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When Should Lawyers Consult an Expert about a Forklift Accident?

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Posted: 30th October 2020 by
Andres Navarro
Last updated 30th October 2020
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  1. When should lawyers approach an expert when working on a forklift accident case?

 

As soon as possible! Evidence can expire quickly, especially in certain environments that forklifts operate in. An experienced forklift expert should be adept in both identifying and documenting relevant evidence on short notice. Retaining an expert early can prove to be extremely valuable to a lawyer working to establish their position in a forklift accident case.

 

  1. What are common forklift-related accidents you see in your practice?

 

Accidents involving collisions with pedestrians are prevalent. These can stem from inattentiveness on the part of the forklift operator and/or the pedestrian, and can involve forklift backing, issues with limited visibility, improperly secured loads, or even forklift design defects.

 

  1. How can these accidents be prevented?

 

Most, if not all, accidents with pedestrians can be prevented. Exhibiting situational awareness can help both pedestrians and forklift operators avoid collisions. Proper training, facility safety programs, consistent forklift maintenance, and adherence to PPE (personal protective equipment) requirements can all contribute to safer environments for forklifts to operate.

An educational background in engineering often makes for a desirable credential, as engineers are trained in the application of scientific methodologies to solve complex problems.

  1. Why should a lawyer have an expert perform an accident reconstruction?

 

Forklift accidents are often more complex than they first may seem – there are often several contributing factors and several potential scenarios in which the accident could have been avoided if different decisions were made or actions were taken. A competent forklift expert can identify the causes and contributing factors and explain any alternative scenarios using an accident reconstruction. Accident reconstructions often comprise of diagrams, animations, or other visuals which make the complexities of a particular case easier to comprehend for non-technical professionals or members of a jury.

 

  1. What should a lawyer look for in a potential forklift expert?

 

A forklift expert should be familiar with and experienced in the operation of a forklift. Their professional CV should indicate that they are certified to operate a forklift and have received training in forklift safety and general occupational safety. Having previous courtroom testifying experience is a plus and can indicate that a potential expert is comfortable with communicating and presenting their findings. An educational background in engineering often makes for a desirable credential, as engineers are trained in the application of scientific methodologies to solve complex problems.

 

Andres Navarro, P.E., DFE, ACTAR, CXLT
Kimley-Horn | 8201 Peters Road, Suite 2200, Plantation, FL 33324
Phone:
954.535.5113 | Email: andres.navarro@kimley-horn.com

 

Mr Navarro is a licensed Professional Engineer, Board Certified Diplomate in Forensic Engineering, and a Certified Forklift Operator. He has investigated and reconstructed hundreds of accidents and incidents, including forklift accidents, automobile accidents, and construction accidents.

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