Forklifts are an essential part of any shipping, warehousing, or logistics operation. This equipment enables workers to lift, transport, and store products and raw materials that humans cannot lift. Every company that uses forklifts in day-to-day operations must ensure every driver has adequate training and every forklift meets current safety standards. If you or a relative suffered injuries in a forklift rollover accident in the Dallas-Fort Worth area, contact the Law Firm of Aaron A. Herbert, P.C. today to learn how you can recover your damages through a lawsuit.
How Can an Attorney Help?
One of the most difficult aspects of any forklift rollover case is determining liability for the accident. Your attorney will assist with evidence gathering and consult with expert witnesses who can support your claim. An attorney can also handle correspondence and negotiations with insurance carriers on your behalf, if necessary. Hiring an attorney increases the chances of succeeding with a forklift rollover accident claim, and will likely lead to much more compensation than an injured claimant could secure on his or her own.
Determining Liability for a Forklift Rollover
The first step in recovering compensation for a forklift rollover accident is determining liability for the accident. Depending on how a forklift accident happens, one or more parties may bear liability for the damages.
- A forklift driver operating the vehicle under the influence of drugs or alcohol would likely face liability for any damages resulting from a rollover accident, as well as disciplinary action from the employer and/or criminal charges for gross negligence.
- A company that failed to perform required background checks or training for an employee who causes a forklift rollover could also face liability.
- An employer responsible for care and maintenance of worksite forklifts may face liability if the accident happened due to poor maintenance.
- Damaged warehouse floors may also cause serious forklift accidents. It is the employer's responsibility to fix any and all damaged flooring in their warehouses.
- The forklift manufacturer may be liable for a rollover accident if the forklift had a design flaw, production defect, or did not include adequate instructions for use and/or safety warnings.
It is also possible for fault to fall on more than one of these parties in a forklift rollover accident. The right attorney can help anyone injured in such an accident to identify the liable parties and hold them accountable for the victim's damages.
How to Approach a Lawsuit for a Forklift Rollover Accident
After determining the liable party or parties, the plaintiff and his or her attorney must assess the full scope of the plaintiff’s damages and find evidence that proves those damages resulted from the forklift rollover. If the victim sustained injuries through the scope of performing his or her job duties, the victim may qualify for a workers’ compensation claim for some economic relief. However, not every Texas employer carries workers’ compensation insurance, and a workers’ compensation claim may not be enough to fully compensate an injured worker’s losses.
If workers’ compensation is insufficient or unavailable, the victim may need to pursue a personal injury claim against a negligent employer or a product liability claim against the forklift manufacturer, if a defect caused the accident.
Securing Compensation for a Forklift Rollover Accident
The victim in a forklift rollover accident can claim compensation for medical expenses, lost income, and pain and suffering. Depending on how the accident happened and the behavior of the liable party, the victim may qualify for additional damages as well. If you or a loved one suffered any kind of forklift rollover injury at work in the Dallas-Fort Worth area, contact the Law Firm of Aaron A. Herbert today to schedule a free consultation and learn more about your options for legal recourse.