Forklifts are massive but versatile machines that are designed to handle a diverse range of tasks at construction sites throughout Texas. The widespread use of forklifts also contributes to the potential hazards that can result in severe personal injuries to and wrongful death of construction workers.
Because forklifts wield immense power, the impact of a forklift accident is often catastrophic for the victims. The injured construction workers may require extended periods away from work to an effort to heal, surpassing the recovery times associated with most other workplace accidents.
If you have suffered injuries in a forklift accident or someone you love lost their life in such an accident, you may be entitled to financial damages from all the negligent parties involved. At Miller Weisbrod Olesky, our proven and capable forklift accident lawyers in Texas are ready to provide you strong legal and emotional support, take on the insurance companies and the defendants so you can focus on your recovery and your family’s well-being.
When our clients arrived on a work site to dispose of material, a Front-End Bucket Loader was provided by the property owner to unload the debris. The Front-End Loader operator was on his first day on the job and had never operated this particular brand of heavy machinery. When he went to back up, he accidentally put the loader into forward crushing our client’s legs, causing severe fractures. The accident was caught on video. The $3M was total policy limits of insurance maybe make that clear in last slide showing the settlement.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
Forklift Accidents: By the Numbers
Construction industry statistics in the US highlight the serious risks associated with forklift operations. Studies show that there is a 90% probability of a forklift causing a life-threatening injury or even a fatal accident during its operational lifespan. The Occupational Safety & Health Administration (OSHA) estimates that forklifts are responsible for approximately 61,800 minor injuries, 34,900 serious injuries, and as many as 85 forklift-related deaths annually.
With nearly 900,000 forklifts in active use across the country, this translates to a one in ten chance that each forklift at a construction site will be involved in an accident within the year. Overall, 1 out of every 6 workplace fatalities (wrongful deaths) in the US can be attributed to forklift-related incidents.
OSHA points out that up to 70% of forklift accidents could have been prevented through the implementation of standardized training and adherence to safety procedures. These statistics underscore the critical need for comprehensive safety measures and training to mitigate the inherent risks associated with forklift operations on Texas construction sites.
Common Forklift Accidents on Texas Construction Sites
While the causes of forklift accidents can vary, negligence on the part of general contractors, subcontractors, and other parties can significantly contribute to their occurrence. Here are some of the most common forklift accidents on construction sites in Texas.
Struck-by Accidents
Construction “struck by” accidents occur when a forklift collides with a person, another vehicle, equipment, or objects in the workplace. They often result from the lack of clear traffic management or communication. Negligence can occur when general contractors or subcontractors fail to establish and enforce clear traffic management plans, designate forklift travel paths, or provide proper signage and barriers to separate forklifts and pedestrians.
Falls from Forklifts
Construction workers can fall from the elevated portion of a forklift, such as the platform or the forks, when not using proper fall protection measures or if they stand on unstable surfaces. Subcontractors may be negligent if they do not provide adequate fall protection equipment or fail to ensure that workers are trained in forklift safety. General contractors and employers must enforce safety measures to prevent falls.
Tip-Over Accidents
Forklift tip-over accidents can cause serious personal injuries when the forklift becomes unbalanced, usually due to overloading, improper load distribution, or sharp turns, causing the vehicle to tip onto its side or back. General contractors, subcontractors and operators may be negligent if they overload forklifts, do not distribute loads properly, or fail to follow safe turning practices. Regular training and supervision are essential to prevent these accidents.
Collision Accidents
These accidents involve forklifts colliding with other vehicles, equipment, or pedestrians, often occurring due to lack of clear traffic patterns or operator inattention. General contractors and subcontractors may be negligent if they do not establish clear traffic patterns, fail to provide appropriate signage, or do not enforce safety rules regarding forklift operations.
Load Handling Errors
Load handling accidents result from mishandling or improperly securing loads. This can lead to falling objects, instability, or the load shifting unexpectedly. Subcontractors may be negligent if they do not properly train workers in load handling procedures, fail to inspect and secure loads adequately, or exceed load capacity limits.
Forklift Malfunctions
Forklift malfunction accidents occur when mechanical failures, such as brake failures, steering issues, or engine problems, cause the forklift to become uncontrollable or unreliable. General contractors and subcontractors may be negligent if they do not perform regular maintenance and inspections on forklifts or neglect to address mechanical issues promptly.
Crushed by Forklift
This tragic accident involves a person being crushed by a forklift, either due to an overturning incident or by being trapped between the forklift and another object or surface. Subcontractors, operators, and employers may be negligent if they do not provide proper training in safe forklift operation, fail to enforce safety measures, or allow unsafe practices that can result in these accidents.
