In Rhode Island (RI), Massachusetts (MA) and across the United States there are many instances of forklifts, lift trucks or other industrial trucks malfunctioning. When these industrial trucks malfunction or are not operating properly, a technician or repairman is usually contacted to examine service and repair the alleged faulty and perhaps dangerous Forklift. A Forklift accident can cause serious injury necessitating a Rhode Island personal injury lawyer or a Providence construction accident attorney.
RI forklift accident
This process is very similar to an automobile / car breaking down or suffering mechanical issues that are concerning to the motorist. The vehicle owner or operator may be concerned that the offending condition on the auto could imperil their safety or be the cause of a car accident resulting in serious personal injury or even death. A careful motorist would bring his or her car to the mechanic to diagnose the problem and repair the motor vehicle.
In some cases an incompetent service technician will not resolve the problem with the vehicle and allow the motorist to leave the garage with an unsafe vehicle. The vehicle could be unsafe for the road and could be dangerous to pedestrians and other motorists on the road or highway. It is crucial that a pedestrian injured in aaccident in Rhode Island contact a RI pedestrian accident lawyer. Likewise, if a car operator is injured as a result of carelessness of a motorist resulting in injury, they should contact a Providence Personal injury lawyer.
The Occupational Health and Saftery Admistration (OSHA) utilizes a definition of a “powered industrial truck as “Any mobile power-propelled truck used to carry, push, pull, lift, stack or tier materials. Powered industrial trucks can be ridden or controlled by a walking operator. Earth moving and over the road haulage trucks are not included in the definition. Equipment that was designed to move earth but has been modified to accept forks are also not included.” OSHA
Similarly, it is not uncommon for forklift technicians to improperly diagnose diagnostic error codes and allow unsafe lift trucks back into Commercial and Industrial operation without being properly repaired! If a forklift or other industrial truck is placed back into operation and service without proper repair and maintenance, the result could be deadly or a catastrophic injury could result.
Negligent Repair of Construction Equipment
Improper diagnosis and or negligent repair of an industrial lift truck which later causes damage or injury to a person or other property is a viable negligence cause of action in both RI and MA and across the United States.
Modern Lift Trucks are similar to modern vehicles because they have intricate computer technology. Only experienced and highly trained technicians should service, perform maintenance or repair forklifts and industrial equipment.
Industrial Accident Investigation
If there is an accident resulting in personal injury, death or serious property damage, it is important that you retain a RI Trucking Accident Attorney who has experience in Truck crash Personal Injury Litigation. A good Rhode Island Personal Injury Attorney will utilize an expert, preferably mechanical Maintenance expert or a mechanical engineer with expertise in Forklift or Truck maintenance and repair.
A RI negligence lawyer will investigate the circumstances of the accident, the maintenance history of the equipment as well as carefully review applicable manuals promulgated by the manufacturer.
The attorneys will need to obtain all relevant documents and records including the maintenance logs and history of the defective loader or truck. It may be necessary to schedule a deposition of the technical support representatives or engineers at the manufacturer of the equipment.
Of course the accident attorney will seek any witness statements or other evidence related to the accident. In some instances, an accident reconstruction expert must be retained by the Rhode Island Construction Accident Attorney to properly reconstruct the accident and determine how the incident occurred and whether any malfunction or negligence caused the mishap.
Of course, the same protocol would be instituted by tort attorneys for other industrial lifts such as: Straight Boom Lifts, Telehandler, Backhoe, Cranes, Scissor Lift and loaders.
Deadly Construction Accident Wrongful Death
If a person is killed in a fatal industrial accident, it is crucial that the loved ones of the person who died in the accident contact a RI Wrongful Death Attorney. Compensation for a deadly accident must be pursued by the executor or administrator of the estate of the person who died in the tragic accident on behalf of the statutory beneficiaries of the estate.
If a employee is injured or killed in a work related construction accident, then they can seek no fault compensation against their employer via the RI and MA workers compensation system. An injured worker should consult with a workers compensation lawyer. If the person is disabled as a result of the mishap they may also have a Social Security Disability (ssi or ssdi claim). In addition, if someone is injured in a work related accident they may also be able to file a claim for negligence against any third party tortfeasors.
Forklift and other lift related accidents are very different from other trucking accidents such as tractor trailor crashes and semi-truck (18 wheeler) collisions. However, personal injury attorneys who litigate and settle big rig crashes often also handle forklift related incidents resulting in injuries.
This section contains safety requirements relating to fire protection, design, maintenance, and use of fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. This section does not apply to compressed air or nonflammable compressed gas-operated industrial trucks, nor to farm vehicles, nor to vehicles intended primarily for earth moving or over-the-road hauling.” OSHA