Forklift accidents can be devastating, and when they result in a fatality, surviving family members are left with emotional and financial burdens. A wrongful death claim may provide compensation for medical expenses, funeral costs, lost income, and the pain and suffering caused by a preventable accident. While some fatal forklift accidents are linked to worker negligence, many involve third-party liability, such as defective equipment, unsafe premises, or the actions of outside contractors.
A wrongful death lawsuit allows family members to seek justice when another party’s negligence caused their loved one’s death. Unlike workers’ compensation claims, which provide limited benefits, a third-party wrongful death lawsuit may offer full financial recovery, including damages for emotional distress and loss of companionship. Identifying who is responsible is critical in pursuing a successful claim.
Common Causes of Fatal Forklift Accidents
Forklift accidents that result in fatalities are often caused by unsafe conditions, malfunctioning equipment, or negligence by third parties. Some of the most common causes include:
- Defective forklifts – Equipment failures, such as faulty brakes, unstable hydraulics, or electrical malfunctions, can lead to catastrophic accidents. If the forklift was defective, the manufacturer or rental company may be liable.
- Unsafe property conditions – Poorly maintained floors, cluttered workspaces, and lack of proper traffic control can create dangerous situations for forklift operators and pedestrians. If a property owner failed to maintain a safe environment, they could be responsible.
- Improperly loaded materials – Unsecured or overloaded pallets may fall onto workers, causing fatal injuries. If a third-party contractor or logistics provider handled the loading, they may be held accountable.
- Lack of visibility – Many forklift-related deaths occur when operators cannot see pedestrians or other workers. Poor lighting, blocked aisles, and missing safety mirrors may place liability on a facility manager or property owner.
- Third-party negligence – Contractors, subcontractors, and outside vendors may create unsafe conditions that increase the risk of forklift accidents. If their negligence caused a fatality, they could be held liable.
Who Can File a Wrongful Death Claim?
Each state has specific laws regarding who can file a wrongful death lawsuit. Generally, the following family members may be eligible:
- Spouses
- Children
- Parents
- Other dependents or estate representatives in certain cases
A wrongful death lawsuit seeks compensation for both economic and non-economic losses, including:
- Funeral and burial expenses
- Medical bills related to the accident
- Loss of financial support
- Pain and suffering
- Loss of companionship and emotional distress
Holding Third Parties Accountable in a Fatal Forklift Accident
When a forklift-related death occurs, multiple parties may be responsible. Unlike standard workplace accidents that involve workers’ compensation claims, wrongful death lawsuits often focus on third parties such as:
- Equipment manufacturers – If a defect in the forklift caused the fatality, the manufacturer may be liable under product liability laws.
- Forklift rental companies – If a leased forklift was poorly maintained or had known defects, the rental provider could be responsible.
- Property owners and facility managers – If unsafe premises contributed to the accident, such as poor lighting or unsafe loading docks, the owner or manager may be liable.
- Contractors and subcontractors – If a third-party contractor working on-site created an unsafe condition that led to a fatality, they may be held accountable.
Building a Strong Wrongful Death Case
Wrongful death claims require strong evidence to prove that negligence directly led to the accident. This may include:
- Surveillance footage or photos of the accident scene
- Maintenance records for the forklift involved
- Witness statements from coworkers or other employees on-site
- Expert testimony regarding product defects or unsafe working conditions
Since these cases often involve corporations, property owners, and manufacturers, legal teams may try to shift blame or deny responsibility. Working with an experienced attorney can help ensure that all responsible parties are held accountable.
Seeking Justice After a Fatal Forklift Accident
Losing a loved one in a forklift accident is devastating, and no amount of financial compensation can replace their presence. However, a wrongful death lawsuit can help provide financial stability and hold negligent parties accountable. Families facing this type of tragedy should explore all legal options to ensure they receive the compensation they deserve.
If your family has suffered the loss of a loved one in a forklift accident, Spagnoletti Law Firm is here to provide guidance. Contact us at 713-804-9306 for a free consultation to discuss your case.