Unsafe Forklift Operation
Unsafe operation involves reckless or untrained forklift operators who engage in behaviors like speeding, abrupt stops, or improper maneuvering, increasing the risk of accidents. Employers, including subcontractors, may be negligent if they allow untrained or inexperienced individuals to operate forklifts or do not provide ongoing training and supervision.
Obstruction Accidents
These accidents happen when operators have limited visibility due to obstructions in their field of view, leading to collisions with objects or people in the work area. General contractors and subcontractors may be negligent if they do not maintain clear work areas or fail to remove obstructions that obstruct the operator's view, increasing the risk of accidents. Proper site management and hazard identification are essential.
Pedestrian Accidents
Pedestrian accidents occur when forklifts and pedestrians share the same workspace, and forklift operators are not adequately trained to navigate safely around pedestrian traffic. General contractors and subcontractors may be negligent if they do not train forklift operators to be aware of pedestrian traffic, neglect to enforce safety zones, or fail to provide high-visibility vests and protective gear.
Lack of Safety Protocols
These accidents can result from the absence of comprehensive safety protocols, which should include guidelines for forklift operation, pedestrian safety, and hazard prevention. General contractors and subcontractors may be negligent if they do not establish and enforce safety protocols, conduct regular safety audits, or provide proper safety training to all workers. Proper oversight and commitment to safety are essential in preventing these accidents.
Truck Falling Off a Dock or Trailer
This type of accident occurs when a forklift drives off the edge of a loading dock or trailer, which can happen due to misjudgment, inadequate signage, or lack of dock safety measures. General contractors and subcontractors may be negligent if they do not provide proper training for forklift operators on loading docks, fail to implement clear signage and safety measures, or neglect to ensure the dock's structural integrity.
Personnel Falling from Forks
Workers may fall from the forks or platform of a forklift when not following safety regulations or when attempting to perform tasks that should not be carried out on a forklift. Subcontractors may be negligent if they do not enforce strict safety rules regarding personnel on forklifts, fail to provide proper training and guidelines, or do not adequately supervise workers around forklifts.
In each of these accidents, negligence can significantly increase the risk of forklift-related incidents. General contractors, subcontractors, and other parties involved in construction projects must prioritize safety by adhering to OSHA regulations, conducting regular safety inspections, providing proper training, and implementing robust safety protocols.
Types of Forklift Accident Evidence Our Lawyers Collect
Miller Weisbrod Olesky understands the critical importance of collecting compelling evidence to establish liability in forklift accident cases involving general contractors, subcontractors, and other parties. Our Texas forklift accident lawyers are dedicated to building a strong case on your behalf. Here are the types of evidence we will diligently collect:
Incident Reports: We will obtain copies of incident reports filed immediately after the accident, which can provide crucial details about the events leading up to the accident and any initial assessments of liability.
Witness Statements: We will interview eyewitnesses who were present at the accident site, collecting their statements about what they observed, including any negligence on the part of contractors or subcontractors.
Surveillance Camera Footage: We will identify and obtain surveillance camera footage from nearby or on-site cameras that may have captured the accident. This visual evidence can provide critical insights into the sequence of events and any negligence that contributed to the accident.
Photos and Videos from the Accident Site: We will gather all available photos and videos from the accident site, including those taken immediately after the incident, to document the scene, forklift placement, signage, barriers, skid marks, and any visible hazards or safety violations.
Forensic Evidence: Our team will work with forensic experts to analyze physical evidence from the accident, such as tire marks, vehicle damage, or equipment failures, to reconstruct the events and determine liability.
Expert Witnesses: We will consult with expert witnesses, such as forklift safety experts and accident reconstruction specialists, to provide their professional opinions on liability and negligence.
Forklift Maintenance and Inspection Records: We will review maintenance and inspection records for the involved forklift(s) to determine whether neglect or improper maintenance played a role in the accident.
Operator Training Records: We will examine records of forklift operator training and certification to assess whether the operator was properly trained and qualified to operate the forklift.
Safety Protocols and Procedures: We will analyze safety protocols and procedures implemented by general contractors and subcontractors, evaluating whether they were in compliance with OSHA regulations and industry standards.
Worksite Conditions: We will assess the overall worksite conditions, looking for factors such as inadequate signage, obstructed views, lack of clear traffic patterns, or unsafe work zones that may have contributed to the accident.
Medical Records: We will collect medical records and expert medical opinions to demonstrate the extent and cause of the injuries and their connection to your forklift accident on a Texas construction site.
