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Who is Responsible for a Forklift Accident?

Forklift AccidentForklift accidents can lead to serious injuries and in some cases, death. A forklift generally weighs between 9,000 and 10,000 pounds, making it a very dangerous piece of equipment if it malfunctions or is involved in a collision. Forklifts are also a vital piece of equipment in warehouses and other workplaces around the world.

If you have been injured in a forklift accident, you could recover monetary compensation for your damages through a workplace injury claim. However, you will need to determine whose negligence was responsible for your accident in order to seek compensation. Contact an experienced workplace injury attorney to discuss the details of your case and determine who was negligent and your legal options for pursuing monetary compensation.

If the Forklift Manufacturer was Negligent

If your accident happened because the forklift malfunctioned, the forklift's manufacturer could be held liable for your injury. For example, if the forklift does not stop when the brake is applied, if the brake is insufficient to stop you, or if the forklift does not respond to turns and acceleration correctly, the forklift or one of its parts could be defective.

Search online to find out if your model of forklift has been recalled or linked to other accidents due to a malfunction. In the event that it has, such information could be vital to your claim.

If the Forklift or Your Work Environment was not Properly Maintained

Your employer could be to blame if your accident was caused by a poorly-maintained forklift or work environment. If your employer was aware of a defect in the forklift and failed to fix or repair the defective part or your employer failed to keep a clean, clutter-free warehouse, your employer could be held liable for your injury.

If a Third Party was Responsible for your Accident

Sometimes, collisions happen. Other times, you can be injured when working on another company's property or because of a third party's negligence, such as reckless behavior from other workers. If this is the case, you could potentially recover damages for your injury through a third party claim.

Any time a party other than your employer is responsible for your injury, you could have grounds for a third party claim. Even if your employer created a separate company to handle your warehouse or another part of the company's supply chain process and that separate company's negligence caused your accident, you can seek compensation through a third party claim.

Workplace Accident Attorneys in San Jose

Forklift accidents can have serious, even tragic, consequences. If you have been injured in a forklift accident at your workplace, you could be entitled to receive monetary compensation through a workplace injury claim. To learn more about this process and determine the party responsible for your injury, contact our team of San Jose workplace injury attorneys at Corsiglia, McMahon, & Allard, L.L.P. today to schedule your free legal consultation with our firm. We are available for clients in the Bay Area, and the counties of San Mateo, Alameda, San Benito, Monterey, and Santa Clara.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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