Alpharetta Forklift Accident Lawyer

Forklifts are used in warehouses, business compounds, retail buildings and even on farms. Despite its common uses, a forklift can easily become a dangerous and hazardous piece of equipment if stretched beyond its lifting capacity, is poorly designed or maintained, or if operated by a less-than-careful individual.

When an accident occurs involving a forklift and you are injured as a result, a dedicated injury attorney may be needed to investigate the cause of the accident and prove liability on the part of the forklift operator and any other applicable parties. A dedicated Alpharetta forklift accident lawyer can help make a timely claim for injuries that are directly and proximately caused by a forklift accident, prove negligence of the forklift operator or any third-party, and investigate principal/agent relationships in determining the culpability for actions of employees and independent contractors.

Deadline for Filing in Alpharetta

Claims by an injured party in a forklift accident must be filed no later than two years from the date of the accident per O.C.G.A. § 9-3-33. Filing after two years from the date of the accident is generally not permissible under Georgia law and may result in the case being barred.

Determine Negligence in a Forklift Accident

Generally, the operator of a forklift has a duty to watch for other machinery and people as well as a duty to consider how the forklift might impact those passing by. Pursuant to O.C.G.A. § 51-2-1, if the operator of the forklift was acting as the servant, agent, and/or employee of another person or entity, Georgia permits the forklift operator’s negligence to be attributed to a third party.

If a principal/agent relationship existed between the forklift operator and the third party, an injured person may seek financial compensation from both the forklift operator and the third party. An Alpharetta forklift accident lawyer could better advise an injured party of the facts that must exist for a principal/agent relationship to be proven in court.

Liability of Independent Contractors

To recover financially, an injured party must demonstrate to a trier of fact that the operator of the forklift acted negligently. If the operator was an independent contractor, the injured party may still be able to recover against both the operator and the employer. An Alpharetta forklift accident lawyer could give you more insight about the liability of independent contractors.

Under O.C.G.A § 51-2-5, an employer of an independent contractor may be culpable for their contractor’s actions if any of the following six standards can be met:

  • The forklift operator’s actions resulted in nuisance
  • The employer was aware the forklift operator’s actions were inherently dangerous
  • The employer owed a duty to the injured person and the operator’s actions violated that duty
  • The operator’s actions were illegal
  • The employer had direct control over the time and method of how the forklift operator performed his or her work
  • The employer authorized the forklift operator’s actions

Talking to an Alpharetta Forklift Accident Attorney

When a forklift accident causes injury as a direct and proximate result of the actions of a forklift operator, it can be difficult to know who besides the forklift operator may be liable for their actions. That is where a shrewd Alpharetta forklift accident attorney can help.

Contact an Alpharetta forklift accident lawyer today to determine whether you have a viable claim for injuries resulting from a forklift accident. A skilled lawyer can fight for you so that you can focus on recovering from your injuries.