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BEST ALABAMA FORKLIFT ACCIDENT LAWYERS NEAR ME

Forklift Accident Attorneys Near Me

It may seem like forklift accidents in an industrial setting are a rare occurrence, but forklift accidents happen daily. Forklifts (lift trucks) are commonly used in factories, warehouses, and construction sites to load and transport heavy materials. Forklifts are a commonly used piece of industrial equipment and are also a common cause of industrial accidents resulting in personal injury and even death. From 2011 to 2017, there were more than 60,000 forklift-related injuries and 614 forklift-related fatalities in the U.S. That’s more than 8,500 injuries per year and more than 1.6 fatalities per week. According to the Occupational Safety and Health Administration (OSHA), an average of 100 fatal forklift accidents occur in the United States every year. An additional 34,900 forklift-related incidents result in serious injury. More than 40% of forklift deaths involve vehicle tip-overs, and a quarter occur when a worker is crushed between the vehicle and another object. Manufacturing accounts for nearly 43% of all forklift accident deaths reported to OSHA every year. Forklifts are a commonly used piece of industrial equipment and are also a common cause of industrial accidents resulting in property damage, injury, or even death. Forklifts must be handled with the utmost caution for surrounding workers. There have been numerous forklift injuries and deaths in Decatur, Huntsville, and Athens, Alabama, in 2021.

Causes of Alabama Forklift Accidents

There are several different reasons forklift accidents happen. Some common causes of forklift accidents include:

  • Operator inattention and/or inexperience
  • Lack of operator training
  • Defective, faulty or poorly maintained machinery
  • Lack of hazard warnings or markings
  • Excessive speed
  • Improper turns
  • Unstable and/or elevated load/forklift loses its load
  • Dangerously laid-out workplace
  • Driving the forklift while the load is raised
  • The forklift tips over
  • The forklift hits or runs over co-workers and pedestrians
  • The forklift falls off loading docks
  • Pressure to meet tight timelines
  • Failure to follow proper safety measures
  • Lack of warning signs
  • Operators who speed or engage in horseplay on the machines
  • If construction site forklifts do not have a falling object protection system, operators may be injured due to falling debris.
  • Backup collisions may occur.

  • Workers may be struck by a forklift, or they may fall while standing on raised pallets.
  • Age of the forklift
  • Workplace factors such as narrow aisles, high traffic in the work area, and obstructions
  • Overloading beyond the weight limit

What Are Common Types of Forklift Accidents in Decatur, Alabama Plants?/h2>
Some of the most common types of Alabama forklift accidents include:

  • Getting run over or struck by a forklift
  • Being hit or crushed by merchandise falling off a forklift
  • Getting caught or compressed between objects
  • Roadway incidents with motor vehicles
  • Falling off a forklift 
  • Forklift tip over or roll over

Forklift Accident Injuries

If you or a loved one sustains injuries in a forklift accident in Alabama, you and your loved ones have a right to be compensated for your injuries. Many of the injuries we see include the following:

  • Catastrophic injuries
  • Broken bones
  • Lacerations
  • Bruising
  • Whiplash
  • Concussion
  • Degloving injury
  • Spinal cord injury
  • Traumatic brain injury
  • Amputation
  • Paralysis
  • Wrongful death
  • Soft tissue injuries
  • Hip injuries
  • Shoulder injuries
  • Broken ribs
  • Internal injuries
  • Neck injuries
  • Penetration injuries

Third-party Liability in Alabama

If someone other than your worker’s compensation company is responsible for damages, you can recover from a negligent third party, including all of the following:

  • Another contractor on the site
  • A subcontractor
  • The developer
  • The manufacturer of the equipment that injured you
  • The property owner of the site

Damages You Can Recover

Personal injury attorney Randy W. Ferguson is an experienced personal injury lawyer with a long track record of obtaining for clients the liability and accountability they deserve. An individual who negligently injures you may be liable for a wide variety of damages that an accident can cause, including but not limited to the following:

  • Disability and Disfigurement
  • Loss of Consortium
  • Medical Bills
  • Prescriptions
  • Future Medical Costs
  • Lost Wages
  • Loss of Earning Capacity
  • Mental and Emotional Distress
  • Out-of-pocket expenses
  • Pain and Suffering
  • Rehabilitative care
  • Medical devices (crutches, wheelchairs)
  • Loss of Enjoyment of Life
  • Wrongful Death
  • Disability and Disfigurement

Who Can Be Held Liable in Alabama?

