack of warning signs
- Equipment malfunctions
What Types of Injuries Can a Forklift Accident Cause?
Forklift accidents can cause a range of injuries – from minor to severe – such as:
- Brain damage, concussions, and other serious head and neck injuries
- Broken bones
- Internal bleeding
- Damage to ligaments and tendons
- Spinal cord injuries
Who Can Be Held Responsible for a Forklift Accident?
In some cases, a business or employer is the responsible party in a forklift accident. If a forklift driver injures a customer in a store or other facility, the business may be liable. If an employee is injured at work in a forklift accident, workers’ compensation benefits are usually available regardless of fault.
There are other circumstances where a third party might be responsible for the accident. For example, if an equipment defect contributes to the accident, then the manufacturer might be liable. If a machinery failure causes the accident, then the company that maintains the forklift might be responsible.
Other parties might hold some liability as well, such as other businesses that the employer works with like contractors and trucking companies.
How Do You Prove Negligence in a Forklift Accident Case?
In typical personal injury cases, injured victims must prove that another party caused their accident in order to recover compensation for the damages they are suffering. For instance, the victim must prove:
- Another individual or party had a duty to care for them – for example, they had a responsibility to operate equipment safely and watch out for other people.
- The individual or party failed in this duty by doing something negligent, reckless, or wrongful like operating the forklift while distracted.
- Their wrongful, negligent, or reckless actions caused the victim’s accident.
- The victim suffered injuries and other damages because of the accident.
With forklift accidents, the victim might need to prove negligence if they are suing a company. This most often occurs in instances such as when a customer is injured in a forklift accident at a commercial facility, or a forklift defect injures an operator.
However, if you were injured in a work-related accident involving a forklift, then you might not have to prove negligence in order to recover compensation. According to Alabama’s workers’ compensation laws, employees can typically file a claim for work-related illnesses and injuries no matter who was liable for the accident.
The worker usually doesn’t have to prove that their employer was negligent in order to access these benefits. A major exception is if the worker purposely did something to cause their injuries or was under the influence of drugs or alcohol.
Other instances where an employee might not be able to access workers’ comp benefits are if they don’t tell their employer about the accident in a timely manner. Under Alabama laws, workers typically must notify their employer within five days and must file a workers’ comp claim within two years of when the accident happens in order to get these benefits.
What Potential Damages Can a Forklift Accident Lawyer Help a Person Receive?
Depending on the specifics of the forklift accident, victims might be able to recover compensation either through workers’ comp, a personal injury lawsuit, or a wrongful death lawsuit.
Some of the types of compensation that might be available to victims include:
- Coverage for outstanding medical bills and future medical expenses
- Payments for pain and suffering, lost enjoyment of life, and the loss of companionship
- Lost wages and loss of future earning capacity
- Compensation for funeral and burial expenses
Can a Dothan Forklift Accident Attorney Help Me?
Don’t wait to get the help and support you need after a serious forklift accident. Contact Gartlan Injury Law today. Our skilled Dothan workplace injury attorney is prepared to stand beside you and help you fight for the full compensation you’re owed.
To schedule your free legal consultation, call us or contact us online. We’re available 24/7 to help you.