Forklift truck drivers?

Question

I have been hit by a forklift truck by a driver who was not looking in the direction he was travelling in. Who is liable? And where can I get the relevant info from? This needs to be a legal document so I can use it as evidence.

I was working in a universal area moving something out of the way for the driver but I did not inform him of this. The driver was at another area at the time. he then drove to where I was but was looking up at the time as his mast was raised preparing a lift. He was looking up at the time and hit me on the ankle of both legs. Fortunately i am ok. We have both attended a disciplinary meeting and both recieved final written warnings! I am now trying to gather evidence for an appeal as I do not agree with this.

Answer 1

Firstly you need to inform his employer and get them to enter into their accident book, this is a legal document.
You don`t say whether you were injured, if you were and the accident happened on the public highway, you need to inform the police.
If your vehicle was damaged, you need to inform your insurance company.
In all events I would take legal advice
Good luck.

Answer 2

First & foremost. Is the driver a trained forklift operator? Ask for a copy of his current licence.

2. Training procedure requires that the forks be lowered to ground level before the truck moves. Forks should only be raised/lowered whilst the truck is stationary and the hand brake is on. If the driver was lifting/lowering the forks and moving at the same time this is contrary to H&S legislation and is a major infringement.

3. Was the truck fitted with both a warning beacon and a reverse beeper. Both are required by law within an area where pedestrians are operating.

4. Contact the local H&S Executive for documentation on the above - they will be more than interested if infringements of any of the above have occured.

Answer 3

youre gonna need to give a little bit more info than that, like were you allowed to be where you were when you got hit, did the person have a forklifting lisence? if you got hit by a forklift you may be dead, those things can weigh tons.

why you were in the area is irrelevant, the most important thing is if you were authorized to be in the area. also, in your defense you have this going for you, the driver may not proceed with the mast lifted, the forks have to be a few inches from the ground (i forget how much exactly) for two reasons, one. he cant see where he is going as clearly two. the probability of impaling something or someone is much greater for obvious reasons. if you were not authorized to be in the area and there are signs up then it is your fault, you have to be aware that these vehicles are being used and the driver is not aware of your presence you are liable. are there signs up warning people of these vehicles? where i worked it was imparative that gates and signs were set up to prevent anyone including workers from entering the area. if the company doesnt take the proper precautions to protect their workers then you have a case against them.

Answer 4

You should contact an attorney immediately. Both federal law and state law often have potential remedies in cases such as this. For this reason, you should not rely on any specific advice you read here, but should instead consult a local expert, i.e. a personal injury lawyer. The attorney will be aware of any deadlines you are facing and will provide guidance regarding how to document any medical treatment, how to obtain other forms of evidence, et cetera. Most personal injury lawyers will take a case on a commission basis if they feel the case has merit.
You should not speak to the employer's attorneys or insurers or anyone without consulting your own attorney first--they may get a statement from you that, taken out of context, hurts your ability to enforce your rights.

Answer 5

All accidents can be a tangled can of worms. First of all, you didn't mention that you were injured and if not, why build a case? Do you have medical expenses? Where you in an area you shouldn't been in? Was it on your work site?
The location has a lot to do with it. An intersection or a work place? It is usually not enough to claim the driver just wasn't looking. Without all the facts it is difficult to make the proper decision or give the correct answer.

Answer 6

It might depend upon where you were... if it was in a warehouse in which you work, and you were walking within a marked "no walk" zone, then you both may be liable. However, anytime someone operates machinery they are held to a higher level of responsibility for those around them.

If you were in an area where you don't work, then I would suspect the company that runs the area in which the forklift was operating could be found strictly liable - for allowing you in the work area.

The forklift operator could be found negligent, for not properly observing his/her work area.

There is plenty for a good lawyer to go off of.... good luck.

Answer 7

the argument you have is in the training
a person or piece of equipment that is working in a busy work area is always responsible for the results of someone being hurt in a workplace. the company will be first charged by the compensation office the safety dept of the company will be called into it. the driver if they were not properly trained would be at fault, you also have a responsibility's to be careful and not walk blindly into a drivers blind side. many issues come into the story and blame isn't assessed just by who was hit or who hit who. i would get a accident lawyer and find out for myself before charges or wrong doing action was taken/

Answer 8

OSHA , is a standard, your state worker comp will have standards and who's property and where and when and markings.

Were you invited on the property, do you work their, was it a work zone for the fort lift, or just in movement. was the drive lic. for the equipment by his company or a outside company, and were you hit or your veh.? all of this comes into play.

more information would be needed to help you with this from a safety point and a legal view.

Answer 9

Was this at work, were you both employed there.... If yes, then the company are duty bound under there 'duty of care' to supply the information.....
If you and he/her do not work for the same company, then his employer must supply the same.
The FT driver has a duty of care and is responsible even if you walked out in front of him.... He cannot claim distraction etc as he is responsible for the positioning, movement and safety of all persons within his working area....

Answer 10

Maybe you should contact OSHA regarding that. I'm not positive, but am pretty sure when my husband operated a forklift, he was required to get certification.
Also, seems the company would be liable.
Hope you're not hurt too bad!