San Diego Forklift
Accident Attorneys

Forklifts are vital to businesses and entire industries all across San Diego. They are essential for moving heavy loads efficiently and play a critical role in workplace safety by reducing the need for manual lifting. But these machines can also be incredibly dangerous if they are not used properly. According to the Bureau of Labor Statistics, “From 2011 to 2017, 614 workers lost their lives in forklift related incidents and more than 7,000 nonfatal injuries with days away from work occurred every year.” Many of these accidents involve workers being hit by falling loads. 

Whether a worker is injured at a busy warehouse or a construction site, there are laws to help the victims of these accidents. These laws take into consideration the tremendous toll of being injured by heavy machinery. Our San Diego forklift accident attorneys at Samer Habbas & Associates work with industry experts, investigators, and medical professionals to help ensure that victims are fairly compensated for all of the ways that a forklift accident has negatively impacted their life. We can examine the unique facts of your case completely free of cost and let you know how much compensation you may be entitled to. You can reach out to our office for a risk-free consultation anytime at 949-727-9300.

Common Locations Where Forklifts Are Likely To Be Used in San Diego

Workers will encounter forklifts in a variety of different industries and commercial businesses across San Diego. San Diego has very busy industrial, commercial, and entertainment sectors that heavily rely on forklifts to transport heavy materials. What follows are just a few of the locations across San Diego where forklifts are likely to be used.

• Warehouses and Distribution Centers: Amazon has a fulfillment center in Otay Mesa, and UPS has a logistics hub in Miramar. These businesses use forklifts to move pallets on a daily basis.
• Manufacturing and Defense Sites: Northrop Grumman and General Dynamics are aerospace manufacturers that heavily rely on forklifts for material transport.
• Construction Zones: There are construction zones all across San Diego, particularly in Mission Valley, Chula Vista, and downtown San Diego. Construction companies use forklifts to move lumber, concrete, and steel.
• Port Facilities: The Port of San Diego and National City Marine Terminal both rely on forklifts to move heavy machinery.
• Public Spaces: San Diego is home to a number of public attractions, including the San Diego Zoo and Petco Park. Forklifts play an important role at these locations to transport supplies and event equipment.

Because forklifts are used in such a wide range of different environments, it is critical that employers ensure safety compliance. Among other things, all forklift operators must be properly certified and trained. When companies fail to adhere to safety regulations, preventable accidents are much more likely to happen.

Common Causes of Forklift Accidents

Forklifts are complex pieces of machinery and difficult to handle in the best of circumstances. One of the most common causes of forklift accidents is inadequate training or driver inexperience. Inexperienced drivers are more likely to make key mistakes that put themselves and everyone else at risk. Here are just a few other common causes of forklift accidents.

• Overloading: Every forklift is rated to carry a certain capacity. Exceeding this capacity makes it more likely that a forklift will become unstable and potentially tip over. 
• Load Instability: Unbalanced or unsecured loads have the capacity to shift and fall. Loads should never be balanced at the end of the blades.
• Improper Maintenance: Forklifts are much more likely to malfunction if they are not properly maintained. For example, worn tires on a forklift can reduce stability and traction.
• Speeding: Workers tend to be pushed to complete tasks as quickly as possible. This can lead to workers operating their forklifts at unsafe speeds. Higher speeds make it more difficult to bring a forklift to a safe stop.
• Inadequate Safety Protocols: Forklift operators may not be overseen by a safety manager. Safety managers are supposed to enforce safety protocols and ensure that forklifts and pedestrians are properly separated.

Safety is the primary responsibility of forklift operators. They are the ones that have to operate their vehicle safely at all times. They must also be familiar with the limits of the forklift that they are using. But the causes of any forklift accident can extend far beyond operator error. 

OSHA Regulations for Operating Forklifts

There are many OSHA regulations related to operating forklifts. Perhaps the most important regulation is that forklift operators must be properly certified. Having unqualified or untrained workers operate forklifts puts everyone at risk. Several other OSHA regulations related to forklifts are listed below.

• 29 CFR §1910.178(q): Forklifts and other industrial trucks must be properly maintained and kept in a safe condition.
• 29 CFR §1910.178(o): Forklift loads must be stable and safely arranged so that they are not likely to tip over. Moreover, forklift operators must use extra caution when a load obstructs their view.
• 29 CFR §1910.178(n): Forklift operators must maintain a safe distance with other vehicles. They must also yield the right-of-way to pedestrians and use their horn when their vision is obstructed.
• 29 CFR §1910.178(a)(4)–(7): Forklifts must display their weight and carrying capacity on the vehicle.

Businesses should become thoroughly familiar with all of the safety regulations for operating forklifts. These vehicles are dangerous even when they’re used entirely as intended. In far too many cases, OSHA regulations are overlooked to speed projects along.