OSHA Violations: We will investigate whether there were any violations of OSHA standards and regulations related to forklift operations, which can strengthen our case for negligence.
Subcontractor Agreements: We will review subcontractor agreements, if applicable, to determine the responsibilities and liabilities of subcontractors in relation to the accident.
Communication Records: We will examine any written or electronic communications, such as emails or memos that may reveal negligence, lack of communication, or knowledge of hazardous conditions.
Prior Incidents: We will research any prior forklift accidents or safety violations involving the same parties, as this history can establish a pattern of negligence.
These forms of evidence can provide a more comprehensive understanding of the circumstances surrounding the accident and strengthen our ability to establish liability on behalf of the general contractors, subcontractors, and other parties involved. Obtaining the compensation you deserve is our top priority at Miller Weisbrod Olesky, and our Texas forklift accident attorneys will leave no stone unturned in gathering the evidence needed to support your claim.
Types of Forklifts Used on Construction Sites
The Texas construction industry relies on a variety of forklift types to efficiently handle materials and equipment on job sites. Each type of forklift is designed for specific tasks and conditions.
Counterbalance Forklifts: Counterbalance forklifts are the most widely used forklifts in construction. They come in electric, gas, or diesel-powered models and are versatile for indoor and outdoor applications. They have a counterweight at the rear to balance the load being lifted, eliminating the need for extended front legs or outriggers.
Rough Terrain Forklifts: Designed for outdoor use on uneven and rough terrain, rough terrain forklifts feature larger, robust tires and a sturdy frame. They are ideal for construction sites with gravel, dirt, or uneven surfaces.
Telehandlers (Telescopic Handlers): Telehandlers combine the capabilities of a forklift and a crane. They have a telescoping boom that can reach high and extend horizontally. These versatile machines are used for lifting and placing materials at various heights and distances.
Reach Forklifts: These are designed for use in narrow aisles and confined spaces. They have extendable forks that can reach into racking systems, making them ideal for storage and warehouse applications within construction sites.
Pallet Jacks (Pallet Trucks): Pallet jacks are manual or electric-powered devices used for moving palletized loads. They are commonly used for transporting building materials, tools, and equipment within construction sites or warehouses.
Order Pickers: These forklifts are used for high-level order picking in warehouses and distribution centers. They have a platform that elevates workers to access materials stored on racks.
Industrial Forklifts: These forklifts are primarily used in manufacturing facilities and construction sites. They can handle various load types and are available in different fuel options.
Sideloader Forklifts: These have forks mounted on the side, allowing forklift operators to lift and transport long or wide loads parallel to the direction of travel. They are useful for handling items like pipes, lumber, and steel beams.
Turret Trucks (Very Narrow Aisle Forklifts): Turret trucks are specialized forklifts designed for high-density storage in narrow aisles. They have a rotating mast that can pivot 90 degrees to access materials on either side of the aisle.
Walkie Stackers: Walkie stackers are compact and typically electric-powered forklifts used for stacking and moving loads in confined spaces. They are commonly used for smaller construction tasks and material handling in tight areas.
Selecting the right type of forklift for a construction project depends on factors such as the nature of the materials, space constraints, terrain, and lifting height requirements.
OSHA Standards Related to Forklift Accident Prevention
The Occupational Safety and Health Administration (OSHA) has established specific standards and regulations related to forklift accident prevention in the workplace. These standards are designed to ensure the safe operation of forklifts and reduce the risk of accidents.
This standard outlines the general requirements for the safe use of powered industrial trucks, including forklifts. It covers topics such as operator training and certification, safe operation practices, inspection and maintenance, and the handling of hazardous materials.
This section specifies the requirements for forklift operator training programs. It mandates that employers must provide formal training, practical evaluation, and refresher training to ensure that forklift operators are competent and knowledgeable about safe operating procedures.
Under this standard it is prohibited to drive trucks towards anyone standing in front of a bench or any stationary object. Under no circumstances should individuals stand or pass beneath the raised section of a forklift, regardless of whether it is loaded or empty. Unauthorized personnel are strictly forbidden from riding on powered industrial trucks.
Compliance with all traffic regulations, including approved plant speed limits, is mandatory under this OSHA standard. Operators must maintain a safe following distance of roughly three truck lengths from the vehicle in front, while ensuring continuous control of the truck throughout the operation.
Should a forklift be identified as requiring repair, displaying defects, or posing any safety concerns, it must be immediately removed from service until it undergoes restoration to ensure safe operational conditions. Any forklift deemed unfit for safe operation must be promptly taken out of service. All repair work must be carried out exclusively by authorized personnel.
