Atlanta Forklift Accident Lawyer

Forklifts are dangerous machines. While usually the operators have been trained, it is unrealistic to think that training will always prevent injuries. As a result, accidents involving forklifts are far too common.

What is your approach to handling forklift accident cases?
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What are the biggest challenges you face in forklift accident cases?

What is the firm’s experience in handling cases involving industrial machinery?
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People are injured while driving the forklift, or while passing by on foot. Depending on where or when the incident happened, injured people’s claims for compensation will involve differing legal challenges. Atlanta forklift accident lawyers represent both workers and non-employees to obtain the fair compensation that they deserve for injuries resulting from a forklift mishap. Injured individuals should contact a skilled personal injury attorney that can advocate for them.

Injuries as a Visitor to a Forklift Location

People who are injured as the result of a collision with a forklift have the right to pursue both the operator and their employer for damages. These commonly occur in home improvement stores, or other big box stores, where forklifts are used to move heavy merchandise.

Additionally, truck drivers delivering and picking up goods from warehouses are sometimes run over by inattentive forklift drivers. Despite the presence of customers on the sales floor in big box stores, these vehicles are often used during peak hours. When an accident does occur, it is usually because the driver was negligent.

Similarly, because of the pressure to keep goods moving and make quotas forklifts are sometimes driven too fast near loading docks where truck drivers are standing while their trailers are loaded.

What Is the Importance of Duty of Care in Forklift Accident Cases?

Cases, where injuries were caused by negligence, require that the person who is at-fault to have a duty to protect the injured person. In cases involving a forklift accident, the stores always have a duty to protect all shoppers and the warehouses should protect visiting drivers. When this duty is broken, by a driver not properly operating the forklift truck vehicle, or by not properly restraining the forklift, any injuries caused are the responsibility of the operator and his employer.

In this way, people who are injured by a forklift while in a store or warehouse can file a civil lawsuit alleging that the operator was negligent in their responsibility to protect the visitor. Cases like these are subject to time limitations. Under Georgia law, all cases alleging a personal injury must be filed in court no more than two years from the date of the accident. This is known as the statute of limitations and is codified in GA Code 9-3-33.

Can Forklift Operators Pursue Compensation for Injuries?

When a forklift operator is injured at work there are usually two potential sources of recovery. One is workers’ compensation. Workers’ compensation provides limited benefits to most employees who are hurt on the job. An Atlanta forklift accident lawyer can help an individual get in touch with a workers’ compensation attorney or can help the person file a claim themselves.

To file for a workers’ compensation claim, an employee must notify their supervisor of the accident and attend treatment provided by a workers’ compensation doctor. They may then receive benefits for any time lost at work as well as any permanent disability that may have occurred.

Role of Third Parties in Forklift Injury Cases

The other source of recovery is third parties. One is the manufacturer of the forklift and another is a third party like maintenance companies or truck drivers who pull away from docks as forklifts are loading them. Thousands of forklift operators have been injured in a tip over, off dock and collision events.

Too often forklift drivers who are injured, blame themselves for their injuries. This is not fair, as everyone makes mistakes and manufacturers must make forklifts that do not penalize simple mistakes with amputated feet and death. When a forklift has a lack of a safety feature, like a door on a standup forklift, that causes an injury a product liability lawsuit can be brought by Atlanta product liability lawyers.

How an Atlanta Forklift Accident Attorney Can Help

Accidents involving forklifts can result in severe injuries including death and limb amputations. When the injured person is a shopper in a store or a visitor to a warehouse, they have the right to sue the owner of the property for negligence to recover compensation for their injuries.

If the injured person is a forklift operator, they have the right to file a claim for workers’ compensation benefits and sue the manufacturer or truck driver who contributed to their injuries. Atlanta forklift accident lawyers can represent clients in negligence claims, product liability claims, and third-party suits. Your attorney can fight to obtain the fair compensation that you deserve for your injuries in both types of cases.