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Forklift Collisions with Pedestrians: Legal Options for Victims

by | May 12, 2024 | Firm News

Forklift accidents don’t just affect operators—pedestrians, bystanders, and other workers in the area are often at serious risk. Collisions between forklifts and pedestrians can lead to devastating injuries, including crushed limbs, traumatic brain injuries, and fatalities. Forklift accidents frequently occur in warehouses, construction sites, retail stores, and loading docks, where forklifts and foot traffic share the same space.

While many assume that forklift accidents are strictly workplace injuries handled through workers’ compensation, this is not always the case. When a forklift collision is caused by a third party—such as a property owner, contractor, or forklift manufacturer—the injured pedestrian may have grounds to file a third-party liability lawsuit. This type of claim allows victims to recover full compensation beyond the limitations of workers’ compensation, including damages for pain and suffering, lost income, and long-term medical expenses.


How Do Forklift Collisions with Pedestrians Happen?

Many workplaces lack clear separation between forklift pathways and pedestrian walkways, increasing the risk of collisions. These accidents often occur due to poor visibility, unsafe premises, defective forklifts, or negligence by third-party contractors.

Blind Spots and Obstructed Visibility

Forklift operators often have limited visibility due to the design of the vehicle and the materials they are transporting. If a pedestrian is in a blind spot or obstructed area, the operator may not see them in time to prevent an accident. Poor lighting, stacked inventory, and cluttered aisles can also increase the risk of a collision.

Lack of Safety Barriers and Marked Walkways

Many warehouses and retail spaces fail to implement basic safety measures, such as designated pedestrian walkways, warning signs, or protective barriers. Without clear traffic control measures, pedestrians may unknowingly walk into forklift operating zones. If a property owner, facility manager, or contractor failed to create a safe environment, they may be held liable.

Defective or Malfunctioning Forklifts

In some cases, the forklift itself is the problem. Braking failures, steering defects, or unresponsive controls can make it impossible for an operator to stop in time. If a defective forklift causes a pedestrian accident, liability may fall on the manufacturer, distributor, or rental company.

Negligent Forklift Operators Hired by Third Parties

Many businesses contract outside workers to operate forklifts. If a third-party contractor or vendor employs an untrained or reckless forklift operator, they may be responsible for an accident. This is particularly relevant in construction zones, warehouses, or shipping yards, where multiple companies operate on the same site.


Who Can Be Held Liable for a Forklift Collision with a Pedestrian?

When a pedestrian is struck by a forklift, multiple parties may be responsible. Unlike workers’ compensation cases, third-party liability claims allow victims to pursue full financial recovery from negligent parties beyond their employer.

Property Owners and Facility Managers

If a warehouse, retail store, or construction site lacks proper safety measures, the property owner or facility manager may be liable. Unsafe conditions, such as poorly marked walkways, inadequate lighting, or a failure to control forklift traffic, can lead to serious injuries.

Forklift Manufacturers and Distributors

If the accident was caused by a forklift defect, such as faulty brakes, malfunctioning alarms, or unstable design, the manufacturer or distributor may be held accountable under product liability laws.

Forklift Rental Companies

Businesses that rent forklifts rely on rental companies to ensure the equipment is properly maintained. If a rented forklift’s brakes fail, steering locks up, or alarms do not function, the rental provider may be responsible for the accident.

Third-Party Contractors and Vendors

If an outside contractor, subcontractor, or vendor was responsible for operating the forklift or managing safety procedures, they may be held liable for an accident caused by negligence.


Injuries in Forklift Collisions with Pedestrians

Pedestrians are especially vulnerable in forklift collisions because they have no protection against the weight and force of a forklift. Common injuries include:

  • Crush injuries – If a pedestrian is pinned by a forklift or run over, they may suffer broken bones, internal organ damage, or amputations.
  • Head and brain injuries – Even at low speeds, a forklift impact can cause severe head trauma, concussions, or traumatic brain injuries.
  • Spinal cord damage – If a pedestrian is knocked down by a forklift, they may suffer spinal cord injuries, leading to paralysis or long-term mobility issues.
  • Fatalities – In the most tragic cases, pedestrians do not survive forklift collisions, leaving families to pursue wrongful death claims against the responsible parties.

These injuries often require extensive medical treatment, rehabilitation, and long-term care, making legal action essential for securing financial compensation.


Filing a Legal Claim After a Forklift Collision with a Pedestrian

When a third party is responsible for a forklift accident, the victim may be able to file a personal injury lawsuit to recover full compensation. Unlike workers’ compensation, third-party lawsuits allow victims to seek damages for:

  • Medical expenses, including hospital stays, surgeries, and physical therapy
  • Lost wages and future earning potential
  • Pain and suffering
  • Emotional distress and reduced quality of life
  • Permanent disability or long-term impairment
  • Wrongful death benefits for families of fatal accident victims

To build a strong claim, victims must prove that a third party’s negligence directly caused the accident. Evidence may include surveillance footage, accident reports, witness statements, maintenance logs, and expert analysis of forklift safety violations.

Because multiple parties may be responsible, filing a claim requires careful investigation and legal expertise to ensure all liable entities are held accountable.


Get Legal Help After a Forklift Pedestrian Collision

Pedestrians struck by forklifts often suffer devastating injuries that impact their ability to work and live independently. When third-party negligence is involved, victims have the right to seek full compensation.

If you or a loved one has been injured in a forklift accident, the workplace injury lawyers at Spagnoletti Law Firm can help. Our forklift accident team will investigate the case, determine liability, and fight for the compensation you deserve. Contact us at 713-804-9306 for a free consultation.