Our Brand Is Excellence

Traumatic Brain Injuries from Forklift Accidents and Third-Party Liability

by | Mar 22, 2024 | Firm News

Forklift accidents can result in severe head injuries, including traumatic brain injuries (TBI) that may lead to permanent cognitive, physical, and emotional impairments. TBIs can occur when a forklift operator or pedestrian is struck by falling materials, thrown from the forklift, or hit by the vehicle itself. Even at low speeds, a forklift collision can cause a significant head injury, especially if safety measures are lacking.

While some forklift-related TBIs happen due to operator error, many are caused by unsafe premises, defective equipment, or third-party negligence. When a manufacturer, property owner, forklift rental company, or contractor is responsible for the accident, the injured person may have the right to file a third-party liability lawsuit beyond workers’ compensation.

How Do Forklift Accidents Cause TBIs?

A traumatic brain injury can occur in several ways during a forklift accident. Some of the most common causes include:

  • Falling loads – If a forklift’s load is unstable or improperly stacked, materials can fall, striking workers or pedestrians on the head.
  • Tip-over accidentsForklifts can become unbalanced and tip over, causing operators to hit their heads on the ground or surrounding equipment.
  • Collisions with pedestriansA forklift backing up or moving through a crowded warehouse can knock a pedestrian down, leading to severe head trauma.
  • Defective safety restraints – Some forklifts are equipped with seatbelts or overhead guards that protect the operator. If these fail due to poor design or maintenance, a TBI is more likely.

Because brain injuries may not be immediately apparent, anyone involved in a forklift accident should seek medical attention right away.

Who Can Be Held Liable for a Forklift-Related TBI?

In many cases, third-party negligence plays a role in forklift accidents. Potentially liable parties include:

  • Forklift manufacturers if the injury was caused by a defective forklift, malfunctioning brakes, or unstable design.
  • Forklift rental companies if the leased forklift was not properly maintained or inspected.
  • Property owners or facility managers if the accident resulted from poorly maintained floors, unsafe walkways, or improper signage.
  • Third-party contractors if they created hazardous conditions, such as blocking forklift pathways or failing to secure heavy loads.

Each case requires an investigation to determine whether a third party failed in their duty to maintain a safe work environment or provide properly functioning equipment.

The Long-Term Impact of a Forklift-Related TBI

A traumatic brain injury can result in permanent impairments affecting memory, speech, motor function, and behavior. Many TBI victims experience:

  • Chronic headaches, dizziness, and balance issues
  • Cognitive problems, including memory loss and difficulty concentrating
  • Emotional changes, such as mood swings or depression
  • Loss of coordination and muscle control, potentially leading to permanent disability

Because TBI-related medical care can be extensive and lifelong, securing fair compensation is critical.

Filing a Claim for a Forklift-Related TBI

Victims of forklift-related TBIs may be entitled to compensation for:

  • Medical expenses, including emergency care, rehabilitation, and long-term treatment
  • Lost wages and reduced future earning capacity
  • Pain and suffering, including emotional distress and cognitive impairment
  • Permanent disability and required home modifications
  • Wrongful death damages if the injury was fatal

Unlike workers’ compensation, which has limits on recovery, third-party lawsuits allow for full compensation if negligence by a manufacturer, property owner, or contractor contributed to the accident.

Get Legal Help for a Forklift-Related TBI

Brain injuries from forklift accidents can be devastating, affecting every aspect of a victim’s life. If a third party’s negligence contributed to the accident, the injured person may have a right to full financial recovery.  Contact the accident attorneys at Spagnoletti Law Firm at 713-804-9306 for a free consultation to discuss your legal options.