Liability for forklift injuries can be complicated, as construction sites, stores, and industrial sites have a lot of moving parts and noise that can easily confuse workers about the order of events involved in an injury. However, a few key players can be highlighted to determine

  • The Operator.
  • The foreman or supervisor./strong>
  • The Manufacturer.
  • A Third-Party.

How Are We Different Than Other Forklift Accident Lawyers

The law offices of Ferguson and Ferguson take pride in giving each client individual and personal attention.

  • We are from North Alabama, not an out-of-state or Birmingham law firm that acts like their local.
  • You talk to personal injury attorneys, not secretaries.
  • We are committed to excellent client service.
  • Our fees are lower because we don’t have to pay huge television and billboard costs.
  • We care about our clients and have patience.
  • Free phone consultation 7 a.m. to 7 p.m. and Saturdays.
  • Free office consultation as late as 7 p.m. and Saturdays also.
  • Locations near you.
  • We answer all our client’s calls or return them promptly.
  • We keep our clients informed of the status of their cases.
  • We make sure that our clients understand each step of their case.
  • We have great compassion for the physical, emotional, and financial problems that our clients suffer and will do everything possible to get them through their difficult times.
  • We handle the estate and get you appointed as the administrator. We do not ship you off to some other law firm to set up the estate
  • Not afraid to go to court like many of the billboard and television attorneys. We’ll do whatever it takes to win your case.
  • No fee if no recovery. You pay no expenses unless we win your case
  • Proven track record in winning wrongful death cases.

Alabama Forklift Accident FAQs

What should I do after a forklift accident in Alabama?

Get emergency medical care, report the accident to the employer or site supervisor, identify witnesses, photograph the scene and equipment if it is safe to do so, preserve clothing and documents, and avoid altering the forklift. Speak with an attorney promptly because video, maintenance records, and electronic data may be lost.

What are the most common causes of forklift accidents?

Common causes include inadequate training, excessive speed, overloaded or unstable loads, raised-load travel, unsafe turns, poor maintenance, defective equipment, obstructed aisles, missing warnings, loading-dock hazards, and failure to follow workplace safety procedures.

Who may be liable for a forklift accident?

Potentially responsible parties may include the forklift operator, an employer, a general contractor, subcontractor, property owner, equipment manufacturer, rental company, maintenance provider, or another third party. Liability depends on the work relationship and cause of the accident.

Can I receive workers’ compensation after a forklift injury?

An employee injured in the course of employment may qualify for Alabama workers’ compensation benefits, subject to the facts and applicable law. Benefits may address authorized medical treatment and part of the worker’s lost wages.

Can I file a lawsuit in addition to a workers’ compensation claim?

Possibly. Although workers’ compensation generally limits lawsuits against an employer, a separate third-party claim may exist against a negligent contractor, property owner, equipment manufacturer, maintenance company, or another entity that is legally responsible.

What is a third-party forklift accident claim?

A third-party claim is a personal injury action against someone other than the injured worker’s employer or co-worker, such as an equipment manufacturer, outside contractor, forklift rental company, or property owner. It may provide damages that workers’ compensation does not.

Can a forklift manufacturer be liable for defective equipment?

Yes, when a design defect, manufacturing defect, inadequate warning, or other product problem causes an injury. The forklift and relevant components should be preserved so qualified experts can inspect them.

What evidence is important in a forklift accident case?

Important evidence may include photographs, surveillance video, witness statements, incident reports, training records, operator certifications, inspection logs, maintenance records, load information, site plans, OSHA materials, medical records, and the forklift itself.

Should the forklift be preserved after the accident?

Yes. The machine and any failed component may be critical evidence. Written preservation notices can help prevent repair, alteration, sale, or destruction before the parties and experts have an opportunity to inspect it.

What injuries are common in forklift accidents?

Forklift accidents can cause fractures, crush injuries, traumatic brain injuries, spinal cord damage, amputations, internal injuries, degloving injuries, paralysis, severe lacerations, shoulder and hip injuries, and fatal injuries.

What if I was struck by a forklift while walking?

Pedestrians and co-workers struck by forklifts may have claims based on unsafe operation, inadequate training, poor traffic controls, obstructed sightlines, missing warnings, or other negligence. The worker’s employment status affects which remedies may apply.

