Eric M. Edwards, 41, of Ohio, was killed in a forklift accident while he was jogging on the street in DeWitt, New York. According to a report on Syracuse.com, the fatal incident occurred the afternoon of May 11 when the large industrial-size forklift that was moving construction supplies along New Venture Gear Drive, struck Edwards. The victim was hit in front of 6600 New Venture Gear Drive and was pronounced dead at the scene.
The driver of the loader remained at the scene after the incident and police say there is no indication that the driver was impaired by drugs or alcohol. According to other news reports, the driver told police he did not see the jogger coming. The loader belongs to a roofing company, officials said. Police are continuing to investigate this fatal incident. We offer our deepest condolences to the family members of Eric Edwards for their tragic loss. They will be in our thoughts and prayers.
Accidents Involving Forklifts and Bystanders
While construction workers or laborers on a construction site are the most frequently injured by forklifts, it is important to note that in many cases, innocent bystanders or pedestrians who happen to be near a worksite or construction site, may also get injured or killed in forklift accidents. In March 2014, a woman was struck and severely injured by a forklift while crossing a street in Borough Park, Brooklyn. In that case, the forklift struck the woman and ran her over crushing both her legs.
The U.S. Occupational Safety and Health Administration (OSHA) offers safety guidelines for forklift operators particularly as they work in close proximity to pedestrians. OSHA guidelines state that forklift operators should maintain a safe distance from workers on foot as well as other pedestrians and bystanders.
OSHA rules require forklift operators to warn pedestrians by horn, hand signal or warning lights. They should also maintain a safe clearance from co-workers. Employees should also stay out of the potential path of a forklift, especially when it is bearing a load.
Who Can Be Held Liable?
Construction sites are required to follow safety protocols when it comes to heavy equipment and vehicles. For example, when a forklift or backhoe is backing up, a “lookout” is required to make sure no one is in the path of the vehicle. Workers must be provided with job training and safety training in a language that they understand. Construction companies and some contractors or sub-contractors have a duty to ensure their workers are properly supervised.
They also have to ensure the safety of their workers as well as any bystanders and pedestrians in the vicinity. They should take precautions such as securing tools and equipment and observe safety measures when it comes to heavy machinery and equipment to prevent injuries to passersby and pedestrians.
General construction companies, managing agents, building owners, some contractors and sub-contractors have a responsibility to ensure that the construction activity at a worksite does not pose a danger to nearby workers, visitors or pedestrians. If you have been injured as the result of a poorly maintained/poorly secured work site, please understand that you have legal rights.
Contacting an Experienced Lawyer
In such cases, injured bystanders or passersby can seek compensation for damages including, but not limited to, medical expenses, lost wages and benefits, cost of hospitalization, rehabilitation, permanent injury, disabilities, past and future pain and suffering, etc. Families of deceased victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, funeral costs, medical expenses, pain and suffering, etc. Liable parties may include construction companies, general contractors, sub-contractors, property or building owners/managers, manufacturers of defective products, etc.
If you or a loved one has been injured as a result of hazards at a construction site, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 50 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com