New York Forklift Accident Attorney - Friedman, Levy, Goldfarb, Green & Bagley, P.C.

Q: What are some typical forklift accidents?

Common accidents resulting from negligent forklift use include falling off of loading docks, collisions, tip-over accidents, loss of control, failure of forklift brakes or hydraulics, poorly trained operators, and removal of safety systems from the forklift.

Q: What parties may be liable for an injured party’s damages following a forklift accident?

Potential liable parties include: The forklift’s operator or that operator’s employer Other contractors who are responsible for forklift operations and safety at a job site The manufacturer of the forklift or the persons or entities responsible for its maintenance and repairs Various third parties whose negligence contributed to the forklift accident.

Forklifts are designed to lift and move heavy loads in tight spaces. It is a safe and effective tool when it is regularly maintained, and workspace safety rules are followed. However, when training, maintenance, and safety are secondary considerations, employees and contractors face the risks of forklift accidents that can cause debilitating injuries.

The New York construction accident lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C., represent individuals who have suffered serious injuries and losses in accidents involving forklifts. Workers should call our Manhattan offices to speak with a forklift accident lawyer about their right and opportunity to recover compensation for their injuries and losses.

Forklift Accident Lawyer: Proving Negligence

Not every forklift accident will result in a viable personal injury case. For an injured party to have a chance at compensation, an attorney will need to make the case that negligence played a part in the injuries and losses sustained.

Negligence generally refers to a careless, reckless, or intentional act that resulted in a forklift accident. It may involve co-workers, business owners, or even the manufacturer. Four elements must be established to prove negligence caused the accident:

Duty of care. The duty of care is the basic building block of any negligence case. To be entitled to compensation, the at-fault party must have owed you a duty of care. This is rarely an issue in forklift accidents, as anyone that operates, services, or manufactures these vehicles has a duty to do so safely.
Breach of that duty. Once the duty of care is established, the next step for a plaintiff in a forklift accident case is to show that this duty was breached by a person who carelessly or recklessly caused an accident to occur. For example, a breach of duty could happen when an operator is impaired when using the forklift.
Causation. The third element of negligence in every forklift accident case is causation. Causation means proving the connection between the breach of a duty of care and the injuries suffered in that accident.
Damages. The final element in any negligence case is proof of compensable damages. These could include any physical, emotional, or financial harm you sustained in a forklift accident. We could review your medical records and discuss the circumstances of your accident before advising you on the damages you could recover, which can include lost wages, medical bills, or pain and suffering.

A proactive and dedicated lawyer from Friedman, Levy, Goldfarb & Green will work hard to prove that all four elements of negligence are established with their investigative and analytical skills. For example, we may subpoena video footage from your workplace and speak to accident reconstructionists as well as medical professionals who can attest to the seriousness of your injuries.

How Much Compensation Can I Receive For a Forklift Accident?

There is no way to predict what your forklift accident injury case is worth. While our attorneys can carefully evaluate the facts of your case, there are too many variables to know conclusively what a settlement might include.

Despite that, we are ready to review your case and advise you on the possible outcomes. We can also help you understand the types of compensation available, review the facts that impact the value of your case, and help you understand how working with an attorney could maximize your compensation.

Types of Compensation

Compensation for a forklift accident is determined by several factors that include the following:

Medical costs. The cost of medical treatment is often overwhelming following a forklift accident. In these cases, you might be able to recoup the cost of past and future medical treatment.
Lost wages. Missing work can mean missing paychecks, and many people injured in forklift accidents cannot work. However, a successful lawsuit could help you recoup your lost wages.
Pain and suffering. Severe injuries are often painful. This physical pain and suffering could serve as the basis for your compensation.

Factors that impact your settlement

Many factors could impact the value of your injury case. Some of the most common include the following:

The severity of your injuries. It should come as no surprise that serious injuries are more likely to result in larger settlements.
Liability. If there is no doubt another party’s negligence caused your injuries, your odds of a substantial settlement are good.
Insurance. You are more likely to secure a fair settlement if the at-fault party in your case is covered by insurance. Most people lack the resources to pay for a large personal injury claim out of their own pocket. Negligent defendants with insurance coverage are more likely to agree to a reasonable settlement when liability is clear.

How working with an attorney can maximize your recovery

When our attorneys take on a forklift accident case, there are many ways we can help maximize your recovery. First and foremost, our team can use our experience and skill to help you negotiate a fair settlement for your injuries. While these cases often settle, securing an offer that is reasonable can take work. When settlements are out of the question, we are ready to pursue litigation on your behalf.

What are some typical forklift accidents?

The Manhattan forklift accidents lawyers in our firm have seen accidents and injuries that result from:

Forklifts that fall off of elevated loading docks
Collisions between forklifts and other workers who are performing tasks around the forklift
Overloaded forklifts that tip over
Operators who lose control of the forklift and ram into walls, stationary objects, or other workplace vehicles
Failures of forklift brakes or hydraulic list systems
Improper or poor training in the operation of a forklift
Removal of safety cages and other safety systems from a forklift

If you were hurt in this type of accident, contact a forklift injury lawyeras soon as possible. You can begin recovering the full measure of damages you are entitled to receive from the responsible parties.

What regulations and safety rules apply to the operation of a forklift?

In addition to the safety rules mandated by OSHA, the New York State Department of Labor and Department of Transportation has safety rules and standards for the operation and maintenance of a forklift. Among other matters, those rules require that:

Load weight limits must be followed
No persons are allowed to ride on the forks of a moving vehicle
Operator safety cages or overhead canopies must be provided
Locking brake systems are mandatory
Each forklift must have an audible backup warning alarm
Daily maintenance checks must be performed
Forklift operators must be at least 18 years old.

Accidents caused by an OSHA Violation will almost always impose liability for a forklift injury and related losses. The liability will fall on the party who has the primary responsibility for OSHA compliance. Your New York forklift accident lawyer will have a much better opportunity to assess whether an OSHA violation caused your accident when you promptly start an investigation after your accident.

What parties may be liable for an injured party’s damages following a forklift accident?

Forklift accidents can cause multiple serious injuries, including traumatic brain injuries, broken bones or loss of limbs or digits, injuries to internal organs, back and neck injuries, and muscle or tissue damage. Depending on the specific facts, an injured party might have an opportunity to recover a settlement. It could comprise their actual and anticipated future medical expenses, compensation for lost wages, costs of rehabilitation and occupational therapy, and damages for pain and suffering from one or more of:

The forklift’s operator or that operator’s employer
Other contractors who are responsible for forklift operations and safety at a job site
The manufacturer of the forklift or the persons or entities responsible for its maintenance and repairs
Various third parties whose negligence contributed to the forklift accident.

Contact us for a free consultation

Our forklift accident attorneys at the Manhattan-based law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. have extensive knowledge of federal and state forklift rules and regulations. We also have substantial experience representing individuals in accident lawsuits to recover damages for their injuries.

Call our offices as soon as you can after suffering injuries in a forklift accident in Manhattan, Long Island, or elsewhere in and around NYC. We will fight tirelessly to recover the full measure of damages that will compensate you for your losses and injuries.