What if a forklift tipped over?

Tip-overs may result from excessive speed, sharp turns, unstable surfaces, improper loads, raised forks, overloading, or design and maintenance problems. Investigating the operator’s conduct, workplace layout, load, and machine condition is important.

What if a load fell from a forklift and injured me?

A falling-load case may involve improper stacking, overloading, unsuitable pallets, raised-load travel, operator error, inadequate securing methods, poor supervision, or defective equipment. Evidence about the load and handling procedure should be preserved.

Can I make a claim if I was injured at a warehouse, plant, or construction site?

Yes, depending on the facts. Forklift claims can arise at warehouses, factories, plants, retail facilities, loading docks, and construction sites. Workers’ compensation and third-party liability should both be evaluated.

Does an OSHA violation prove my forklift injury case?

An OSHA citation or safety violation may be relevant evidence, but it does not automatically establish every element of a civil claim. The effect of the violation depends on the parties, circumstances, and applicable law.

What compensation may be available in a third-party forklift claim?

Depending on the case, damages may include medical expenses, lost income, reduced earning capacity, pain and suffering, disability, disfigurement, rehabilitation costs, and other legally recoverable losses.

Can a family pursue a wrongful-death claim after a fatal forklift accident?

Alabama law may permit the personal representative of the estate to pursue a wrongful-death action when a death was caused by another party’s wrongful conduct. Workers’ compensation death benefits may also need to be evaluated.

How long do I have to file a forklift accident claim in Alabama?

Different deadlines can apply to workers’ compensation notices, benefit claims, personal injury lawsuits, product claims, and wrongful-death actions. Obtain case-specific legal advice promptly so that no applicable deadline is missed.

How much does it cost to discuss a forklift accident case with Ferguson & Ferguson?

Ferguson & Ferguson offers a free, no-obligation consultation. The firm can explain any proposed fee arrangement after reviewing the accident, employment relationships, injuries, and potential responsible parties.

Where does Ferguson & Ferguson handle forklift accident cases?

The firm serves injured people in Huntsville, Decatur, Athens, North Alabama, and throughout Alabama from offices at 303 Williams Avenue SW, Suite 321, Huntsville, and 211 Oak Street NE, Decatur.

Free Case Review

Have you been injured in a forklift accident and need help from an experienced forklift accident attorney? Our experienced lawyers are here to provide you with a free, no-obligation case consultation at your convenience. Deciding to hire a lawyer is an important choice that takes careful consideration. If you need an accident lawyer in Huntsville, AL, call or email us today. Our consultations are free. We can visit you or your loved one at a hospital, residence, or workplace. Some accident lawyers, due to their lack of skill or resources, may not pursue all claims and compensation available to you. If you have been a victim of a forklift accident, do not hesitate to call our skilled and experienced forklift accident lawyers in Huntsville and Decatur, AL, for a free assessment of your situation. Call now 256-350-7200 or 256-534-3435.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601

You cannot get any better than Jackie.

“You cannot get any better than Jackie. Completely professional, fair, understanding and trustworthy. We were facing an almost impossible situation but with Jackie’s tenacity and God’s grace it all turned in our favor. I highly recommend Jackie Ferguson Graham.”

- Shane

Very professional and courteous.

“Very professional and courteous. They kept me informed and walked things through step by step. Took care of my case in a timely manner as well. I’m very pleased.”

- Joshua

He is nothing but the best.

“Randy took good care of our son in his case. He is nothing but the best. If You ever need someone who you can count on to do his best for you, he is the one to pick. Thank You for your fine job!”

- Steph

I would highly recommend working with this firm.

“I can’t say enough good about working with Ms. Jackie Graham Ferguson. She was very professional, personable, and seemed to really care. Her knowledge within her field of expertise, coupled with her years of experience, are evident from the first minute you begin talking to her. I would highly recommend working with this firm. A+++++”

- Michael Matthews

She always made herself available.

“Mrs. Ferguson is a outstanding , knowledgeable, and honest attorney. She was there when my family was at its lowest and has never wavered. She always made herself available. She was dedicated to our case and worked hard. I would recommend Jackie with out hesitation for any legal matters. My family will always turn to her, and will be as dedicated to her as she was to us.”

- Joseph Morgan
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