Liability for San Diego Forklift Accidents

Most forklift accidents involve workers in warehouses or other commercial settings. Workers are barred by statute from pursuing negligence claims against their employer. Unless an employer engaged in willful conduct that injured their worker, most workplace accidents will be adjudicated through the worker’s compensation system. This is a no-fault insurance scheme designed to help workers, regardless of how an accident took place. Injured workers may also be able to pursue a third-party liability claim if a separate entity from their employer contributed to an accident. There could be many sources of third-party liability for any accident involving a forklift.

• Equipment Manufacturers: A company that manufactured a forklift could be held at fault through a product liability claim. These types of claims can be pursued on numerous grounds. For example, a company may have failed to warn about rollover or tip-over risks.
• Distributor: The company that distributed a forklift could be liable for an accident if they made illegal modifications that compromise the forklift’s balance or visibility.
• Maintenance Contractors: Forklifts are complex pieces of machinery that require extensive inspections and maintenance to function safely. A service provider could be liable for an accident if they failed to properly repair a forklift with known defects, such as leaking hydraulics or faulty steering.
• General Contractor: A general contractor could also be liable for an accident if they allowed improper supervision or psych coordination that resulted in an accident.
• Forklift Rental Companies: Many companies do not own the forklift that they use. Instead, they rent them from different suppliers. The companies that rent or lease forklifts could be liable for an accident if they rented a device that they knew or should’ve known had a defect. 

Forklift accidents are often highly complex events. The factors that contribute to any accident could take place hours or even weeks beforehand. There could be several liable parties for any forklift accident. Just because a forklift accident happened at work does not necessarily entail that the injured worker must exclusively pursue a workers compensation claim. They may be able to receive much more compensation by also pursuing a personal injury claim.

What to Do After a San Diego Forklift Accident 

Forklift accidents can have a serious impact on a person’s life. Many victims may need to take extensive periods of time away from work. They may also be burdened with high medical bills. In more serious cases, victims may suffer permanent injuries that can dramatically impact their overall quality of life. It is essential that any person injured in a San Diego forklift accident take certain measures to protect their well-being and legal rights.

• Report: Workers should report the accident to their supervisor as soon as possible. This will help create an official record of what took place, which may be very useful later on.
• Medical Attention: Even if your injuries seem minor, it is best to seek a thorough evaluation. This can help reveal internal injuries and potentially fractures that may not be immediately obvious.
• Preserve Evidence: Take plenty of photos of the accident site and the forklift involved. It is also a good idea to collect the information of any witnesses. All of this evidence can help strengthen an injury claim down the road.
• Legal Support: Seek the guidance of an experienced San Diego forklift accident lawyer. An attorney can evaluate all of the unique facts of your case completely free of cost and let you know if you have a valid claim that could be pursued.

One of the great advantages of hiring a forklift accident attorney is that they do not charge anything upfront for their services. They work entirely on a contingency fee basis. In other words, they only get paid from the opposing party’s insurance provider if they are able to successfully resolve your case.

The Samer Habbas & Associates Advantage

 When you hire Samer Habbas & Associates, you get a whole team of highly qualified attorneys who will do everything in their power to ensure that you are well taken care of. Here are just a few ways that our firm stands out.

• Injury Claim Focus: Our law firm specializes in handling injury claims. Unlike many other firms that practice in a dozen or more areas, we focus on helping people who have been injured at work and other locations.
• Track Record: Our law firm has secured over $380 million for our deserving clients. This includes numerous $7-figure and $8-figure verdicts and settlements.
• Client Focused: Our law firm ensures that every claim is handled with incredible care and that every client is kept informed throughout the legal process. You are more than welcome to call us anytime with questions.
• No Upfront Costs: Our law firm will never ask you to pay anything up-front or out of pocket. We get paid entirely from the opposing party if we successfully recover compensation on your behalf.
• Local Knowledge: Our law firm has extensive experience handling claims in San Diego County. We understand all of the local laws and ordinances and will use that knowledge to help maximize the value of your case. 

Having an experienced and knowledgeable attorney to handle your injury claim can mean the difference between winning or losing your case. This is why having the right team matters. But you don’t have to simply take our word for it. You can read any of the dozens of five-star reviews we’ve received from happy clients. 

Getting Legal Help With a Forklift Accident Claim

A forklift accident can upend every part of a worker’s life overnight – their health, ability to work, and capacity to provide for their family’s future. Our attorneys understand the enormous physical and financial toll these accidents can have on victims. We will handle every detail of your claim so that you can focus on your recovery.

Have you or someone that you care about been injured in a San Diego forklift accident? You may be entitled to financial compensation. Our attorneys are committed to making sure that your legal rights and interests are being protected. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular situation, we are here for you. You can reach out to us anytime at 949-727-9300.

 Frequently Asked Questions