From Incident to Courtroom: Forensic Engineering Insights for Attorneys Handling Forklift Cases

Forklifts are essential pieces of equipment used in warehousing, manufacturing, and construction environments. The operation of a forklift requires an operator with the proper training in lifting and positioning loads and maneuvering in areas where other employees are present. When operated in an improper manner, the risks are significant. In legal cases involving forklifts, you’re often dealing with serious consequences that require an objective analysis — severe injuries, major property damage, or even fatalities are often involved. Attorneys working on these cases need to understand what typically causes these incidents and how forensic engineering can provide valuable support in building a strong argument.

Common Causes of Forklift Incidents

Operator Actions

The Occupation Safety and Health Administration (OSHA) mandates that forklift operators complete training under the OSHA Standard 1910.178, Powered Industrial Trucks, before driving the forklift. Unfortunately, even with training programs in place, incidents related to improper operation still occur, often leading to serious injury or death.

The operator’s actions are a leading cause of forklift incidents, often stemming from inadequate training or a misunderstanding of the equipment's mechanics. Forklifts are rear-wheel steered and are equipped with components that enable the forklift to lift heavy loads. Driving a forklift is significantly different from driving a car, and operators unfamiliar with these nuances are at a higher risk of making mistakes.

Different environments require forklifts with specific safeguards. One memorable case involved a fire caused by the operation of a forklift powered by an internal combustion engine. The forklift was being used in an area where combustible vapors were present. The forklift’s engine ignited the vapors, the fire damaged the building, and injured employees working in the area.

Mechanical Faults

Mechanical faults, such as brake malfunctions or hydraulic issues, are another common cause of forklift incidents. I’ve worked on cases where poor equipment maintenance along with the operator’s actions directly led to devastating outcomes. One memorable case involved a forklift with a parking brake that was out of the proper adjustment.  The operator applied the parking brake, exited the cab, and walked in front of the forklift.  The forklift rolled forward, struck the employee, causing significant injuries. These types of incidents not only result in injury but can also escalate into catastrophic property damage.

Environmental Hazards

Environmental factors also play a significant role in forklift incidents. Uneven surfaces, narrow aisles, and shifting of a lifted load can increase the likelihood of injuries or unexpected consequences. Operators may face additional risks when forklifts are used outdoors, where rough terrain requires different equipment configurations, such as the use of pneumatic tires instead of tires constructed of hard. Failing to account for these variables often results in loss of the load being transported or a forklift rollover.

Legal Implications of Forklift Incidents

Forklift incidents often result in life-altering injuries, from crushed limbs to fatalities. These injuries lead to significant legal battles, where attorneys must navigate not only the human impact but also the financial consequences for businesses. Increased insurance premiums, lawsuits, and workplace disruptions are common after a forklift-related incident. In many of these cases, the OSHA standards play a central role. Attorneys need to be familiar with safety standards to build solid negligence claims. Understanding the intricacies of the OSHA 1910.178 standard is crucial in determining liability and establishing whether proper training, maintenance, and operational requirements were followed.

The Role of Forensic Engineering in Legal Cases

Forensic Reconstruction

In my role as a forensic engineer, I work to reconstruct the sequence of events that led to the forklift incident. It is my responsibility to provide an objective analysis of the incident. The reconstruction often involves the information obtained from the site, documentation of the forklift, speed and timing analysis, and evaluation of the operator’s actions. This information is used to determination of the root cause of what happened and why. In one case, I utilized laser measurement equipment and video footage from the industrial site in the analysis.

Expert Witness Testimony

Forensic engineers also play a crucial role in providing expert, fact-based testimony. Attorneys rely on us to explain the technical details of the incident clearly and concisely. We also are required to withstand rigorous cross-examination. In one case, I had to defend my findings using specific sections of the OSHA 1910.178 standard, which ultimately reinforced my testimony

Proactive Engagement

Attorneys should get forensic engineers involved as early as possible to preserve evidence. Timely site inspections and the documentation of available information are essential in ensuring that all factors contributing to the incident—whether mechanical, operational, or environmental—are thoroughly analyzed. The sooner we’re involved, the better the forensic analysis will be in supporting your legal case.

Future Trends in Forklift Safety and Litigation

Technological Advancements

Forklift technology continues to evolve, with newer models incorporating telematics and tracking systems. These systems record valuable data on the forklift performance, equipment usage, and potential malfunctions. In the future, this data will play an increasingly important role in legal cases, providing attorneys with objective insights into the cause of incidents.

Changing Regulatory Landscape

OSHA regulations are likely to evolve as safety awareness grows. Attorneys must stay updated on these changes to better advocate for their clients. Anticipating shifts in safety standards and equipment requirements can make a significant difference in legal strategy.

At EDT, we bring years of experience and specialized knowledge to forklift-related cases. From understanding the technical nuances of forklift mechanics to navigating OSHA regulations, we provide attorneys with the forensic expertise and objective analysis needed to strengthen their cases. Our thorough analysis and expert testimony have supported numerous successful outcomes for clients across various industries.

Forklift accidents are complex and often involve a combination of operator training and actions, mechanical failure, and environmental hazards. For attorneys, engaging a skilled forensic engineer early in the process ensures that valuable evidence is preserved and analyzed accurately. EDT's expertise in forensic analysis and expert testimony may make the difference in securing a favorable outcome for your case.

Contact EDT today to learn how our forensic engineering services can support your forklift accident cases.

About the Author

Kenny A. McClure, P.E., CFEI, is a Professional Engineer and Certified Fire and Explosion Investigator with over 30 years of experience in mechanical engineering and forensic analysis. Since joining EDT in 2007, Kenny has specialized in the reconstruction of vehicle collisions and mechanical failures, including extensive work on forklift incident investigations. His expertise in OSHA regulations and forensic reconstruction has made him a sought-after expert witness in legal cases involving severe injury and property damage. With a background in CNC machining and engineering technology, Kenny brings a practical, hands-on approach to forensic engineering, ensuring that attorneys receive clear, actionable insights for their cases.