This section mandates that forklifts be inspected daily before use and that any defects or unsafe conditions be reported and addressed promptly. Regular maintenance and servicing of forklifts are essential for accident prevention.
Employers in Texas must adhere to these OSHA standards to promote a safe working environment and prevent forklift accidents in construction and other industries. Our Texas forklift accident lawyers at Miller Weisbrod Olesky will investigate and prove whether any OSHA violations of the general contractor, subcontractor, or other parties contributed to your accident and injuries, and hold them liable for maximum damages.
Risk of Pedestrian Injuries and Fatalities in Forklift Accidents
Pedestrian injuries and fatalities are significant concerns in forklift accidents in Texas. Forklifts are powerful and heavy industrial vehicles, and when pedestrians share the same workspace, the risk of accidents increases. Here are some key factors that contribute to the risk of pedestrian injuries and fatalities in forklift accidents:
Limited Visibility: Forklift operators often have restricted visibility due to the design of the vehicle, particularly when carrying loads. This limited sight can make it challenging for operators to spot pedestrians who may be in their path.
Noise Levels: Forklifts can be noisy, which can make it difficult for pedestrians to hear approaching forklifts, especially in noisy construction environments.
Speed: Forklifts can move at varying speeds, and in some cases, operators may not reduce speed in pedestrian-heavy areas. High-speed forklifts pose a greater risk to pedestrians.
Inadequate Training: If forklift operators are not properly trained in safety protocols and awareness of pedestrians, they may not exercise the necessary caution when operating the vehicle near pedestrians.
Pedestrian Awareness: Pedestrians, including workers and visitors on construction sites, may not always be aware of the presence of forklifts and may lack information about designated pedestrian pathways.
Obstructions: Obstructions in the workplace, such as stacked materials or equipment, can obstruct the line of sight for both forklift operators and pedestrians, increasing the risk of collisions.
Lack of Safety Measures: Inadequate safety measures, such as the absence of barriers, signage, or designated pedestrian zones, can lead to unsafe conditions where pedestrians and forklifts interact.
The consequences of forklift-pedestrian accidents can range from severe injuries to fatalities. Injuries may include fractures, crush injuries, head injuries, or internal injuries. Fatalities can result from the sheer force of impact or being pinned between the forklift and another object.
Forklift Accident Prevention on Construction Sites in Texas
Ensure that all forklift operators receive proper training and certification before operating a forklift.
Conduct regular refresher training to keep operators updated on safety practices and regulations.
Routine Equipment Inspections
Implement a thorough inspection process for forklifts before each use.
Schedule routine maintenance to address any mechanical issues promptly.
Load Handling and Weight Limits
Train operators on load handling procedures, including load stability and weight limits.
Ensure that loads are properly secured and distributed on the forks.
Traffic Management
Establish clear traffic management plans on the construction site.
Mark pedestrian walkways and designate forklift travel paths, separating them whenever possible.
Pedestrian Awareness
Educate all workers, including pedestrians, about the dangers of forklifts.
Enforce the use of high-visibility vests and safety gear for pedestrians.
Obstruction Removal
Keep work areas clear of obstructions, debris, and materials that could obstruct the operator's view or impede safe forklift operation.
Proper Signage
Install clear and visible signage to alert workers to the presence of forklifts and indicate areas where forklifts operate.
Communication
Establish effective communication methods between forklift operators and ground personnel.
Use horns, signals, or radios to maintain clear communication.
Barrier Implementation
Use physical barriers like guardrails or bollards to separate pedestrian and forklift traffic in areas where they intersect.
Safe Loading and Unloading
Implement safety protocols for loading and unloading materials from trucks or trailers, including securing vehicles during the process.
Emergency Response
Establish emergency response procedures in the event of a forklift-related accident, including first aid and communication protocols.
Supervision and Oversight
Assign supervisors to monitor forklift operations and ensure compliance with safety standards.
Conduct regular safety audits and inspections to identify and address potential hazards.
Document Training and Maintenance Records
Maintain records of forklift operator training, certification, and refresher courses.
Keep detailed maintenance and inspection records for all forklifts on-site.
Continuous Safety Education
Promote a culture of safety through ongoing safety education and training for all workers on the construction site.
Accidents and injuries due to the negligence of general contractors, subcontractors and other parties are a harsh reality on Texas construction sites, but justice is within your reach. At Miller Weisbrod Olesky, our seasoned forklift accident lawyers in Texas are dedicated to securing the compensation you deserve from all the liable parties. Contact us for a free consultation. You don’t have to pay us anything unless and until we receive a successful financial settlement for you.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Miller Weisbrod Olesky Texas Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
