Forklift and Lift Truck Accident Guide

Here’s what you need to understand

Were you or someone you know injured in a forklift accident anywhere in California? Read this guide to understand your legal rights, potential compensation and the steps you can take after an accident.
A forklift can weigh several tons and the load it carries can weigh as much again. When something goes wrong, workers and bystanders can suffer crushing injuries, broken bones, spinal damage or worse. If you were hurt in a forklift or lift truck accident in Los Angeles, the San Fernando Valley or anywhere in California, our personal injury attorneys can explain your rights and help you pursue the compensation you may deserve. Click here to discuss your case with an experienced attorneys at our firm. 

Walch Law’s wrongful death attorneys have more than 50 years of experience representing victims and families affected by forklift accidents, helping them pursue the compensation they deserve. If a family member got injured or died in an industrial truck accident, our wrongful death lawyers are ready to help your family understand its options. There are special procedures and strict deadlines, so please contact us now for your FREE and confidential consultation or you can simply call us at  818-222-3400.

Why are Forklift Accidents so Dangerous?

Forklifts move heavy pallets, crates and equipment in warehouses, loading docks, retail stores, factories and construction sites. They can be driven by a rider or operated by a person walking beside them. Rear-wheel steering makes them swing differently than a car and their weight makes them hard to stop quickly. A load raised high can shift or fall in an instant.

Federal OSHA treats forklift safety seriously, with specific operator training and evaluation requirements (29 C.F.R. § 1910.178(l)) and California’s Cal/OSHA has its own powered industrial truck rules (Cal. Code Regs., tit. 8, § 3668).

Common Causes of Forklift and Lift Truck Accidents

• Inadequate training or operators who lack required certification and evaluation.
• Workers or pedestrians struck by the truck or by its load.
• Tip-overs from overloaded forks, sharp turns or steep ramps.
• Falls off loading docks or into the gap between a dock and an unsecured trailer.
• Falling loads from tall lifts, especially with sit-down rider trucks that raise loads higher than hand trucks.
• Unchocked or unsecured vehicles that roll when brakes alone are not enough.
• Poor maintenance, such as failing brakes, steering, hydraulics or mast components.
• Unsafe workplaces, including crowded aisles, poor visibility, missing barriers and no marked walkways. Retail and mixed-use settings can be especially risky for pedestrians.

Who May Be Responsible? More People Than You Might Expect

In California, an employee injured on the job generally receives workers’ compensation and usually cannot sue the employer for negligence (Lab. Code, § 3602). But workers’ compensation does not pay for pain and suffering. If someone else’s fault contributed, the injured worker may also be able to bring a separate claim against that outside party (Lab. Code, § 3852). Depending on the facts, that could include:

• The forklift manufacturer or parts maker, if a design or manufacturing defect played a role.
• A maintenance or repair company that failed to fix a known problem.
• An equipment rental or leasing company.
• A property owner, trucking company or general contractor whose negligence created a hazard.
• A staffing agency or another employer on a shared work site.

Anyone who is not an employee, such as a delivery driver, vendor or customer, can often bring a claim directly against the responsible parties.

Recent California Court Decisions That Can Affect Your Claim

Forklift cases often involve several companies on one work site and California courts have recently made it harder for some injured contractors to sue the company that hired their employer. Under the “Privette” line of cases, a hirer is generally presumed not to be liable for on-the-job injuries to an independent contractor’s workers, because safety is delegated to the contractor. Two California Supreme Court decisions from 2021 are important:

• Gonzalez v. Mathis (2021) 12 Cal.5th 29. The Court held that a landowner generally has no duty to fix a known hazard on its property for a contractor’s worker, even when the contractor could not safely avoid it. Liability remains possible if the hirer retained control over part of the work and used that control in a way that affirmatively contributed to the injury, or in cases involving concealed hazards.
• Sandoval v. Qualcomm Inc. (2021) 12 Cal.5th 256. The Court likewise emphasized that a hirer’s mere failure to provide safety measures is not enough and that the worker must show the hirer’s own conduct affirmatively contributed to the injury.

What this means in practice: if you were hurt by a forklift while working for a contractor at another company’s site, the facts of who controlled the equipment, the work and the safety rules can decide whether a claim against the site owner is possible. Claims against a forklift manufacturer, a maintenance company, or a rental company are generally analyzed differently. An experienced lawyer can sort out these distinctions early.

When a Forklift Accident Takes a Life

Losing a loved one in a workplace accident is devastating. Under California law, certain family members may bring a wrongful death claim, usually within two years of the death (Code Civ. Proc., §§ 335.1, 377.60). Dependents of a worker may also be entitled to workers’ compensation death benefits. Our wrongful death attorneys help families understand how these claims fit together so that nothing is overlooked.

Why Choose Walch Law?

A serious forklift accident can change a life in seconds. For more than 50 years, family-owned Walch Law has stood by injured individuals and families facing the challenges of serious injuries and wrongful death. We believe every client deserves personal attention, honest legal guidance and to be treated like family—not a case number. We offer free, confidential consultations and charge no attorney fees unless we recover compensation for you. Whether your accident occurred in Los Angeles, the San Fernando Valley, Ventura, Orange, Kern, San Bernardino, Riverside or anywhere else in California, our team is ready to discuss your legal options.

Contact us today for your FREE consultation. Or you can simply call us at 866-INJURY-2 (866-465-8792) or 818-222-3400 (press 1 after hours) or email info@WalchLaw.com. Evidence can be lost and legal deadlines can expire, so taking action promptly may help protect your rights.

Deliverables

[Editor note] Self-ratings at drafting stage, not measured. All statutes and the workers’ comp/third-party statements need attorney verification.