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Serious injuries can occur in an instant on busy Atlanta worksites where forklifts are commonly used. At The Stoddard Firm, we handle forklift accident claims by holding negligent third parties accountable. Many accidents stem not only from unsafe practices but also from careless property owners, contractors, or equipment manufacturers. These claims fall outside the workers’ compensation system and can provide broader recovery, including damages for pain and suffering, full lost wages, and long-term care.
A forklift is a heavy piece of machinery, with more than enough power to cause death or serious injury if it’s not designed, built, maintained, or used properly. According to a 2017 study by the Bureau of Labor Statistics (BLS), forklifts play a role in an average of 89 deaths and 8,674 injuries in U.S workplaces every year.
Below, we’ll go over some of the most common forms these accidents take, and what you can do if you’ve been affected by one.
Forklifts are designed to lift loads greater than their own weight. Pulling off this kind of maneuver safely, however, requires training, patience, attention, and an understanding of the physics involved.
Extending a heavy load outward from the body of the forklift can easily cause it to overbalance and tip. Other tip-overs are caused by uneven terrain, particularly with forklifts that are not designed for rugged outdoor use.
Tip-overs can also happen as a result of the cab of the forklift catching on a low overhang. That’s what led to the fatal forklift accident at Logan Airport in Boston last August, for example.
Some forklifts have even been known to tip over on flat surfaces with no load at all, if the forks are left in the raised position.
The driver’s compartments of forklifts rarely offer much physical protection, so if the vehicle tips over, it’s common for parts of the operator’s body to strike the ground or be crushed under the machinery. Overturning forklifts also pose a crushing danger to anyone else standing nearby.
The whole purpose of a forklift is to lift, move, and hold heavy loads at a height. Of course, heavy loads suspended at a height are one of the deadliest hazards a workplace can have, which is part of why construction and warehouse jobs are so dangerous.
If a suspended load isn’t perfectly stable on the fork, or if the forklift disturbs other heavy objects being stored at a height, usually during loading or unloading, a serious accident can strike quickly and suddenly.
Bystanders are the most common victims of falling load forklift accidents. Particularly in big box stores, where forklifts and untrained members of the public share space, it’s common for forklift accidents to rain heavy merchandise down on customers who had no idea they were standing in a danger zone.
However, forklift operators can end up crushed under their own loads as well, as can their spotters and other trained coworkers.
In addition to cargo, forklifts are routinely used to lift workers. This should only be done with platform or bucket attachments specifically designed to hold human beings safely, and even then, a forklift is rarely the ideal tool for this job.
People performing work at a height with the help of a forklift run a risk of falling, especially if the lifting platform lacks railings or if the forklift moves unexpectedly.
Just like vehicles out on the road, forklifts can collide with pedestrians, each other, and other pieces of heavy machinery. The low top speeds of forklifts can sometimes lull operators and those around them into believing that collisions are unlikely to happen, or unlikely to be serious, but this is far from the case.
A 19-year-old died this way in New York last November, while guiding his father through loading a forklift into a flatbed truck. The forklift hit the young man and, as so often happens, dragged him under its full weight.
In addition to the false sense of security that comes with the slowness of forklifts, many models have poor front-facing visibility, especially while in use carrying a load. This makes it still more likely for a forklift to continue moving over a victim after the initial collision.
Caught-between accidents are literally accidents in which part or all of the victim’s body becomes caught between two solid objects.
When it comes to forklifts, this kind of accident can overlap with collision accidents. Typically, the forklift strikes a bystander, but instead of running the person over, it crushes them against a nearby wall, shelving unit, or piece of cargo or machinery.
One of these accidents happened quite recently at the Walmart distribution center in Fort Worth, Texas. The victim, who was a forklift operator herself, ended up crushed between the forklift and a pallet rack.
Some forklifts can also cause caught-between accidents without any other objects, simply by catching limbs between the moving parts of the lift itself.
Forklifts are a major source of serious injuries and fatalities. According to the most recent data from the National Safety Council, forklifts caused 67 work-related deaths and over 7,290 nonfatal injuries, most commonly due to contact with equipment or transportation incidents. These machines include powered industrial trucks such as order pickers and platform trucks, and are widely used across construction, warehousing, and manufacturing settings.
The Occupational Safety and Health Administration (OSHA) identifies forklifts as one of the most dangerous types of industrial equipment. That’s an alarming enough statistic, but it’s worse when you consider that 70% of forklift accidents are preventable with standard safety measures. These incidents often result from avoidable hazards like poor training, inadequate maintenance, or unsafe job site conditions. Pursuing a claim against negligent third parties is essential to ensure victims receive the care and compensation they deserve.
Forklift accident claims often involve more than just an employer. Third parties may share legal responsibility depending on the circumstances.
Potential liable parties include:
Identifying every liable party is essential, as doing so can significantly increase the compensation available in a forklift accident claim.
Forklift accident claims often involve more than unsafe workplace practices—they may also stem from third-party negligence or dangerous equipment defects. Civil lawsuits against property owners, contractors, or equipment manufacturers can provide a much broader recovery than the limited benefits available under workplace insurance systems.
Through a third-party lawsuit, victims may recover full lost wages, compensation for future earning capacity, damages for pain and suffering, and, in cases of gross negligence, punitive damages. Acting quickly helps preserve critical evidence, secure witness accounts, obtain expert testimony, and build the strongest possible claim for fair and lasting compensation.
Several key factors affect the worth of your personal injury claim. Forklift accident claims are evaluated based on both economic and non-economic damages. The final amount can depend on the unique circumstances of the incident, the available insurance coverage, and the long-term effects of the injury on the victim’s daily life and ability to work.
These can include:
In cases where third-party negligence or a manufacturer’s defect is involved, compensation may be significantly higher.
In Georgia, the statute of limitations for most personal injury claims, including forklift accident claims, is generally two years from the date of the incident. However, there are important exceptions. For example, if the victim is a minor, if the injury was not discovered right away, or if a government entity is involved, the filing deadline may be shorter or extended.
Missing these deadlines can result in losing your right to pursue compensation. Speaking with an attorney as soon as possible ensures your case is filed on time and your legal options are fully protected.
Taking the right steps after a forklift accident can protect both your health and your legal rights. If you’re injured in Atlanta or anywhere in Georgia:
These steps strengthen your recovery and create a strong foundation for pursuing compensation.
You don’t have to navigate a forklift accident claim alone. The aftermath of a serious accident can feel overwhelming—physically, financially, and legally. At The Stoddard Firm, we focus on complex personal injury cases in Georgia, including those involving defective equipment, unsafe work environments, and negligent third parties.
Our Atlanta legal team understands how to:
We offer free consultations and work on a contingency basis, meaning you don’t pay unless we win your case. Call 470-467-2200 today to speak with a forklift accident lawyer who will fight for your rights.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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