Forklift Rollover Accidents
Forklifts are used daily in many types of businesses. They are useful machines for lowering, raising, or carrying loads in tight spaces. However, forklifts are also susceptible to rolling over and seriously injuring people who operate them. The Jacksonville forklift accident lawyers at The Lawrence Law Group help injured people receive reimbursement for the harm that they have suffered. If you have questions regarding your legal rights following a forklift rollover accident, contact our office today to speak with an attorney regarding your options.Causes of Forklift Rollover Accidents
About one-quarter of all forklift-related fatalities are due to forklift rollover accidents. This type of accident can be caused by factors such as:
- Inadequate training, especially in emergency situations.
- Improper maintenance, such as malfunctions involving brakes, steering mechanisms, or hydraulic systems.
- Reckless maneuvers by forklift operators, due to time restraints imposed by high production schedules.
- Heavy or unstable loads.
- Parts or equipment that contain design or manufacturing defects.
Only properly trained drivers who are 18 years old or over are allowed to operate forklifts. Despite the law, many underage and under-qualified drivers are entrusted with this dangerous machinery, putting themselves and others in harm’s way. Over 40 percent of forklift deaths are caused by a driver who attempts to jump from a vehicle that is tipping over. Proper training teaches drivers to avoid this instinctive move and to stay on the forklift in the event of tipping. Even if it is not fatal, jumping from a forklift that is about to tip can cause significant crush injuries to a victim’s head, back, or neck.Recovering Compensation for Your Injuries
Workers who are injured in forklift rollover accidents can recover workers’ compensation for medical expenses, lost wages, and disability through their employer, regardless of whether the employer was at fault for the accident. In order to recover benefits, injured employees need to file a claim with their employer and see an approved doctor right away. Larger employers are required to carry workers’ compensation insurance to account for work-related injuries, and in turn, employees injured on the job are generally precluded from suing the employer. Also, if a defect in the forklift caused the rollover, the victim could bring a personal injury lawsuit against the forklift’s manufacturer in addition to pursuing workers’ compensation benefits. The availability of workers’ compensation does not prevent an injured worker from pursuing additional claims against third parties that are not their employers or co-workers.
If a victim dies as a result of a forklift rollover accident, family members can file suit under Florida’s Wrongful Death Act in order to receive compensation for medical costs, funeral expenses, and emotional losses. These claims require a showing that the death of a loved one was due to another party’s negligence or misconduct. For example, if a forklift had faulty brakes, and someone was killed because it failed to stop in time, the family might bring a product liability claim against the manufacturer to pursue wrongful death damages.Consult a Knowledgeable Jacksonville Attorney Following a Forklift Rollover
Personal injury, wrongful death, and workers’ compensation claims arising out of a forklift rollover accident require an extensive investigation into the circumstances surrounding the incident and advocacy from an attorney who understands the legal nuances of these cases. The Jacksonville lawyers at The Lawrence Law Group can handle complicated situations involving victims of forklift rollover accidents. Our firm works tirelessly to make sure that our clients’ rights and interests are served throughout the entirety of a claim. Our personal injury attorneys and workers’ compensation lawyers represent people throughout Duval, Clay, Nassau, Flagler, Putnam, St. Johns, Baker, Brevard, Union, Columbia, Suwannee, Hamilton, Jefferson, Volusia, and Alachua Counties. You can contact us online or at (904) 632-0077 for a free appointment to discuss your case.